Legal Question in Criminal Law in New York

New York penal code 130.55 states, "A person is guilty of sexual abuse in the third degree when he or she subjects another person to sexual contact without the latter`s consent; except that in any prosecution under this section, it is an affirmative defense that (a) such other person`s lack of consent was due solely to incapacity to consent by reason of being less than seventeen years old,

and (b) such other person was more than fourteen years old, and (c) the defendant was less than five years older than such other person."

Does this mean that it is legal for a nineteen-year old to have sex with a sixteen-year old?


Asked on 11/14/11, 9:46 am

1 Answer from Attorneys
peter bark bark & karpf

If you mean by "sex", sexual intercourse, then look at Penal Law Section 130.20, Sexual Misconduct. A nineteen year old would be guilty if he/she has sexual intercourse with a sixteen year old.

Peter Bark- [email protected]

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Answered on 11/14/11, 11:13 am


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