Legal Question in Criminal Law in New York

new york state penal law 130.30

My friend is eighteen and is having sex with his fifteen year old girlfriend. They live in New york state. In the new york penal law 130.30 it states that A person is only guilty in second degree rape when he is eighteen years of age and is engaging in sexual intercourse with another person less than fifteen years of age. I know the age of consent is seventeen in new york, but I don't understand. If they're having sex is it legal, since the penal laws indicate that they just can't be four years apart?

Thank you. I appreciate your time.


Asked on 2/22/09, 1:57 pm

1 Answer from Attorneys
Warren Markowitz Warren R. Markowitz, Esq

Re: new york state penal law 130.30

Your friend needs to get a lawyer immediately if not sooner.

Statutory rape in NY is a strict liability crime and can lead to jail time and registration as a sex offender. Consent is not a defense as the age of consent is at issue here not the fact that they wanted to have sex.

This is complicated and problematic, don't wait run to a criminal defense attorneys office now.

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Answered on 2/22/09, 5:06 pm


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