Legal Question in Sexual Harassment in New York

Re: underage sex

These are the relevant statutes

NY Penal Law

S 130.25 Rape in the third degree.

A person is guilty of rape in the third degree when:

1. He or she engages in sexual intercourse with another person who is

incapable of consent by reason of some factor other than being less than

seventeen years old;

2. Being twenty-one years old or more, he or she engages in sexual

intercourse with another person less than seventeen years old; or

3. He or she engages in sexual intercourse with another person without

such person`s consent where such lack of consent is by reason of some

factor other than incapacity to consent.

Rape in the third degree is a class E felony.

S 130.30 Rape in the second degree.

A person is guilty of rape in the second degree when:

1. being eighteen years old or more, he or she engages in sexual

intercourse with another person less than fifteen years old; or

2. he or she engages in sexual intercourse with another person who is

incapable of consent by reason of being mentally disabled or mentally

incapacitated.

It shall be an affirmative defense to the crime of rape in the second

degree as defined in subdivision one of this section that the defendant

was less than four years older than the victim at the time of the act.

Rape in the second degree is a class D felony.

Look at the stute to see what it says: there is no speciic category for your question... but until 18 a person is not leaglly competent.