NY Penal Law § 130.20

Asked over 4 years ago - New York, NY

If a 16 year old has sex with a 15 year old would that fall under 130.20 or could they use the infancy defense in PL 30.00

Attorney answers (1)

  1. Drew Allan Cicconi

    Contributor Level 11

    Answered . New York Penal Code § 130.20 covers sexual misconduct, as follows:

    A person is guilty of sexual misconduct when:

    1. He or she engages in sexual intercourse with another person without
    such person's consent; or

    2. He or she engages in oral sexual conduct or anal sexual conduct
    with another person without such person's consent; or

    3. He or she engages in sexual conduct with an animal or a dead human
    body.

    Sexual misconduct is a class A misdemeanor.

    If you are dealing with minors, statutory rape becomes an issue. That is, an individual is deemed incapable of consent when he or she is less than 17 years of age. Hoever, Individuals are exempt from prosecution for rape or criminal sexual acts under the following circumstances:

    •If the victim is between 15 and 17 years of age and the defendant is less than 21 years of
    age.

    •If the victim is between 11 and 15 years of age and the defendant is less than 18 years of age
    or less than 4 years older than the victim.

    However, engaging in sexual intercourse or deviate sexual intercourse with someone under 17
    years is considered sexual misconduct (a misdemeanor) regardless of the age of the defendant.

    See New York Penal Code section 130.5, et seq.

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