These type of rape charges are defined as when someone over the age of consent, which is 17 in New York, has sexual intercourse with a person who is under the age of 17. That's because when a person is under the age of 17, they are considered incapable of understanding the significance of their actions and they may not enter into an agreement to have sexual intercourse because they are incapable of giving consent to intercourse voluntarily because they are too young to enter into contracts. This is true regardless of whether they are very intelligent or mature. They are simply viewed by the law as being incapable of giving their consent to intercourse. This is a per se crime, meaning that even if the person under 17 shows the other person a fraudulent drivers license showing they are over 17, and then the two of them have intercourse, the older one is still liable to be prosecuted under this statute because there is absolute liability against the older person. The actual definition of third-degree rape is when someone age 21 or older has sexual intercourse with anyone under age 17 at which time they are considered to be guilty of statutory rape, which is an "E" Felony punishable with up to 4 years in prison. Second-degree rape applies to anyone over the age of 18 who has sexual intercourse with anyone under the age of 15. There is an affirmative defense available that the so-called offender was less than four years older than the victim at the time of the act First-degree rape applies when the offender has sexual intercourse with someone who is less than the age of 11 or less than the age of 13 and the offender is over the age of 18.