Rape in the Third Degree

Definition under New York law

PL 130.25 · Original statutory wording; excerpts must be read together with the full section.

§ 130.25 Rape in the third degree. A person is guilty of rape in the third degree when: 1. He or she engages in vaginal sexual contact with another person who is incapable of consent by reason of some factor other than being less than seventeen years old; 2. He or she engages in oral sexual contact with another person who is incapable of consent by reason of some factor other than being less than seventeen years old; 3. He or she engages in anal sexual contact with another person who is incapable of consent by reason of some other factor other than being less than seventeen years old; 4. Being twenty-one years old or more, he or she engages in vaginal sexual contact with another person less than seventeen years old; 5. Being twenty-one years old or more, he or she engages in oral sexual contact with another person less than seventeen years old; 6. Being twenty-one years old or more, he or she engages in anal sexual contact with another person less than seventeen years old; 7. He or she engages in vaginal sexual contact with another person without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent; 8. He or she engages in oral sexual contact with another person without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent; or 9. He or she engages in anal sexual contact with another person without such person's consent where such lack of consent is by reason of some factor other than the incapacity to consent. Rape in the third degree is a class E felony.

In everyday language

This statute covers vaginal, oral, or anal sexual contact under nine alternatives organized around incapacity, specified ages, or lack of consent for a reason other than incapacity. The age-based alternatives require the person accused to be at least 21 and the other person to be under 17; the other alternatives have their own distinct consent requirements.

At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.