PL 130.25 · Article 130
Rape in the Third Degree
Rape in the third degree covers sexual contact defined as intercourse, oral or anal sexual contact where the other person could not legally consent (for example, because of age) or did not consent for a reason other than incapacity. Since 2024, New York's rape statutes include oral and anal sexual contact formerly charged as criminal sexual act.
Has your loved one been arrested or taken into police custody?
Text us immediately · (845) 290-2492What the prosecutor must prove
- The accused engaged in vaginal, oral or anal sexual contact with another person.
- One of the circumstances in PL 130.25 applied — such as the other person being under 17 while the accused was 21 or older, or lack of consent for a reason other than incapacity.
Defenses that commonly apply
- Consent (where age is not the basis of the charge) and credibility of the accusation.
- Inconsistent statements, forensic evidence and digital communications.
- The prosecution must prove every element beyond a reasonable doubt; gaps in the evidence matter.
- Challenging identification, witness credibility, and the reliability of statements to police.
- Suppression of evidence or statements obtained in violation of constitutional rights.
Penalties and collateral consequences
A Class E Felony carries a maximum sentence of up to 4 years in state prison and a fine of up to Up to $5,000 or up to twice the gain.
A conviction generally requires registration under the Sex Offender Registration Act (SORA).
Every case turns on its own facts. The information on this page is general, not legal advice.
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