2016 New York Laws
PEN - Penal
Part 3 - SPECIFIC OFFENSES
Title H - OFFENSES AGAINST THE PERSON INVOLVING PHYSICAL INJURY, SEXUAL CONDUCT, RESTRAINT AND INTIMIDATION
Article 130 - (130.00 - 130.96) SEX OFFENSES
130.10 - Sex offenses; limitation; defenses.

130.10 Sex offenses; limitation; defenses.
1. In any prosecution under this article in which the victim's lack of
  consent is based solely upon his or her incapacity to consent because he
  or  she  was  mentally  disabled,  mentally  incapacitated or physically
  helpless, it is an affirmative defense that the defendant, at  the  time
  he  or she engaged in the conduct constituting the offense, did not know
  of the facts or conditions responsible for such incapacity to consent.
2. Conduct performed for a valid medical or mental health care purpose
  shall not constitute a violation of any section of this article in which
  incapacity to consent  is  based  on  the  circumstances  set  forth  in
  paragraph (h) of subdivision three of section 130.05 of this article.
3.  In  any  prosecution  for the crime of rape in the third degree as
  defined in section 130.25, criminal sexual act in the  third  degree  as
  defined  in section 130.40, aggravated sexual abuse in the fourth degree
  as defined in section 130.65-a, or sexual abuse in the third  degree  as
  defined in section 130.55 in which incapacity to consent is based on the
  circumstances set forth in paragraph (h) of subdivision three of section
  130.05  of  this  article  it  shall  be an affirmative defense that the
  client or patient consented to such conduct charged  after  having  been
  expressly advised by the health care or mental health care provider that
  such conduct was not performed for a valid medical purpose.
4. In any prosecution under this article in which the victim's lack of
  consent  is  based solely on his or her incapacity to consent because he
  or she was less than seventeen years old, mentally disabled, a client or
  patient and the actor is a health care provider,  or  committed  to  the
  care  and  custody or supervision of the state department of corrections
  and community supervision or a hospital and the actor is an employee, it
  shall be a defense that the defendant  was  married  to  the  victim  as
  defined in subdivision four of section 130.00 of this article.