There is a newer version
of
the New York Laws
2020 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 - Sex Offenses
130.40 - Criminal Sexual Act in the Third Degree.
Universal Citation: NY Penal L § 130.40 (2020)
§ 130.40 Criminal sexual act in the third degree.A person is guilty of criminal sexual act in the third degree when:
1. He or she engages in oral sexual conduct or anal sexual conduct with a person who is incapable of consent by reason of some factor other than being less than seventeen years old;
2. Being twenty-one years old or more, he or she engages in oral sexual conduct or anal sexual conduct with a person less than seventeen years old; or
3. He or she engages in oral sexual conduct or anal sexual conduct with another person without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent.
Criminal sexual act in the third degree is a class E felony.
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