Rape- second degree - New York Sexual Assault Laws

In New York, the criminal charge of Rape- second degree is classified as a Statutory Class D felony.

Rape- second degree Crime & Punishment in New York :

The New York code § 130.30 defines one degrees of the crime rape- second degree, each with associated punishments. The degree of the crime depends on the specifics of the crime committed, with higher degrees of the charge generally receiving harsher punishments.

Severity Rape- second degree - Charge Description Punishment
Class D felony
  • A person commits rape in the second degree when the offender engages in sexual intercourse with a person who is incapable of consent because he or she is mentally disabled or mentally incapacitated
  • A person commits rape in the second degree when the offender is 18 years or older and engages in sexual intercourse with another person who is less than 15 years old
A maximum of 7 years in jail

New York law allows rape- second degree to be enforced as a statutory charge. This means that this charge can be applied to cases in which the victim is younger than the New York Age of Consent, even if the victim willingly engages in sexual relations with the defendant.

Rape- second degree defined in other states :

Rape- second degree is a charge in a total of nine other state(s). The exact definition, charge type, and potential sentencing of this charge varying state to state. For further details please refer to the state page.

State Charge Type(s) Punishment(s)
Alabama Class B felony No less than two years and no more than 20 years.
Delaware Class B felony 10 years minimum sentence
Kentucky Class C felony 5-10 years in prison
Maryland Felony 20 years maximum sentence
North Carolina Class C felony 44 to 182 months
Oklahoma Felony Imprisonment for a minimum of 1 year and a maximum of 15 years.
Oregon Class B felony Up to 10 years; $200,000 fine
South Dakota Class 1 felony A maximum of 50 years in prison and a maximum of $50,000 in fines
Washington Class A felony Maximum of life in prison, and/or a fine of $50,000

Back to list of New York laws

** This Document Provided By AgeOfConsent.net **
Source: http://www.ageofconsent.net/laws/new-york/rape-second-degree