N.Y. Penal Law § 130.25

§ 130.25 Rape in the third degree.\n A person is guilty of rape in the third degree when:\n 1. He or she engages in vaginal sexual contact with another person who\nis incapable of consent by reason of some factor other than being less\nthan seventeen years old;\n 2. He or she engages in oral sexual contact with another person who is\nincapable of consent by reason of some factor other than being less than\nseventeen years old;\n 3. He or she engages in anal sexual contact with another person who is\nincapable of consent by reason of some other factor other than being\nless than seventeen years old;\n 4. Being twenty-one years old or more, he or she engages in vaginal\nsexual contact with another person less than seventeen years old;\n 5. Being twenty-one years old or more, he or she engages in oral\nsexual contact with another person less than seventeen years old;\n 6. Being twenty-one years old or more, he or she engages in anal\nsexual contact with another person less than seventeen years old;\n 7. He or she engages in vaginal sexual contact with another person\nwithout such person's consent where such lack of consent is by reason of\nsome factor other than incapacity to consent;\n 8. He or she engages in oral sexual contact with another person\nwithout such person's consent where such lack of consent is by reason of\nsome factor other than incapacity to consent; or\n 9. He or she engages in anal sexual contact with another person\nwithout such person's consent where such lack of consent is by reason of\nsome factor other than the incapacity to consent.\n Rape in the third degree is a class E felony.\n