N.Y. Penal Law § 130.35

§ 130.35 Rape in the first degree.\n A person is guilty of rape in the first degree when:\n 1. he or she engages in vaginal sexual contact with another person:\n (a) By forcible compulsion; or\n (b) Who is incapable of consent by reason of being physically\nhelpless; or\n (c) Who is less than eleven years old; or\n (d) Who is less than thirteen years old and the actor is eighteen\nyears old or more;\n 2. he or she engages in oral sexual contact with another person:\n (a) By forcible compulsion; or\n (b) Who is incapable of consent by reason of being physically\nhelpless; or\n (c) Who is less than eleven years old; or\n (d) Who is less than thirteen years old and the actor is eighteen\nyears old or more; or\n 3. he or she engages in anal sexual contact with another person:\n (a) By forcible compulsion; or\n (b) Who is incapable of consent by reason of being physically\nhelpless; or\n (c) Who is less than eleven years old; or\n (d) Who is less than thirteen years old and the actor is eighteen\nyears old or more.\n Rape in the first degree is a class B felony.\n