N.Y. Penal Law § 130.65-a

§ 130.65-a Aggravated sexual abuse in the fourth degree.\n 1. A person is guilty of aggravated sexual abuse in the fourth degree\nwhen:\n (a) He or she inserts a foreign object in the vagina, urethra, penis,\nrectum or anus of another person and the other person is incapable of\nconsent by reason of some factor other than being less than seventeen\nyears old; or\n (b) He or she inserts a finger in the vagina, urethra, penis, rectum\nor anus of another person causing physical injury to such person and\nsuch person is incapable of consent by reason of some factor other than\nbeing less than seventeen years old.\n 2. Conduct performed for a valid medical purpose does not violate the\nprovisions of this section.\n Aggravated sexual abuse in the fourth degree is a class E felony.\n