N.Y. Penal Law § 130.66

§ 130.66 Aggravated sexual abuse in the third degree.\n 1. A person is guilty of aggravated sexual abuse in the third degree\nwhen he or she inserts a foreign object or a finger in the vagina,\nurethra, penis, rectum or anus of another person:\n (a) By forcible compulsion; or\n (b) When the other person is incapable of consent by reason of being\nphysically helpless;\n (c) When the other person is less than eleven years old; or\n (d) When the other person is less than thirteen years old and the\nactor is eighteen years of age or older.\n 2. A person is guilty of aggravated sexual abuse in the third degree\nwhen he or she inserts a foreign object in the vagina, urethra, penis,\nrectum or anus of another person causing physical injury to such person\nand such person is incapable of consent by reason of being mentally\ndisabled or mentally incapacitated.\n 3. Conduct performed for a valid medical purpose does not violate the\nprovisions of this section.\n Aggravated sexual abuse in the third degree is a class D felony.\n