Age of Consent in New York

It is important to understand the current legal age of consent in New York. In 2017, New York raised the age of consent to be married in New York from 14 years of age to 17 years of age with parental or judicial consent. Then, in July of 2021, New York once again raised the age of consent to be married in New York, but this time from 17 years of age to 18 years of age. As such, in order to be issued a marriage license and be married in the state of New York, both parties must be at least 18 years of age.

As far as the legal age of consent in New York to consent for participation in sexual activity, the legal age of consent for sex is 17 years old. Importantly, this age requirement for consent applies regardless of an individual’s sex and sexual identity.

It is also important to note that there are other states that have allowances and exceptions to the age of consent for sexual activity for minors who are below the age of consent but are still close to the same age. This “close-in-age exception” exists because statutory rape laws are meant to prevent minors from being sexually exploited by adults and not to prevent sexual activities between minors altogether. As such, statutory rape laws are not meant to punish individuals who are close in age for engaging in consensual, non-exploitative sexual conduct.

However, the state of New York does not have a close-in-age exemption. As such, there is no “Romeo and Juliet law” in New York. This means that it is possible for two individuals, both under the age of 17, who consensually and willingly engage in sexual activities to be prosecuted for statutory rape. However, prosecution for consensual underage sexual activities between minors is rare. Similar to consensual sexual activity for underage minors, no legal protections are reserved for sexual relationships in which one participant is a 16-year-old, and the other participant is a 17 or 18-year-old.

What Are the Penalties for Having Sex With Someone Underage?

Once again, New York has statutory rape laws, which serve to criminally punish individuals for the sexual exploitation of minors. In general, all forms and degrees of statutory rape in the state of New York are punishable as a felony. However, the exact criminal penalties and charges will depend on certain factors.

The list below is a summary of the statutory rape charges an individual may face in New York:

• Class B Felony: An individual may be charged with a Class B Felony in New York if they are guilty of rape in the first degree. In New York, an individual is guilty of rape in the first degree when they engage in sexual intercourse with another person:
  • By forcible compulsion;
  • With an individual who is incapable of consent by reason of being physically helpless;
  • With an individual who is less than eleven years old;
  • With an individual who is less than thirteen years old and the actor is eighteen years old or more;
• Class D Felony: An individual may be charged with a Class D Felony in New York if they are guilty of rape in the second degree. In New York, an individual is guilty of rape in the third degree when:
  • Being eighteen years old or more, the person engages in sexual intercourse with another person less than fifteen years old;
  • The person engages in sexual intercourse with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated;
• Class E Felony: A person may be charged with a Class E Felony in New York if they are guilty of rape in the third degree. In New York, an individual is guilty of rape in the third degree when:
  • They engage in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than seventeen years old;
  • Being twenty-one years old or more, the person engages in sexual intercourse with another person less than seventeen years old;
  • The person engages in sexual intercourse with another person without such person’s consent where such lack of consent is by reason of some factor other than incapacity to consent.

As far as criminal punishments, for individuals charged and convicted of a class E felony, criminal penalties may include a prison sentence of a minimum of 3 years and a maximum of 4 years. An individual that is charged and convicted of rape in the second degree is a class D felony and carries a prison sentence of a minimum of 7 years.

Finally, an individual charged and convicted of rape in the first degree, meaning a class B felony, will carry a prison sentence that can range from 10 to 25 years in prison.

Are There Any Defenses to a Violation?

In short, yes, there are a few legal defenses that are applicable regarding the age of consent in New York. The best legal defense against a violation of the age of consent laws is false allegations. In order to assert a false allegations charge, the individual raising the affirmative defense must provide evidence that the allegations being made against them are false.

Another legal defense that is available to a violation of the age of consent laws is asserting a solid defense to the charges being brought against the individual. This is more of a technical defense as it involves attacking the criminal elements of the crime that the individual is being charged with.

In other words, the prosecutor has the burden of proving their case beyond a reasonable doubt, which means if the defendant can present a case that does not allow the prosecutor to meet their burden, then the case against them must be dismissed.

Do I Need a Criminal Lawyer?

As can be seen, violations of New York’s age of consent, especially in cases involving a statutory rape charge, may result in severe criminal penalties. As such, If you have been accused of statutory rape, it is important to immediately consult with an experienced New York criminal lawyer.

An experienced criminal defense attorney will be able to advise you of your legal rights, as well as help you build a solid legal defense. An attorney will also be able to assert any legal defense that may be applicable to your specific case. Finally, an attorney will be able to represent you at any in-person criminal proceeding.