In the state of New York, statutory rape can be charged as a number of different sex crimes if the victim is a minor who is under the age of 17, even if it is consensual. Any person who engages in sexual activity with a minor who is younger than 17 can be charged with a sex crime.
Statutory rape is a strict liability crime for the reason that the perpetrator is not required to know that the victim was underage to be convicted. A strict liability crime, such as statutory rape, does not require any intent, or even knowledge, on the part of the perpetrator.
There is no crime of statutory rape defined in New York law. Rather, a person who commits statutory rape can be charged with rape, criminal sexual acts, sexual abuse, or sexual misconduct, depending on the particular facts of each case.
If a person is convicted, the punishment then depends on the ages of the perpetrator and the victim and the sexual conduct that occurred. The crimes that are charged are described as follows:
- Rape Crimes: The crime of rape is perpetrated when there is sexual intercourse, i.e., penetration, however slight, by one person or another by forcible compulsion or when the victim cannot consent because they are physically helpless or younger than 17. If a perpetrator is convicted of statutory rape, the following punishments are possible:
- First-degree Rape: First-degree rape is charged when the victim is under the age of 11 or if the victim is under 13 and the perpetrator is 18 or older. First-degree rape is a Class B felony. The punishment is a term of imprisonment for a maximum of 25 years;
- Second-degree Rape: The crime of second-degree rape involves sexual intercourse between a perpetrator and a victim who are more than 4 years apart in age. In addition, the perpetrator must be at least 18 years old and the minor victim younger than 15. Second-degree rape is a Class D felony. A conviction can lead to a sentence of a maximum of 7 years in prison;
- Third-degree Rape: Third-degree rape can be charged when a perpetrator who is 21 or older has sex with a victim who is younger than 17 years old. This crime is a Class E felony, punishable by a maximum of 4 years in prison;
- Criminal Sexual Act: This crime involves oral or anal sexual contact rather than sexual intercourse. The following penalties apply when the victim cannot consent because of their age:
- First-degree Criminal Sexual Act: In a case charged as a first-degree criminal sexual act, either the victim is younger than 11 or the victim is 11, or 12 years old, and the perpetrator is 18 or older. This crime is a Class B felony. If convicted, a perpetrator can be sentenced to a maximum of 25 years in prison;
- Second-degree Criminal Sexual Act: A perpetrator is guilty of a second-degree criminal sexual act, a class D felony, if they engage in oral or anal sexual contact with a victim who is under the age of 15 and the perpetrator is 18 or older. If convicted, the perpetrator can be sentenced to a maximum of 7 years in prison;
- Third-degree Criminal Sexual Act: A prosecutor can charge the crime of third-degree criminal sexual act in a case that involves a perpetrator who is 21 or older and engages in oral or anal sexual conduct with a victim who is under the age of 17. This crime is classified as a Class E felony, and the punishment is a maximum of 4 years in prison;
- Sexual Abuse: Sexual abuse crimes involve sexual contact or touching, even over clothing, in a manner that is arousing or sexually gratifying. For sexual abuse based on the age of the victim, the levels of the offense are as follows.
- First-degree Sexual Abuse. A person commits first-degree sexual abuse when the victim is under the age of 11 or the victim is 11 or 12 years old, and the perpetrator is 21 or older. The crime of first-degree sexual abuse is a Class D felony, punishable by up to 7 years in prison;
- Second-degree Sexual Abuse. A perpetrator can be charged with second-degree sexual abuse when the victim is under the age of 14. Second-degree sexual abuse is categorized as a Class A misdemeanor. The punishment is a maximum of 364 days in jail;
- Third-degree Sexual Abuse: Third-degree sexual abuse includes sexual contact between a minor who is 15 or 16 years old and a defendant who is less than five years older than the victim (for instance, a 16-year-old and 19-year-old). This crime is a Class B misdemeanor. Conviction is punishable by up to 3 months in jail;
- Sexual Misconduct: Sexual misconduct, a class A misdemeanor in New York state, can be charged when a perpetrator engages in consensual sexual activity with a victim who is under the age of 17 and the perpetrator and the victim are close in age. For example, a prosecutor could charge the following perpetrators with the crime of sexual misconduct:
- The victim is 15, 16, or 17 years old, and the perpetrator is under the age of 21;
- The victim is 11 to 15 years old, and the perpetrator is a minor who is less than 4 years older than the victim.
The punishment is a term of imprisonment for a maximum of 364 days in jail.
