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NY Penal Law § 13025 Rape in the Third Degree

June 23, 2020 Federal Criminal Attorneys

NY Penal Law § 130.25: Rape in the Third Degree

You have committed the sex crime of rape in the third degree under the New York Penal Code section 130.25 if you act in any of the following ways:


Conduct sexual intercourse with someone who was not capable of consenting to it,

Are 21 years old or older and you engage in sexual intercourse with a person who is under the age of 17, or

Conduct sexual intercourse with a person without that person’s consent


Absense of consent signifies that the sexual act was forced. Even if the other individual seems like they consented, if under the law that individual lacks the capacity to consent, then consent cannot be established and you could find yourself under prosecution for rape in the third degree. The victim ais said to be incapable of consenting if he or she is under 17 years old, suffers from a mental illness, suffers from a mental incapacity, or is physically disabled.


For Example

A 30 year old man meets a 16 year old girl at a party. Later that evening the two engage in sexual conduct. They continue a dating relationship and engage in sexual intercourse frequently over a period of time. Even if the man never physically forced the girl to have sex with him, he is still in commission of the crime of rape in the third degree due to the age of the girl – under 17 years old.  Therefore, she lacked the legal capacity to consent to sex.


Offenses that are Related

Sexual misconduct: New York Penal Code section 130.20

Criminal sexual act in the third degree: New York Penal Code section 130.40


Possible Defenses

Because lack of consent is a key element for a charge of rape in the third degree or any sex crime, it will be paramount that the prosecutor demonstrates that you did not have consent to have sex with the other inddividual. If the existence of consent can be proven, you cannot be convicted of rape in the third degree.


the statute of limitations can be the basis of another defense. The statue of limitations speaks of  the length of time that a prosecutor has to bring criminal charges against an indifidual. The statute of limitations connected to the charge of rape in the third degree is five years. In other words, if you are not prosecuted for the rape in the third degree within five years of the date the incident allegedly took place, you cannot ever be prosecuted for it. Nevertheless, if the person who accuses you of rape in the third degree was under 18 years old at the time of the occurence, the limitations period does not start running until he or she turns 18 or until the incident is reported to law enforcement.


The Sentence

In the vent that you are convicted of rape in the third degree, the maximum prison sentence the judge can give you is four years. For f first tme offenders, judges sometimes give significantly lighter sentence depending upon the facts of the case and your personal history. If the sentence includes probation, the mandatory probation term is 10 years bedcahse rape in the third degree is both a felony and a sex crime. You would also be obligated to register as a sex offender under the New York Sex Offender Registration Act (SORA).



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