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NY Penal Law § 13035 Rape in the First Degree

June 23, 2020 Federal Criminal Attorneys

NY Penal Law § 130.35: Rape in the First Degree

Of the three rape charges coveredin the New York Penal Code rape in the first degree, a class B felony, is the most serious. You will be charged with rape in the first degree under New York Penal Code section 130.35 if you engage in any of the following acts:


Conduct sexual intercourse with an individual by forcible compulsion

Conduct sexual intercourse with an individual person who is physically helpless

Conduct sexual intercourse with an individual person who is younger than 11 years old

Conduct  sexual intercourse with a child who is younger than 13 years old and you are at least 18 years old.


Two Examples

A man puts a knife to the neck of a woman and demands that she take off her clothes. He then forces her to engage in sexual intercourse with him. This man could be prosecuted for rape in the first degree based on lack of consent, because by using the knife, he coerced the woman by threatening her with immediate physical harm or death.


at a party, a man meets a woman. Together, they drink alcohol and smoke marijuana. At some point the woman passes out. The man then has sexual intercourse with her while she is unconscious. The man could face charges of rape in the first degree since the woman was physically helpless when he had sexual intercourse withher.


Offenses that are Related

Aggravated sexual abuse in the first degree: New York Penal Code section 130.70

Criminal sexual act in the first degree: New York Penal Code section 130.50

Sexual abuse in the first degree: New York Penal Code section 130.65

Course of sexual conduct against a child in the first degree: New York Penal Code section 130.75


Possible Defense

Because the lack of consent is as critical an element to a rape charge as it is to all the sex crimes, an important defense is to prove that there was consent to the sexual intercourse.



Incarceration. The maximum sentence for a rape in the first degree conviction is 25 years in prison because pursuant to New York Penal Code section 130.35, it is a class B felony. Rape in the first degree is additionally classified as a violent felony offense. What this means is that if convicted, you would face a mandatory minimum sentence of 5 years behind bars.


Probation. A 10 year probation term may be part of your sentence as well. For the duration of your term of probation you will be obligated to follow a set of strict rules, including regularly reporting to your probation officer.


Registration as a Sex Offender. You will also be obligated to register as a sex offender under New York Correction Law section 168, also referred to as the Sex Offender Registration Act (SORA). You will be required to follow the registration rules for a minimum of 20 years, and possibly for the rest of your life.



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