§ 130.35 Rape in the first degree.
A person is guilty of rape in the first degree when he or she engages
in sexual intercourse with another person:
- By forcible compulsion; or
- Who is incapable of consent by reason of being physically helpless;
or - Who is less than eleven years old; or
- Who is less than thirteen years old and the actor is eighteen years
old or more.Rape in the first degree is a class B felony.
Rape 1st Degree Penalties
- 5 to 25 years prison
- 5 to 20 years post-release supervision
- Fine up to $5,000, Surcharge up to $300, crime victim assistance fee of $25 unless restitution or reparation has been made, a $50 DNA fee, and a $50 sex offender registration fee, and a $1,000 supplemental sex offender victim fee.
- Sex offender registration (SORA).
- For details, see PL 60.05(7) and 80.00 PL 60.35(1)(a)(i); PL 60.35(6), 995(7); Penal Law 60.35(1)(a)(v), Executive Law 995-c(3), PL 60.35(1)(a)(iv), PL 60.35(1)(b). See correction law 168. 60.35(1)(b). 70.80 70.02, 70.04, 70.06, 70.08 70.07 70.10 PL 265.20(a)(5) and CorrL 701(2)
