New York Statutory Rape Laws

New York law makes it illegal for someone to have consensual sex with a minor younger than 17. Violators of this law commit statutory rape. Statutory rape laws are premised on the assumption that minors are incapable of giving informed consent to sexual activities. Their incapacity is written into the statute—hence the term, "statutory" rape.

Like many other states, there's no "statutory rape" law in New York. Rather, these offenses are charged as sex offenses, including rape, depending on the sexual act and age of the parties.

What Is the Age of Consent in New York?

The age of consent for sexual relations in New York is 17 years old, meaning until a person turns 17, they cannot legally consent to sexual activity. A person who has consensual sexual activity with someone younger than 17 can still be charged with a sex crime.

Defendants also can't claim that they had no reason to know their partner was underage. They may argue the child said they were of age, and that a reasonable person would have believed it. But even if this is true, a defendant cannot rely on a mistake of age—even a reasonable one—to avoid conviction. Mistake of age is not a defense in New York.

New York's Crimes and Penalties for Statutory Rape

A person who commits statutory rape can face charges for rape, sexual abuse, or sexual misconduct. Penalties depend on the ages of the defendant and victim and the sexual conduct that occurred, as described below. Offenses considered "violent felony offenses" carry enhanced penalties of mandatory minimum sentences.

Rape Crimes and Penalties

The crime of rape involves any form of vagina, oral, or anal sexual contact with another person by forcible compulsion or when the victim is incapable of consent because they are physically helpless or younger than a certain age. Sexual contact means sexual touching, either directly or through clothing, for the purpose of gratifying a person's sexual desires. For statutory rape (unable to consent due to age), the following penalties apply.

First-degree rape. First-degree rape charges apply when the (1) victim is younger than 11 or (2) the victim is younger than 13 and the offender is 18 or older. Such an offense constitutes a Class B felony, which carries a penalty of up to 25 years in prison. Because rape in the first degree is considered a violent felony offense, a guilty defendant faces a minimum of five years in prison.

Second-degree rape. This offense level includes vaginal, oral, or anal sexual contact between parties who are more than four years apart in age and the defendant is at least 18 years old and a minor is younger than 15. An example would be a 19-year-old and a 14-year-old. This offense is a Class D felony, and a conviction can result in up to seven years in prison. Because rape in the second degree is considered a violent felony offense, a guilty defendant faces a minimum of three years' imprisonment.

Third-degree rape. Third-degree rape charges apply when the defendant is 21 or older and engages in vaginal, oral, or anal sexual contact with someone younger than 17 years old, such as a 21-year-old and a 16-year-old. This offense is a Class E felony, which is punishable by up to four years in prison.

Sexual Abuse Crimes and Penalties

Sexual abuse crimes include sexual contact or touching, even over clothing, in an arousing or sexually gratifying way. For sexual abuse based on age, the offense levels are as follows.

First-degree sexual abuse. A person commits first-degree sexual abuse when the (1) victim is younger than 11 or (2) the victim is 11 or 12 years old and the offender is 21 or older. Such an offense is a Class D felony, which is punishable by up to seven years in prison. Because sexual abuse in the first degree is considered a violent felony offense, a guilty defendant faces a minimum of two years' incarceration.

Second-degree sexual abuse. A defendant is guilty of second-degree sexual abuse when the victim is younger than 14 years old. Second-degree sexual abuse constitutes a Class A misdemeanor and subjects a guilty defendant to up to 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 offense is a Class B misdemeanor, which can result in up to three months in jail.

Sexual Misconduct Crimes and Penalties

Sexual misconduct charges generally apply to consensual sexual activity (vaginal, oral, or anal sexual contact) with a person younger than 17 and the parties are close in age (basically, they're not within the age ranges applicable to rape acts). For instance, a prosecutor could charge the following individuals with sexual misconduct:

• a victim is 15, 16, or 17 years old and the defendant is younger than 21 (for example, a 16- and 18-year old), or
• a victim is 11 to 15 years of age and the defendant (a minor) is less than four years older (for example, a 15- and 17-year old).

Sexual misconduct constitutes a class A misdemeanor, which carries penalties of up to 364 days in jail.

Does New York Have a Romeo-and-Juliet Law?

Named after Shakespeare's young lovers, "Romeo and Juliet" laws are intended to prevent serious criminal charges against teenagers who engage in consensual sex with others close to their own age.

New York doesn't have a Romeo and Juliet exception for consensual sex between minors or those close in age. However, as seen above, state laws take into account the parties ages when doling out punishments. For instance, third-degree sexual abuse is a low-level misdemeanor and involves a minor who is 15 or 16 and someone who is less than five years older than the minor. The same is true for consensual sex between a minor who is 11, 12, 13, or 14 years old and a defendant who is younger than 17.

For these close-in-age relationships, although the parties are protected from felony prosecution, they may nonetheless be charged with a misdemeanor, as outlined above. Sexual activity with a person younger than 11, however, always constitutes a felony, and a conviction can result in up to 25 years in prison, depending on the facts of the case.

Is Sex Offender Registration Required for Statutory Rape in New York?

The Sex Offender Registration Act requires, in addition to the applicable fines and incarceration time, people convicted of certain sexual crimes (including statutory rape) to register as sex offenders. Depending on the level of offense, registration lasts from 20 years to life. Failure to register can result in additional felony charges.

Juveniles who have been adjudicated as youthful offenders or juvenile delinquents have no requirement to register. However, a juvenile tried and convicted as an adult of a sex crime must register.

Getting Legal Help

Laws can change at any time. If you are facing a statutory rape charge, contact an experienced criminal defense attorney or ask for a public defender. Numerous defenses may apply to statutory rape charges, and a qualified lawyer can evaluate the strength of the prosecution's case against you and help develop any defenses that might apply to your case.

(N.Y. Penal Law §§ 70.00, 70.02, 70.15, 70.80, 130.00, 130.05, 130.20, 130.25, 130.30, 130.35, 130.55, 130.60, 130.65; N.Y. Correct. Law §§ 168 to 168-t (2025).)