CJI2d[NY] FORMER CHARGES
PENAL LAW FORMER ARTICLE 130
Sex Offenses
NOTICE:
The provisions of Penal Law article 130 underwent significant amendments in 2001 and 2003.
Listed below are the charges applicable to Penal Law article 130 as it existed on or after February 1, 2001 and
prior to November 1, 2003.
| OFFENSE | PENAL LAW | DESCRIPTION | WPD | |
|---|---|---|---|---|
| SEXUAL MISCONDUCT | 130.20(1) | Sexual Intercourse; Forcible Compulsion | WP | |
| 130.20(1) | Sexual Intercourse; Incapacity to Consent | WP | ||
| 130.20(2) | Deviate Sexual Intercourse; Forcible Compulsion | WP | ||
| 130.20(2) | Deviate Sexual Intercourse; Incapacity to Consent | WP | ||
| 130.20(3) | No charge Prepared | |||
| RAPE 3 | 130.25(1) | Incapacity to Consent Other than Age, Mental Disability or Incapacity, or Physical Helplessness | WP | |
| 130.25(1) | Incapacity to Consent: Mental Disability or Incapacity, or Physical Helplessness | WP | ||
| 130.25(2) | Defendant 21 or More; Complainant Less than 17 | WP | ||
| 130.25(3) | Lack of Consent - Totality of Circumstances | WP | ||
| RAPE 2 | 130.30(1) | Defendant 18 or More; Complainant Less than 15 | WP | |
| 130.30(2) | Incapable of Consent - Mentally Disabled or Incapacitated | WP | ||
| RAPE 1 | 130.35(1) | Forcible Compulsion | WP | |
| 130.35(2) | Physical Helplessness | WP | ||
| 130.35(3) | Complainant Less Than 11 | WP | ||
| 130.35(4) | Complainant Less Than 13; Defendant 18 or More | WP | ||
| SODOMY 3 | 130.40(1) | Incapacity to Consent Other than Age, Mental Disability or Incapacity, or Physical Helplessness | WP | |
| 130.40(1) | Incapacity to Consent; Mental Disability or Incapacity, or Physical Helplessness | WP | ||
| 130.40(2) | Defendant 21 or More; Complainant Less than 17 | WP | ||
| 130.40(3) | Lack of Consent - Totality of Circumstances | WP | ||
| SODOMY 2 | 130.45(1) | Defendant 18 or More; Complainant Less than 15 | WP | |
| 130.45(2) | Incapable of Consent - Mentally Disabled or Incapacitated | WP | ||
| SODOMY 1 | 130.50(1) | Forcible Compulsion | WP | |
| 130.50(2) | Physical Helplessness | WP | ||
| 130.50(3) | Complainant Less Than 11 | WP | ||
| 130.50(4) | Complainant Less Than 13; Defendant 18 or More | WP | ||
| FORCIBLE TOUCHING | 130.52 | - | WP | |
| PERSISTENT SEXUAL ABUSE | 130.53 | No Charge Prepared | ||
| SEXUAL ABUSE 3 | 130.55 | Forcible Compulsion | WP | |
| 130.55 | Incapacity to Consent | WP | ||
| 130.55 | No Acquiescence | WP | ||
| SEXUAL ABUSE 2 | 130.60(1) | Incapacity to Consent Other Than By Age | WP | |
| 130.60(2) | Complainant Less Than 14 | WP | ||
| SEXUAL ABUSE 1 | 130.65(1) | Forcible Compulsion | WP | |
| 130.65(2) | Physical Helplessness | WP | ||
| 130.65(3) | Complainant Less Than 11 | WP | ||
| AGGRAVATED SEXUAL ABUSE 4 | 130.65-a (1)(a) | Inserts a Foreign Object; Incapacity to Consent Other than Age | WP | |
| 130.65-a (1)(b) | Inserts a Finger; Incapacity to Consent Other than Age | WP | ||
| AGGRAVATED SEXUAL ABUSE 3 | 130.66(1)(a) | Inserts a Foreign Object; Forcible Compulsion | WP | |
| 130.66(1)(b) | Inserts a Foreign Object; Complainant Physically Helpless | WP | ||
| 130.66(1)(c) | Inserts a Foreign Object; Complainant Less Than 11 | WP | ||
| 130.66(2) | Inserts a Foreign Object; Incapacity to Consent | WP | ||
| AGGRAVATED SEXUAL ABUSE 2 | 130.67(1)(a) | Inserts a Finger; Forcible Compulsion | WP | |
| 130.67(1)(b) | Inserts a Finger; Complainant Physically Helpless | WP | ||
| 130.67(1)(c) | Inserts a Finger; Complainant Less Than 11 | WP | ||
| AGGRAVATED SEXUAL ABUSE 1 | 130.70(1)(a) | Inserts a Foreign Object; Forcible Compulsion | WP | |
| 130.70(1)(b) | Inserts a Foreign Object; Physical Helplessness | WP | ||
| 130.70(1)(c) | Inserts a Foreign Object; Complainant Less Than 11 | WP | ||
| COURSE OF SEXUAL CONDUCT AGAINST A CHILD 1 | 130.75 (1)(a) | - | WP | |
| 130.75(1)(b) | - | WP | ||
| COURSE OF SEXUAL CONDUCT AGAINST A CHILD 2 | 130.80(1)(a) | - | WP | |
| 130.80(1)(b) | - | WP | ||
| FEMALE GENITAL MUTILATION | 130.85(1)(a) | - | WP | |
| 130.85(1)(b) | - | WP | ||
| FACILITATING A SEX OFFENSE WITH A CONTROLLED SUBSTANCE [or PRESCRIPTION DRUG] | 130.90 | Forcible Compulsion | WP | |
| 130.90 | Incapacity to Consent | WP | ||
| ADDITIONAL CHARGES | ||||
| AFFIRMATIVE DEFENSE | ||||
| Lack of Knowledge of Incapacity to Consent | 130.10(1) | - | WP | |
| CORROBORATION | 130.16 | - | WP | |
