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CJI2d[NY] PENAL LAW ARTICLE 130


Sex Offenses


Table of Contents

Effective September 1, 2024, the term "sexual intercourse" and its definition was repealed; the term and definition of "vaginal sexual contact" was substituted; the terms anal and oral "conduct" were renamed anal and oral "contact"; the statutes defining the crimes of "criminal sexual act" were repealed and the content of those repealed statutes was placed in the statutes defining "rape."

The instructions for the amended Penal Law article 130 [Sex Offenses] statutes have been updated accordingly, effective September 1, 2024, and are listed below.

For the convenience of the user, all of the Penal Law article 130 files that were, or were not, amended are listed below.

For easy recognition of the amended instructions, their listing below is in italics and the "pdf" option is in lowercase

For the instructions below that were not amended, their effective date is listed on the instruction document.

For an instruction applicable to a statute that was amended but continues to apply to the commission of an offense prior to September 1, 2024, select here.

 

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OFFENSE DESCRIPTION

 

PENAL LAW

(Word)

 

 

(pdf)

SEXUAL MISCONDUCT Vaginal contact: forcible compulsion pdf
Vaginal contact: incapacity to consent pdf
Oral contact: forcible compulsion
Oral contact: incapacity to consent
Anal contact: forcible compulsion pdf
Anal contact: incapacity to consent pdf
Sex with animal or dead human body. No charge prepared.
130.20(4)
 
 
RAPE 3 Vaginal contact: incapacity to consent pdf
Oral contact: incapacity to consent pdf
Anal contact: incapacity to consent pdf
Vaginal contact: defendant 21>; complainant <17 pdf
Oral contact: defendant 21 >; complainant <17 pdf
Anal contact: defendant 21>; complainant <17 pdf
Vaginal contact: totality of circumstances pdf
Oral contact: totality of circumstances pdf
Anal contact: totality of circumstances pdf
RAPE 2 Vaginal contact: defendant 18>; complainant <15
Oral contact: defendant 18>; complainant <15
Anal contact: defendant 18>; complainant <15
Vaginal contact: mentally disabled or incapacitated
Oral contact: mentally disabled or incapacitated
Anal contact: mentally disabled or incapacitated
 
RAPE 1 Vaginal contact: forcible compulsion pdf
Vaginal contact: physical helplessness pdf
Vaginal contact: complainant <11 pdf
Vaginal contact: complainant <13; defendant 18> pdf
Oral contact: forcible compulsion pdf
Oral contact: physical helplessness pdf
Oral contact: complainant <11 pdf
Oral contact: complainant <13; defendant 18> pdf
Anal contact: forcible compulsion pdf
Anal contact: physical helplessness pdf
Anal contact: complainant < 11 pdf
Anal contact: complainant < 13; defendant 18 > pdf
 
FORCIBLE TOUCHING Anywhere PDF
FORCIBLE TOUCHING On a Bus, Train, or Subway PDF
 
PERSISTENT SEXUAL ABUSE Multiple sex offender
       
SEXUAL ABUSE 3 Forcible Compulsion PDF
Incapacity to Consent PDF
No Acquiescence PDF
 
SEXUAL ABUSE 2 Incapacity to Consent Not by Age PDF
Complainant < 14 PDF
 
SEXUAL ABUSE 1 Forcible Compulsion PDF
Physical Helplessness PDF
Complainant < 11 PDF
Complainant < 13; Defendant 21 > PDF
 
AGGRAVATED SEXUAL ABUSE 4 Foreign Object; Incapacity to Consent Not by Age PDF
Finger; Incapacity to Consent Not by Age PDF
 
AGGRAVATED SEXUAL ABUSE 3 Foreign Object or Finger; Forcible Compulsion PDF
Foreign Object; or Finger; Physically Helpless PDF
Foreign Object; or Finger; Complainant < 11 PDF
Foreign ObjeCt; or Finger; Complainant <13 defendant > 18 130.66(1)(d) PDF
Foreign Object; Incapacity to Consent PDF
 
AGGRAVATED SEXUAL ABUSE 2 Finger; Forcible Compulsion PDF
Finger; Complainant Physically Helpless PDF
Finger; Complainant < 11 PDF
 
AGGRAVATED SEXUAL ABUSE 1 Foreign Object; Forcible Compulsion PDF
Foreign Object; Physical Helplessness PDF
Foreign Object; Complainant < 11 PDF
 
COURSE OF SEXUAL CONDUCT AGAINST CHILD 1

Child < 11; two or more acts of sexual conduct, which includes at least one act of vaginal sexual contact, oral or anal sexual contact or aggravated sexual contact.

pdf
Defendant > 18; Child < 13; two or more acts of sexual conduct, which includes at least one act of vaginal sexual contact, oral or anal sexual contact or aggravated sexual contact. pdf
 
COURSE OF SEXUAL CONDUCT AGAINST CHILD 2 Child < 11; two or more acts of "sexual conduct" pdf
Defendant > 18; Child < 13; two or more acts of "sexual conduct" pdf
 
FEMALE GENITAL MUTILATION - PDF
- PDF
 
SEXUALLY MOTIVATED FELONY - PDF
 
PREDATORY SEXUAL ASSAULT Serious phyical injury pdf
Dangerous Instrument pdf
  More than one victim pdf
  Previous conviction pdf
       

PREDATORY SEXUAL ASSAULT AGAINST CHILD

Defendant >18; CW <13 pdf
 
 

ADDITIONAL CHARGES

 

 
AFFIRMATIVE DEFENSES
Any 130 prosecution
Where the victim's lack of consent is based solely upon his or her incapacity to consent because he or she was mentally disabled, mentally incapacitated or physically helpless, it is an affirmative defense that the defendant, at the time he or she engaged in the conduct constituting the offense, did not know of the facts or conditions responsible for such incapacity to consent.
PDF
       

Rape 3,

Agg Sexual Abuse 4,

Sexual Abuse 3

where incapacity to consent is based on the circumstances set forth in PL 130.05 (3)(h)

It is an affirmative defense that the client or patient consented to such conduct charged after having been expressly advised by the health care or mental health care provider that such conduct was not performed for a valid medical purpose.

Note: Effective Sept 1, 2024, "criminal sexual act in the third degree" was delete from Penal Law 130.10(3).

PDF
       
 
CORROBORATION 
   
 
Corroboration
CW sole witness and lack of consent becaue of mental defect or mental incapacity
pdf
       
 
Former Article 130 charges
   
  For charges applicable to Penal Law article 130 as it existed on or after the date specified in the charge and prior to February 1, 2001 select here.    
       
  For charges applicable to Penal Law article 130 as it existed on or after February 1, 2001 and prior to November 1, 2003 select here.    
       
  For charges applicable to Penal Law article 130 as it existed on or after November 1, 2003 and prior to September 1, 2024 select here.