CJI2d[NY] PENAL LAW ARTICLE 130
Sex Offenses
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Effective September 1, 2024, the term "sexual intercourse" and its definition was repealed; the term and definition of "vaginal sexual contact" was substituted; the terms anal and oral "conduct" were renamed anal and oral "contact"; the statutes defining the crimes of "criminal sexual act" were repealed and the content of those repealed statutes was placed in the statutes defining "rape."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 | ||
| Vaginal contact: incapacity to consent | |||
| Oral contact: forcible compulsion | |||
| Oral contact: incapacity to consent | |||
| Anal contact: forcible compulsion | |||
| Anal contact: incapacity to consent | |||
| Sex with animal or dead human body. No charge prepared. | 130.20(4) |
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| RAPE 3 | Vaginal contact: incapacity to consent | ||
| Oral contact: incapacity to consent | |||
| Anal contact: incapacity to consent | |||
| Vaginal contact: defendant 21>; complainant <17 | |||
| Oral contact: defendant 21 >; complainant <17 | |||
| Anal contact: defendant 21>; complainant <17 | |||
| Vaginal contact: totality of circumstances | |||
| Oral contact: totality of circumstances | |||
| Anal contact: totality of circumstances | |||
| 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 incapacited | |||
| Oral contact: mentally disabled or incapacitated | |||
| Anal contact: mentally disabled or incapacitated | |||
| RAPE 1 | Vaginal contact: forcible compulsion | ||
| Vaginal contact: physical helplessness | |||
| Vaginal contact: complainant <11 | |||
| Vaginal contact: complainant <13; defendant 18> | |||
| Oral contact: forcible compulsion | |||
| Oral contact: physical helplessness | |||
| Oral contact: complainant <11 | |||
| Oral contact: complainant <13; defendant 18> | |||
| Anal contact: forcible compulsion | |||
| Anal contact: physical helplessness | |||
| Anal contact: complainant < 11 | |||
| Anal contact: complainant < 13; defendant 18 > | |||
| FORCIBLE TOUCHING | Anywhere | ||
| FORCIBLE TOUCHING | On a Bus, Train, or Subway | ||
| PERSISTENT SEXUAL ABUSE | Multiple sex offender | ||
| SEXUAL ABUSE 3 | Forcible Compulsion | ||
| Incapacity to Consent | |||
| No Acquiescence | |||
| SEXUAL ABUSE 2 | Incapacity to Consent Not by Age | ||
| Complainant < 14 | |||
| SEXUAL ABUSE 1 | Forcible Compulsion | ||
| Physical Helplessness | |||
| Complainant < 11 | |||
| Complainant < 13; Defendant 21 > | |||
| AGGRAVATED SEXUAL ABUSE 4 | Foreign Object; Incapacity to Consent Not by Age | ||
| Finger; Incapacity to Consent Not by Age | |||
| AGGRAVATED SEXUAL ABUSE 3 | Foreign Object or Finger; Forcible Compulsion | ||
| Foreign Object; or Finger; Physically Helpless | |||
| Foreign Object; or Finger; Complainant < 11 | |||
| Foreign ObjeCt; or Finger; Complainant <13 defendant > 18 | 130.66(1)(d) | ||
| Foreign Object; Incapacity to Consent | |||
| AGGRAVATED SEXUAL ABUSE 2 | Finger; Forcible Compulsion | ||
| Finger; Complainant Physically Helpless | |||
| Finger; Complainant < 11 | |||
| AGGRAVATED SEXUAL ABUSE 1 | Foreign Object; Forcible Compulsion | ||
| Foreign Object; Physical Helplessness | |||
| Foreign Object; Complainant < 11 | |||
| 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. |
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| 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. | |||
| COURSE OF SEXUAL CONDUCT AGAINST CHILD 2 | Child < 11; two or more acts of "sexual conduct" | ||
| Defendant > 18; Child < 13; two or more acts of "sexual conduct" | |||
| FEMALE GENITAL MUTILATION | - | ||
| - | |||
| SEXUALLY MOTIVATED FELONY | - | ||
| PREDATORY SEXUAL ASSAULT | Serious phyical injury | ||
| Dangerous Instrument | |||
| More than one victim | |||
| Previous conviction | |||
PREDATORY SEXUAL ASSAULT AGAINST CHILD |
Defendant >18; CW <13 | ||
ADDITIONAL CHARGES
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AFFIRMATIVE DEFENSES |
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| 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.
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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).
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CORROBORATION |
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| Corroboration | CW sole witness and lack of consent becaue of mental defect or mental incapacity |
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Former Article 130 charges |
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| 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. | |||
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