Under New York Penal Law, it is illegal for an adult of age 18 or older to have any kind of sexual contact with a person under 17 years of age, regardless of whether the encounter was consensual. Generally speaking, there are three different offenses a person accused of sexually abusing a minor may be charged with under New York Penal Law, all of which have various degrees of severity.
Under NYPL §§130.55 through 130.65, any sexual contact with a minor can be considered criminal sexual abuse. Third-degree and second-degree sexual abuse are misdemeanor offenses, while first-degree sexual abuse—sexual contact with a minor under 11, or with a minor under 13 if the perpetrator is over 21—is a class D felony.
A criminal sexual act entails oral or anal sexual contact with a minor, as per NYPL §§130.40 through 130.50. Depending on the ages of the alleged victim and the alleged perpetrator, this offense could be classified as anywhere from a Class E felony to a Class B felony.
Finally, there are three degrees of rape defined in NYPL §§130.25 through 130.35, all of which are felony offenses. First-degree rape of a child under 11—or a child under 13 if the perpetrator is an adult—carries a prison sentence of five to 25 years upon conviction.
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