It is not meant to punish individuals who are close in age for engaging in consensual, non-exploitative sexual conduct. The close-in-age exception applies in New York in the older person is less than four years older than the minor and the minor. In New York, if you are 21 years old or older and have sex with someone under 17 years old and the close in age exception does not apply, then that can be considered a criminal sexual act in the third degree which is a class E felony. A class E felony prison sentence is a minimum of 3 years and a maximum of 4 years.
Ages of consent in the United States
It is considered rape in the second degree if someone older than 18 years old has sex with someone under 15 years old. Rape in the second degree is a class D felony and carries a prison sentence up to 7 years.
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If you are older than 18 years and the minor was less than 13 years old, that is considered rape in the first degree and is a class B felony, which has a prison sentence that can range from years. If you have been accused of statutory rape you should speak with a lawyer immediately.
A qualified New York criminal lawyer experienced with criminal defense will be able to advise you of your rights, help you with a defense, and advise you as to what options may be open to you. Can't find your category?
New York Age of Consent Lawyers | LegalMatch Law Library
Speeding and Moving Violations. New York statutory rape law is violated when a person has consensual sexual intercourse with an individual under age under age 17, who they are not married to. Punishment varies depending on the age of the offender. There is no defense based around lack of knowledge of the victim's age. New York does not have a close-in-age exemption. Close in age exemptions , commonly known as "Romeo and Juliet laws", are put in place to prevent the prosecution of individuals who engage in consensual sexual activity when both participants are significantly close in age to each other, and one or both partners are below the age of consent.
Because there is no such "Romeo and Juliet law" in New York, it is possible for two individuals both under the age of 17 who willingly engage in intercourse to both be prosecuted for statutory rape , although this is rare. Similarly, no protections are reserved for sexual relations in which one participant is a 16 year old and the second is a 17 or 18 year old.
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The Age of Consent ranges state-by-state from 16 to 18 years old across the United States. Click the map to view any state's age of consent laws.
New York has fifteen statutory sexual abuse charges on the books which are used to prosecute age of consent and child abuse related crimes within the state. One or more of these charges may be used to prosecute violations of the New York Age of Consent, as statutory rape or the New York equivalent of that charge.
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The severity of the criminal charge felony, misdemeanor, etc depends on the specifics of the acts committed and the relative ages of the perpetrator and victim. Click any charge for more detailed information. Back to list of state ages of consent View international ages of consent.