N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation / ARTICLE Sex Offenses
New York Consolidated Laws

N.Y. Penal Law § 130.30 (2026)

Rape in the second degree

✓ current as of May 2026
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§ 130.30 Rape in the second degree.
  A person is guilty of rape in the second degree when:
  1. being eighteen years old or more, he or she engages in vaginal
sexual contact with another person less than fifteen years old;
  2. being eighteen years old or more, he or she engages in oral sexual
contact with another person less than fifteen years old;
  3. being eighteen years old or more, he or she engages in anal sexual
contact with another person less than fifteen years old;
  4. he or she engages in vaginal sexual contact with another person who
is incapable of consent by reason of being mentally disabled or mentally
incapacitated;
  5. he or she engages in oral sexual contact with another person who is
incapable of consent by reason of being mentally disabled or mentally
incapacitated; or
  6. he or she engages in anal sexual contact with another person who is
incapable of consent by reason of being mentally disabled or mentally
incapacitated.
  It shall be an affirmative defense to the crime of rape in the second
degree as defined in subdivisions one, two and three of this section
that the defendant was less than four years older than the victim at the
time of the act.
  Rape in the second degree is a class D felony.
Notes of Decisions
Cited in 235 cases (38 in the last 5 years), 1987–2026 · leading case: Anonymous v. Castagnola, 2022 NY Slip Op 06682 (N.Y. App. Div. 2022).
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Anonymous v. Castagnola, 2022 NY Slip Op 06682 (N.Y. App. Div. 2022). · cites it 3× “CPLR 214-g further provides that the affirmative defenses set forth in Penal Law §§ 130.30(1) and 130.45(1) based on the age of the defendant in relation to the victim shall apply in any such claim or action commenced pursuant to the statute, "in addition to any other defense…”
People v. Singh, 128 A.D.3d 860 (N.Y. App. Div. 2015). · cites it 2× “The defendant was charged, under counts 1 through 40 of an indictment, with committing rape in the second degree (Penal Law § 130.30 [1]) by engaging in sexual intercourse with a person less than 15 years old during successive two-week time periods beginning on January 2, 2008.”
In the Matter of Afton C., 950 N.E.2d 101 (NY 2011). · cites it 2× “In October 2007, respondent father pleaded guilty to rape in the second degree, engaging in sexual intercourse with a person less than 15 years of age (Penal Law § 130.30 [1]), and patronizing a prostitute in the third degree, which at the time of his conviction was defined as…”
People v. Gravino, 928 N.E.2d 1048 (NY 2010). · cites it 2× “Gravino By indictment filed on February 6, 2007, defendant Tara Gravino was charged with rape in the second degree (Penal Law § 130.30 [1]), endangering the welfare of a child (Penal Law § 260.”
Hughes v. Sheahan, 312 F. Supp. 3d 306 (N.D.N.Y. 2018). · cites it 3× “35(1), rape in the second degree in violation of Penal Law § 130.30(1), and three counts of endangering the welfare of a child in violation of Penal Law § 260.”
People v. Quinto, 964 N.E.2d 379 (NY 2012). · cites it 2× “For defendant's alleged conduct between May 1, 2002 and June 30, 2002, he was charged with: rape in the second degree (Penal Law § 130.30 [1] [a class D felony]); sexual misconduct (Penal Law § 130.”
People v. Bateman, 2023 NY Slip Op 00249 (N.Y. App. Div. 2023). · cites it 2× “In July 2018, defendant was charged by indictment with seven counts of rape in the second degree ( see Penal Law § 130.30 [1]), stemming from his sexual relationship with a 14-year-old child (hereinafter the victim) in August 2017, when defendant was 46 years old.”
State v. Donald DD., 21 N.E.3d 239 (NY 2014). “pleaded guilty to rape in the second degree (Penal Law § 130.30 [1] [being 18 years old or more, he or she engages in sexual intercourse with another person less than 15 years old]), attempted rape in the second degree (under the same statute), and endangering the welfare of a…”
People v. Gozdziak, 2022 NY Slip Op 07377 (N.Y. App. Div. 2022). · cites it 4× “To the extent that the court and the People could be said to have concluded that, under the general strict equivalency standard without reference to the underlying facts, the class D felony of rape in the second degree (Penal Law § 130.30) is the analogous New York felony to the…”
People v. Garrand, 2020 NY Slip Op 07432 (N.Y. App. Div. 2020). “Lastly, defendant contends that County Court erred in denying his request for the lesser included charge of sexual misconduct ( see Penal Law § 130.30). As "the elements of the two offenses are identical, there is no reasonable view of the evidence which would support a finding…”
Matter of Gonzalez v. Annucci, 32 N.Y.3d 461 (NY 2018). “Petitioner was convicted, upon his guilty plea, of rape in the second degree under Penal Law § 130.30 (1). He was sentenced to a determinate sentence consisting of 21/2 years' imprisonment followed by 3 years' postrelease supervision (PRS).”
United States v. Faustino Gomez, 757 F.3d 885 (9th Cir. 2014). “§ 45-5-502(3); N.Y. Penal Law § 130.30 (1); S.D. Codified Laws § 22-22-1 (5); Vt.”
Show all 235 citing cases →
— N.Y. Penal Law § 130.30(1) — 3 cases
Anonymous v. Castagnola, 2022 NY Slip Op 06682 (N.Y. App. Div. 2022). “CPLR 214-g further provides that the affirmative defenses set forth in Penal Law §§ 130.30(1) and 130.45(1) based on the age of the defendant in relation to the victim shall apply in any such claim or action commenced pursuant to the statute, "in addition to any other defense…”
Hughes v. Sheahan, 312 F. Supp. 3d 306 (N.D.N.Y. 2018). “35(1), rape in the second degree in violation of Penal Law § 130.30(1), and three counts of endangering the welfare of a child in violation of Penal Law § 260.”
People v. Garrett, 2023 NY Slip Op 01754 (N.Y. App. Div. 2023).
— N.Y. Penal Law § 130.30(2) — 1 case
People v. Williams, 123 A.D.3d 240 (N.Y. App. Div. 2014).
— N.Y. Penal Law § 130.30(3) — 2 cases
State v. Backus (Ariz. Ct. App. 2026).
DeBlasi v. DeBlasi, 2025 NY Slip Op 02757 (N.Y. App. Div. 2025).
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