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 § 130.35 (2026)

Rape in the first degree

✓ current as of May 2026
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§ 130.35 Rape in the first degree.
  A person is guilty of rape in the first degree when:
  1. he or she engages in vaginal sexual contact with another person:
  (a) By forcible compulsion; or
  (b) Who is incapable of consent by reason of being physically
helpless; or
  (c) Who is less than eleven years old; or
  (d) Who is less than thirteen years old and the actor is eighteen
years old or more;
  2. he or she engages in oral sexual contact with another person:
  (a) By forcible compulsion; or
  (b) Who is incapable of consent by reason of being physically
helpless; or
  (c) Who is less than eleven years old; or
  (d) Who is less than thirteen years old and the actor is eighteen
years old or more; or
  3. he or she engages in anal sexual contact with another person:
  (a) By forcible compulsion; or
  (b) Who is incapable of consent by reason of being physically
helpless; or
  (c) Who is less than eleven years old; or
  (d) Who is less than thirteen years old and the actor is eighteen
years old or more.
  Rape in the first degree is a class B felony.
Notes of Decisions
Cited in 870 cases (117 in the last 5 years), 1972–2026 · leading case: People v. Mingo, 910 N.E.2d 983 (N.Y. 2009).
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People v. Mingo, 910 N.E.2d 983 (N.Y. 2009). · cites it 2× “Defendant’s guilty plea to rape in the first degree—which required an admission that defendant engaged in “forcible compulsion” (see Penal Law § 130.35 [1])—did not establish that defendant was armed.”
Hughes v. Sheahan, 312 F. Supp. 3d 306 (N.D.N.Y. 2018). · cites it 4× “96 , rape in the first degree in violation of Penal Law § 130.35(1), rape in the second degree in violation of Penal Law § 130.”
Craig Dunham v. Brion Travis, Chair, New York State Parole Bd., 313 F.3d 724 (2d Cir. 2002). · cites it 2× “On all counts, the state proceeded under alternative theories of (1) forcible rape, see N.Y. Penal Law § 130.35 (1), and (2) sexual intercourse with a female who is incapable of consenting by reason of being physically helpless (“physical helplessness” rape), see N.”
The People v. Lerio Guerrero, 65 N.E.3d 51 (N.Y. 2016). · cites it 2× “On April 13, 2005, a New York County grand jury, utilizing the perpetrator's DNA profile as an identifier, charged the perpetrator by "DNA indictment" (under the name "John Doe") with one count of rape in the first degree (Penal Law § 130.35 [1]), two counts of sodomy in the…”
United States v. Faustino Gomez, 757 F.3d 885 (9th Cir. 2014). · cites it 3× “01(1); N.Y. Penal Law § 130.35 (4); N.C. Gen.Stat.”
People v. Lancaster, 143 A.D.3d 1046 (N.Y. App. Div. 3d Dep't 2016). · cites it 2× “For the charge of rape in the first degree, the People were required to prove that defendant "engage[d] in sexual intercourse with another person" by "forcible compulsion" (Penal Law § 130.35 [1]). Victim 2 testified that defendant forced her onto her hands and knees and…”
People v. Sposito, 193 A.D.3d 1236 (N.Y. App. Div. 3d Dep't 2021). · cites it 3× “The crimes for which defendant was convicted arose out of a sexual encounter with the victim at [*2]a mutual acquaintance's home, where they had gone after an evening of heavy drinking, and it was alleged that the victim was so intoxicated as to be "incapable of consent by…”
People v. Roman, 85 A.D.3d 1630 (N.Y. App. Div. 4th Dep't 2011). · cites it 3× “Memorandum: On appeal from a judgment convicting him upon a jury verdict of two counts of rape in the first degree (Penal Law § 130.35 [1], [4]), defendant contends that the evidence is legally insufficient to support the conviction.”
The People v. William Cook, 75 N.E.3d 655 (N.Y. 2017). · cites it 2× “For instance, an offender convicted of first-degree rape "[b]y forcible compulsion" (Penal Law § 130.35 [1]) will -- by and large -- trigger a provision of risk factor 1 ("Use of Violence"), resulting in an assessment of at least 10 points (see Guidelines, factor 1).”
People v. Gravino, 928 N.E.2d 1048 (N.Y. 2010). · cites it 2× “75 [1] [a]) and one count of first-degree rape (Penal Law § 130.35 [3]), based on allegations that he sexually abused a young girl from the age of seven until she reported the abuse at the age of 10.”
People v. Peque, 3 N.E.3d 617 (N.Y. 2013). “Defendant was later indicted on one count of rape in the first degree (see Penal Law § 130.35 [1]). At arraignment, defendant told the court that he was from Guatemala City and lacked a Social Security number, and during their bail application, the People informed the court…”
State v. John S., 15 N.E.3d 287 (N.Y. 2014). · cites it 2× “In September 1968, respondent pleaded guilty to rape in the first degree (Penal Law § 130.35) and robbery in the first degree (Penal Law § 160.”
Show all 870 citing cases →
N.Y. Penal Law § 130.35(1): 11 cases
Hughes v. Sheahan, 312 F. Supp. 3d 306 (N.D.N.Y. 2018). “96 , rape in the first degree in violation of Penal Law § 130.35(1), rape in the second degree in violation of Penal Law § 130.”
Pham v. Kirkpatrick, 209 F. Supp. 3d 497 (N.D.N.Y. 2016).
People v. Jimenez, 178 Misc. 2d 319 (N.Y. Sup. Ct. 1998).
Mildwoff v. Cunningham, 432 F. Supp. 814 (S.D.N.Y. 1977).
People v. Rivera, 183 A.D.3d 415 (N.Y. App. Div. 1st Dep't 2020).
N.Y. Penal Law § 130.35(1)(a): 3 cases
People v. O'Keefe, 2025 NY Slip Op 50909(U) (N.Y. Cty. Ct., Warren Cty. 2025).
People v. O'Keefe, 2025 NY Slip Op 50909(U) (N.Y. Cty. Ct., Warren Cty. 2025).
People v. O'Keefe, 2025 NY Slip Op 50909(U) (N.Y. Cty. Ct., Warren Cty. 2025).
N.Y. Penal Law § 130.35(3): 4 cases
People v. Jimenez, 178 Misc. 2d 319 (N.Y. Sup. Ct. 1998).
Whitehurst v. Senkowski, 485 F. Supp. 2d 105 (N.D.N.Y. 2007).
Bonilla v. Griffin, No. 2:16-cv-03676 (E.D.N.Y Aug. 15, 2019).
Matter of P./R. Child., 2007 NY Slip Op 50258(U) (N.Y. Fam. Ct., Kings Cty. 2007).
N.Y. Penal Law § 130.35(3)(a): 3 cases
People v. O'Keefe, 2025 NY Slip Op 50909(U) (N.Y. Cty. Ct., Warren Cty. 2025).
People v. O'Keefe, 2025 NY Slip Op 50909(U) (N.Y. Cty. Ct., Warren Cty. 2025).
People v. O'Keefe, 2025 NY Slip Op 50909(U) (N.Y. Cty. Ct., Warren Cty. 2025).
N.Y. Penal Law § 130.35(4): 5 cases
Hughes v. Sheahan, 312 F. Supp. 3d 306 (N.D.N.Y. 2018). “96 , rape in the first degree in violation of Penal Law § 130.35(1), rape in the second degree in violation of Penal Law § 130.”
People v. Fleming, 48 Misc. 3d 451 (2015).
Roman v. McKoy, No. 6:15-cv-06396 (W.D.N.Y. June 22, 2020).
People v. Reali, 2018 NY Slip Op 2198 (N.Y. App. Div. 2d Dep't 2018).
Matter of Benfey, 2022 NY Slip Op 00306 (N.Y. App. Div. 2d Dep't 2022).
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