N.Y. Penal Law § 130.65

§ 130.65 Sexual abuse in the first degree.
  A person is guilty of sexual abuse in the first degree when he or she
subjects another person to sexual contact:
  1. By forcible compulsion; or
  2. When the other person is incapable of consent by reason of being
physically helpless; or
  3. When the other person is less than eleven years old; or
  4. When the other person is less than thirteen years old and the actor
is twenty-one years old or older.
  Sexual abuse in the first degree is a class D felony.