N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents / ARTICLE Offenses Affecting the Marital Relationship
New York Consolidated Laws

N.Y. Penal Law § 255.30 (2026)

Adultery and incest; corroboration

✓ current as of May 2026
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§ 255.30 Adultery and incest; corroboration.
  1. A person shall not be convicted of adultery or of an attempt to
commit adultery solely upon the testimony of the other party to the
adulterous act or attempted act, unsupported by other evidence tending
to establish that the defendant attempted to engage with the other party
in sexual intercourse, and that the defendant or the other party had a
living spouse at the time of the adulterous act or attempted act.
  2. A person shall not be convicted of incest or of an attempt to
commit incest solely upon the testimony of the other party unsupported
by other evidence tending to establish that the defendant married the
other party, or that the defendant was a relative of the other party of
a kind specified in section 255.25.
Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1986–2022 · leading case: People v. Facey, 115 A.D.2d 11 (N.Y. App. Div. 1986).
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People v. Facey, 115 A.D.2d 11 (N.Y. App. Div. 1986). · cites it 5× “Penal Law § 255.30 (2) provides that a person shall not be convicted of incest solely upon the testimony of the other party unless there is other evidence tending to establish that the defendant was a relative of the other party.”
In re Nevada FF., 214 A.D.2d 814 (N.Y. App. Div. 1995). “Nor are we persuaded that the finding of incest was not corroborated pursuant to Penal Law § 255.30 (2), which relates only to the actor’s familial relationship with the victim.”
People v. Jones, 133 A.D.2d 972 (N.Y. App. Div. 1987). “Corroborative evidence was not needed for the counts charging incest (Penal Law § 255.30 [2]). The two counts at issue charge second degree rape.”
People v. Brathwaite, 176 Misc. 2d 79 (N.Y. Sup. Ct. 1998). “Turning to the merits of defendant’s application, this court notes that, under Penal Law § 255.30 (2), “[a] person shall not be convicted of incest * * * solely upon the testimony of the other party unsupported by other evidence tending to establish that the defendant * * * was…”
People v. Alger, 2022 NY Slip Op 03545 (N.Y. App. Div. 2022). “The evidence established that the older victim was younger than 17 years old on the two occasions when defendant had vaginal sexual intercourse with her and that the younger victim was younger than 13 years of age when defendant had vaginal sexual intercourse with her and…”
People v. Alger, 2022 NY Slip Op 03545 (N.Y. App. Div. 2022). “The evidence established that the older victim was younger than 17 years old on the two occasions when defendant had vaginal sexual intercourse with her and that the younger victim was younger than 13 years of age when defendant had vaginal sexual intercourse with her and…”
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