Statutory Rape Laws in NY: Consent and Age of Consent

New York Age of Consent Law

In New York, the age of consent is 17.

Statutory Rape (Penal Law §130.25)

• Sex with a person <17 by someone ≥18 (or ≥4 years older if actor <21) is a crime.
• No "Romeo and Juliet" close-in-age exemption for 16-year-olds with 19-year-olds.

Scenario: 19-Year-Old Male, 16-Year-Old Female

• Age gap: 3 years.
• Actor (19) is ≥18 and ≥4 years older than victim (16)? No, only 3 years.
• However, victim is <17, so Sexual Misconduct (Class A Misdemeanor, §130.20) applies: sexual intercourse with person <17 without being married.
• If actor were 21+, it would be Rape 3rd (Class E Felony, §130.25).

Parental Consent Is Irrelevant

Parents cannot consent to a crime. Statutory rape is strict liability regarding age.

Potential Consequences

• Misdemeanor: up to 1 year jail, sex offender registration (SORA) possible.
• Collateral: immigration, professional licensing, housing.

Critical Note

This is general information. Consult a NY criminal defense attorney immediately for case-specific advice. Laws change; nuances matter.