In the state of New York, it is illegal for an adult to engage in sexual intercourse with a minor under the age of seventeen. Since an individual cannot legally provide consent until they have reached the age of adulthood, one could be charged with a criminal offense even if the minor had agreed to participate. Under the law, this is known as "statutory rape." Although this law may seem fairly cut and dry, there are several different factors that will dictate the severity of the charges, and sentencing, that an offender could face. For this reason, the New York City criminal defense lawyers at Law Offices of Daniel A. Hochheiser would like to ensure that you fully understand your rights if you have been accused of committing a similar offense.
According to New York Code §130.25, one could be charged with statutory rape in the third degree if they, at the age of twenty-one or older, have knowingly engaged in sexual intercourse with a minor under the age of seventeen. Should they be convicted of this Class E felony, they could be sentenced to a maximum term of four years in prison and subjected to a $5,000 fine. According to New York Code §130.30, one could be charged with statutory rape in the second degree if they, at the age of eighteen or older, engage in sexual intercourse with a minor under the age of fifteen—unless the offender was less than four years older than the victim. This crime is a Class D felony, which is punishable by seven years in prison and a $5,000 fine.
Finally, New York Code §130.35 describes statutory rape in the first degree as any instance in which a) an individual engages in sexual intercourse with a minor under the age of eleven or b) an individual over the age of eighteen engages in sexual intercourse with a minor under the age of thirteen. This is a Class B felony, which is punishable by a maximum term of 25 years in prison and a $30,000 fine. Regardless of the degree to which you have been charged, you could be facing a mandatory prison sentence if you are convicted of this sexual offense. For this reason, the legal team at Law Offices of Daniel A. Hochheiser encourages you to learn more about how the New York City criminal attorneys at our firm can help.
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