New York Penal Code § 130.35: Rape in the First Degree

As a class B felony, of the three rape charges included in the New York Penal Code, rape in the first degree is the most serious. Under New York Penal Code section 130.35 you will be charged with rape in the first degree if you do one of the following:

  1. Engage in sexual intercourse with another person by forcible compulsion
  2. Engage in sexual intercourse with another person who is physically helpless
  3. Engage in sexual intercourse with another person who is less than 11 years old
  4. 4. Engage in sexual intercourse with a child who is less than 13 years old and you are at least 18 years old.
Examples

A man holds a knife to the neck of a woman and demands that she remove her clothes. He then forces her to have sexual intercourse with him. The man could be prosecuted for rape in the first degree based on lack of consent as by using a knife he threatened the woman with immediate physical harm or death.

A man meets a woman at a party. They drink alcohol together and smoke marijuana. The woman eventually passes out. The man has sexual intercourse with her while she is passed out. The man could be charged with rape in the first degree as the woman was physically helpless when he had sexual intercourse with her.

Related offenses
  1. Criminal sexual act in the first degree: New York Penal Code section 130.50
  2. Sexual abuse in the first degree: New York Penal Code section 130.65
  3. Aggravated sexual abuse in the first degree: New York Penal Code section 130.70
  4. Course of sexual conduct against a child in the first degree: New York Penal Code section 130.75
Defense

Because the lack of consent is a key element to a rape charge or any sex crime, an important defense is to show evidence that there was consent to the sexual intercourse.

Sentence

Prison. The maximum sentence for being convicted of rape in the first degree is 25 years in prison as under New York Penal Code section 130.35 it is a class B felony. Rape in the first degree is further classified as a violent felony offense. This means that if you are convicted you will face a mandatory minimum sentence of 5 years in prison.

Probation. A probation term of 10 years may also be part of your sentence. While serving your term of probation you will be required to follow a set of strict rules, including regularly reporting to your probation officer.

Sex Offender Registration. You will also be required to register as a sex offender under New York Correction Law section 168, also known as the Sex Offender Registration Act (SORA). You will have to follow the registration rules for at least 20 years and perhaps for the rest of your life.

New York Penal Code section 130.35: Rape in the first degree

A person is guilty of rape in the first degree when he or she engages in sexual intercourse with another person:

  1. By forcible compulsion; or
  2. Who is incapable of consent by reason of being physically helpless; or
  3. Who is less than eleven years old; or
  4. Who is less than thirteen years old and the actor is eighteen years old or more.
Contact the Law Offices of Stephen Bilkis & Associates

Defending a rape in the first degree charge can be quite complicated. There are often complex issues related to consent, credibility and evidence. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with sex crimes such as aggravated sexual abuse, criminal sexual act in the first degree as well as other sex crimes such as sexual misconduct, criminal sexual act, forcible touching, sexual abuse, sexual conduct against child, female genital mutilation, and facilitating a sexual offense with a controlled substance. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We represent clients in the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.

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