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Rape in the third degree New York Penal Law 130.25 is a class E felony.Rape in the third degree is having sexual intercourse with someone who is incapable of consent because of some reason other than being less than seventeen years old or if someone 21 years old or older, has sexual intercourse someone less than seventeen years old.NEW YORK CRIMES INVOLVINGRAPE AND NON-CONSENSUAL SEXUAL CONTACT Sexual misconduct: New York Penal Law130.20, is a Class A Misdemeanor.

A brief description of New York law concerning Sex Crimes is as follows: Sex crimes tend to fall into three general categories.

First is prostitution related offenses where sexual activity is engaged for compensation.

Sex offenses are serious crimes and require strong legal representation.

Being charged with a sex crime in White Plains, New York and Westchester County, NY should not be taken lightly.

Even where a complaining witness was drunk or has used drugs, they are not necessarily physically helpless.

So long as they can communicate whether or not they want to engage in sexual activity, there is no crime, even if they regret their actions later.

Sex crimes where someone who is technically unable to consent requires corroboration that sexual contact occurred and that the accused was the person who caused the contact.

Under New York Penal Law, “Mentally disabled” means that a person suffers from a mental disease or defect which renders them incapable of appraising the nature of his or her conduct.

A person is “Mentally Incapacitated” if they are temporarily incapable of appraising or controlling their conduct because of the effect of a narcotic or intoxicating substance administered without their consent, or to any other act committed upon him without his consent.

Physically helpless means that a person is unconscious or is physically unable to communicate unwillingness to an act.

The next is where there is some type of sexual contact without consent.