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Q: Age of Consent ( Answered 5 out of 5 stars,   0 Comments )
Question  
Subject: Age of Consent
Category: Relationships and Society > Law
Asked by: nelson-ga
List Price: $5.00
Posted: 23 Jun 2005 03:40 PDT
Expires: 23 Jul 2005 03:40 PDT
Question ID: 536239
What is the age of consent in New York State?  Specifically gay
(male/male) in New York City.  Official sources preferred.  Thanks.
Answer  
Subject: Re: Age of Consent
Answered By: tutuzdad-ga on 23 Jun 2005 06:35 PDT
Rated:5 out of 5 stars
 
Dear nelson-ga;

Thank you for allowing me to answer your interesting question. There
are multiple references in New York law that describes persons under
the age of consent as being ?under seventeen years old?. Please note
where I have capitalized the pertinent information for special
attention?s sake:

?S 130.55 Sexual abuse in the third degree.
A person is guilty of sexual abuse in the third degree when he or she
subjects another person to sexual contact without the latter`s
consent; except that in any prosecution under this section, it is an
affirmative defense that (a) such other person`s lack of consent was
due solely to INCAPACITY TO CONSENT BY REASON OF BEING LESS THAN
SEVENTEEN YEARS OLD, and (b) such other person was more than fourteen
years old, and (c) the defendant was less than five years older than
such other person. Sexual abuse in the third degree is a class B
misdemeanor.

S 130.40 Sodomy in the third degree.
A person is guilty of sodomy in the third degree when:   1. He or she
engages in deviate sexual intercourse with a person who is incapable
of consent by reason of some factor other than being LESS THAN
SEVENTEEN YEARS OLD; 2. Being twenty-one years old or more, he or she
engages in deviate sexual intercourse with a person LESS THAN
SEVENTEEN YEARS OLD; or 3. He or she engages in deviate sexual
intercourse with another person without such person`s consent where
such lack of consent is by reason of some factor other than incapacity
to consent. Sodomy in the third degree is a class E felony.

S 130.25 Rape in the third degree.
A person is guilty of rape in the third degree when:  1. He or she
engages in sexual intercourse with another person who is incapable of
consent by reason of some factor other than being LESS THAN SEVENTEEN
YEARS OLD; 2. Being twenty-one years old or more, he or she engages in
sexual intercourse with another person LESS THAN SEVENTEEN YEARS OLD;
or 3. He or she engages in sexual intercourse with another person
without such person`s consent where such lack of consent is by reason
of some factor other than incapacity to consent. Rape in the third
degree is a class E felony.?


?Section 130.05 Sex offenses; lack of consent? also defines the age of
consent at 17 years old.

?3. A person is deemed incapable of consent when he or she is: 

(a) LESS THAN SEVENTEEN YEARS OLD; or 

(b) mentally defective; or 

(c) mentally incapacitated; or 

(d) physically helpless; or 

(e) committed to the care and custody of the state department of
correctional services or a hospital??

NEW YORK AGE OF CONSENT
http://www.ageofconsent.com/newyork.htm

According to these statutes the age of consent therefore is clearly 17.

The AVERT website confirms this and indicates that the age of consent
for all persons is 17 years of age.

AVERT.ORG
http://www.avert.org/aofconsent.htm




I hope you find that my research exceeds your expectations. If you
have any questions about my research please post a clarification
request prior to rating the answer. Otherwise I welcome your rating
and your final comments and I look forward to working with you again
in the near future. Thank you for bringing your question to us.

Best regards;
Tutuzdad-ga ? Google Answers Researcher



INFORMATION SOURCES

NEW YORK CONSOLIDATED LAWS
http://caselaw.lp.findlaw.com/nycodes/c82/a29.html



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SEARCH TERMS USED:

NEW YORK

AGE

CONSENT
nelson-ga rated this answer:5 out of 5 stars and gave an additional tip of: $2.50
Thank you.

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