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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. |
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Subject:
Re: Age of Consent
Answered By: tutuzdad-ga on 23 Jun 2005 06:35 PDT Rated: |
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 SEARCH STRATEGY SEARCH ENGINE USED: Google ://www.google.com SEARCH TERMS USED: NEW YORK AGE CONSENT |
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