What Is the Age of Consent in New York?

Age of consent is the legal age a person must be in order to consent to sexual acts. If a person engages in sexual activity but is below the age of consent, the other person involved may face criminal charges. So, what is the age of consent in New York, and what happens if you are accused of breaking the age of consent laws?

New York Laws 2025

In New York, the age of consent is 17 years old. This means that people who are 16 or under can’t legally give consent to engage in sexual activity in most situations. Even if the minor is willing, their partner can still be charged with a criminal offense, commonly called statutory rape.

In 2024, New York Governor Kathy Hochul signed Legislation S.3161/A.3340, commonly called the Rape is Rape Bill. This broadened the definition of rape to include oral and anal contact, as well as lowering the standard for vaginal rape and expanding the inclusion of consent in every sex offense. This provides greater protections for women, as well as the 7.3 million LGBTQ+ individuals in NYC. Key provisions of this change include redefining several key elements of rape:

• Sexual intercourse − No longer used in the legal sense in New York, replaced with vaginal sexual contact
• Sexual contact − Touching any intimate parts of a person for sexual reasons. This includes touching a minor or a minor touching their partner, even if it is through clothing.
• Sexual conduct − Direct contact with another person’s intimate parts. Prior to the 2024 bill, this term was used for oral and anal contact but is now included in the definition of rape.

Rape Charges and Penalties

New York does not have a charge of statutory rape. Rather, offenses are varying degrees of rape. Prior to 2024, statutory rape was only charged for vaginal intercourse, and oral or anal acts were charged as a Criminal Sexual Act offense. Under the new law, these are all considered rape in varying degrees, which apply to statutory rape as follows.

Rape in the third degree is a Class E felony in which sexual conduct is not forced, but one partner is 21 years old or older, and the other is under 17 years old. The penalty can be up to 4 years in prison.

Rape in the second degree is a Class D felony in which sexual contact is not forced, but one partner is 18 years old or older, and the other person is under 15 years old. If there is less than a 4-year age difference between the partners, this may qualify for a lesser charge. The penalty can be up to 7 years in prison.

Rape in the first degree is a Class B felony in which sexual contact is forced, the victim is under 13 years old, and the perpetrator is 18 years old or older, or the victim is under 11 years old for any age perpetrator. The penalty can be up to 25 years in prison, with a minimum of 5 years in prison if the victim is under 11 years old or serious injury occurred.

Legal Defenses

The main factor in statutory rape is the age of the victim. New York has a “close in age exception” for minors who are 15 or 16 and agree to the sexual activity, wherein the partner may be less than 4 years older, and the offense may not be prosecuted at all or may be prosecuted as Sexual Misconduct, which is a misdemeanor instead of a felony and punishable by up to a year in prison.

However, this does not apply in cases where coercion is used or where the minor is under 15.

Other defenses include arguing that no sexual activity occurred or that the victim was actually over the age of consent at the time. This is not the same as a mistake of age defense, where the defendant claims they simply did not know their partner was under 17. In New York, it doesn’t matter if the person lied about their age. Similarly, the defendant being voluntarily drunk or high isn’t a viable defense since intent is not required.

FAQs

Q: What Is a Romeo and Juliet Law?

A: A Romeo and Juliet law is legislation that provides an exemption to the age of consent if the partners are close to the same age, often no more than four years. This decriminalizes consensual sex acts between two adolescents and keeps teens from being labeled as sex offenders for consensual actions. New York does not have a codified Romeo and Juliet law but does have their own close in age exception. Around half of the U.S. states have a similar law.

Q: Can a Parent or Guardian Give Consent for Someone Under 17 in NY?

A: No, in NY, a parent or guardian can’t give consent for someone under 17 to legally engage in sexual activity. The law still views sex acts with anyone 16 years old or under as statutory rape, even if the minor and the parents give consent. In some cases where the partner is close to the same age and the sexual activity is consensual, though, prosecutors have the discretion to dismiss or reduce the charges.

Q: What Is the Statute of Limitations on Statutory Rape in New York?

A: The statute of limitations on statutory rape in New York depends on the degree of the offense. Rape in the first degree does not have a statute of limitations. Rape in the second degree has to be prosecuted within twenty years of when it happened, and rape in the third degree has a ten-year statute of limitations. There are some extenuating circumstances that influence certain cases. A NYC criminal defense lawyer can provide you with guidance about your specific case.

Q: How Do NY’s Age of Consent Laws Compare to Other States?

A: New York’s age of consent laws are similar to those of most other states. Most states’ age of consent is between 16 and 18. In addition, more than half of US states have close-in-age exemptions, some of which are official laws, and some, like New York, are guidelines that leave it up to the prosecutor’s discretion.

Contact The Law Office of Jonathan Savella

If you’ve been accused of statutory rape, The Law Office of Jonathan Savella can help you fight charges and protect your rights and your freedom. Contact our office today to start your defense.