New York Penal Code § 130.35

Rape in the first degree
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§ 130.35 Rape in the first degree.\n  A person is guilty of rape in the first degree when:\n  1. he or she engages in vaginal sexual contact with another person:\n  (a) By forcible compulsion; or\n  (b) Who is incapable of consent by reason of being physically\nhelpless; or\n  (c) Who is less than eleven years old; or\n  (d) Who is less than thirteen years old and the actor is eighteen\nyears old or more;\n  2. he or she engages in oral sexual contact with another person:\n  (a) By forcible compulsion; or\n  (b) Who is incapable of consent by reason of being physically\nhelpless; or\n  (c) Who is less than eleven years old; or\n  (d) Who is less than thirteen years old and the actor is eighteen\nyears old or more; or\n  3. he or she engages in anal sexual contact with another person:\n  (a) By forcible compulsion; or\n  (b) Who is incapable of consent by reason of being physically\nhelpless; or\n  (c) Who is less than eleven years old; or\n  (d) Who is less than thirteen years old and the actor is eighteen\nyears old or more.\n  Rape in the first degree is a class B felony.\n

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