New York Penal Code § 130.65

Sexual abuse in the first degree
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§ 130.65 Sexual abuse in the first degree.\n  A person is guilty of sexual abuse in the first degree when he or she\nsubjects another person to sexual contact:\n  1. By forcible compulsion; or\n  2. When the other person is incapable of consent by reason of being\nphysically helpless; or\n  3. When the other person is less than eleven years old; or\n  4. When the other person is less than thirteen years old and the actor\nis twenty-one years old or older.\n  Sexual abuse in the first degree is a class D felony.\n

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