Rape in the Second Degree - NYPL § 130.30

Get Defense from Our Proven New York Attorney

New York Penal Law § 130.30 addresses Rape in the Second Degree, a serious felony offense that occurs under specific circumstances. This law applies to cases where sexual intercourse is conducted without consent and involves individuals who are incapable of consent due to reasons like age or mental incapacity. Specifically, it includes situations where the victim is under fifteen years old and the perpetrator is at least eighteen, or where the victim is mentally disabled or incapacitated.

If you or someone you know has been accused of Rape in the Second Degree, securing a knowledgeable legal team is imperative. At Lebedin Kofman LLP, we are committed to providing effective legal representation for our clients. Our New York sex crimes lawyers are well-versed in the nuances of sexual abuse laws and are dedicated to upholding the rights of those we represent. Contact Lebedin Kofman LLP today to schedule a consultation with one of our attorneys.

Hypothetical Example

Sarah, a 25-year-old woman, attends a local community gathering where she meets Tom, a 28-year-old man. During the event, they both consume a significant amount of alcohol. As the evening progresses, Tom notices that Sarah is visibly disoriented and struggling to maintain her balance, clearly showing signs of intoxication to the point of incapacitation.

Despite her obvious inability to make clear decisions or consent, Tom engages in sexual intercourse with Sarah. Under New York Penal Law § 130.30, this situation constitutes rape in the second degree because Sarah was incapacitated and thus unable to provide consent due to her condition.

Related Offenses

Rape in the Second Degree is closely related to several other sexual offenses within the New York Penal Law, including:

Legal Definitions and Elements of the Offense

A person commits the crime of rape in the second degree under the following conditions:

The individual is eighteen years old or older and has sexual intercourse with someone who is under fifteen years old.
The person has sexual intercourse with another individual who cannot give consent due to mental disability or incapacitation.

There is a possible defense for rape in the second degree as outlined in the first condition: if the defendant was less than four years older than the victim at the time the act took place.

Rape in the second degree is classified as a class D felony.

Possible Legal Defenses

Defending against charges of Rape in the Second Degree can involve several approaches, depending on the specifics of the case:

Lack of Knowledge of Incapacity to Consent: The defendant might claim they were not aware and could not reasonably have known that the alleged victim was incapable of consent.
Consent: Arguing that the alleged victim was capable of and did give consent.
Affirmative Defense: If the defendant is less than four years older than the victim, the charges may be dismissed.

Penalties

Conviction for Rape in the Second Degree carries severe penalties, as it is classified as a Class D felony:

Imprisonment: Possible prison sentence ranging from a minimum of 2 years to up to 7 years in prison.
Probation: A probation period of up to 10 years may be imposed upon conviction.
Fines: A defendant may be made to pay up to $5,000 in fines.
Sex Offender Registration: Mandatory registration as a sex offender, impacting various aspects of the defendant’s personal and professional life.

Legal proceedings in Rape in the Second Degree cases are complex and require a nuanced understanding of both statutory law and the details of the specific case. Accused individuals should seek skilled legal representation to navigate these challenges effectively.

New York Penal Law § 130.30: Rape in the Second Degree

A person is guilty of rape in the second degree when:

being eighteen years old or more, he or she engages in sexual intercourse with another person less than fifteen years old; or
he or she engages in sexual intercourse with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated.

It shall be an affirmative defense to the crime of rape in the second degree as defined in subdivision one of this section that the defendant was less than four years older than the victim at the time of the act.

Rape in the second degree is a class D felony.

Amendments to the Law

It is important to note that this version of the law will only be effective until September 1, 2024. From September 1, 2024, an updated version of the law will take into effect, as follows:

A person is guilty of rape in the second degree when:

being eighteen years old or more, he or she engages in vaginal sexual contact with another person less than fifteen years old;
being eighteen years old or more, he or she engages in oral sexual contact with another person less than fifteen years old;
being eighteen years old or more, he or she engages in anal sexual contact with another person less than fifteen years old;
he or she engages in vaginal sexual contact with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated;
he or she engages in oral sexual contact with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated; or
he or she engages in anal sexual contact with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated.

It shall be an affirmative defense to the crime of rape in the second degree as defined in subdivisions one, two and three of this section that the defendant was less than four years older than the victim at the time of the act.

Rape in the second degree is a class D felony.

Stand Strong with Qualified Legal Representation From Lebedin Kofman LLP

Facing charges of Rape in the Second Degree under New York Penal Law § 130.30 is a serious and stressful situation. These charges can lead to severe consequences, making it essential to understand the legal landscape and your rights thoroughly.

Lebedin Kofman LLP brings a deep understanding of New York’s sexual abuse laws to the table, providing those accused of Rape in the Second Degree with diligent and steadfast legal representation. Our team is committed to ensuring that your case is handled with the utmost professionalism and dedication, focusing on protecting your rights and striving for the most favorable outcome.

If you or a loved one is dealing with such charges, don’t delay in seeking skilled legal assistance. Contact Lebedin Kofman LLP today at (646) 663-4430 to arrange a consultation where we can discuss your situation, evaluate your options, and plan an effective defense strategy. Let us help you through this challenging period by providing the support and representation you need.

Schedule A free Consultation

Legal Team

Reviews

Case Results

Our Clients Share Their Experiences

The Opinions That Matter Most

Thank you so much for all of your advice and help!

“I can’t say enough good things about these guys. Their service is worth every penny, super responsive and have a wonderful staff. I had consulted so many other lawyers and just didn’t feel they were a right fit. From the moment I spoke to Mr Kofman, I felt so much better and confident in him. Everything he said he would do, he did. I was not charged a penny more than what I was quoted, which was surprising from my previous experiences with other lawyers. On top of that, I feel like the whole team went above and beyond for us. I highly recommend these guys to everyone.”

– Masha Liro

Leave your TRUST and CONFIDENCE to them, 100% their expertise gave results done what's the best for you.

“My case was handled by Mr.Conor McNamara. I got peace of mind and the result of my case during the pandemic, 2020 was very satisfying. My court case is in New York but I’m living in another state …”

– E.C.

I normally would not write for a criminal defense attorney but I feel like the service was so exceptional that I really wanted to.

“I dont want to go into details in a public forum, but I am very satisfied and grateful for the defense I received. I would recommend this law firm to anyone facing a tough legal situation in Manhattan.”

– Beryl Beattey

I was in a jam and this firm helped me out of it quickly and smoothly!

“When I first called on a Friday, they called back immediately which I thought was great because my issue was time sensitive and I didn’t want to wait until Monday. During the entire process, there was great communication and I’d highly recommend them for anything you may be going through!”

– Jasmine Clemente

If you need someone to prove your innocence, these are your guys!

“For the past year I’ve been fighting for my freedom. My world seemed like it was crashing before my eyes. I had 2 felony gun possession cases in Manhattan. From the beginning Russ and John were there. I was denied bail at my first hearing but they fought to over turn that so I can fight the case from the outside world instead of a jail cell. They even got my bail reduced to a reasonable number afterwards. Moving forward they faught hard and relentless. Until ultimately BOTH cases were dismissed. Miracles do happen.”

– Muhamadou Saho

Russ Kofman and his team are amazing!

“Can’t say enough good things about how the team seamlessly and professionally handled the case from beginning to end. they are dedicated, determined and extremely successful in their craft. I would recommend their services to anyone!”

– Logan Kenney

Very responsive law office that I would highly recommend for great results

“Everything in the case went exactly as promised and I would recommend them without hesitation. We had Russ’ cell and he answered questions via text even on evenings and weekends. He laid everything out play by play and we still keep in touch.”

– New Era

Lebedin Kofman LLP is INCREDIBLE!!!!!

“Arthur and his team demonstrate exceptional professionalism and legal expertise. I was so scared when I received a letter from the court but, Arthur and his team took the time to carefully explain my options and they worked with me to find a solution. Not only did they solve the problem, they got the case thrown out. I can’t praise their work enough. I’ve never written a review in my life , but, I had to for Lebedin Kofman LLP.”

– James Garland

He was able to dismiss my case and save tons of money on future fines

“Going in for my DMV chemical refusal case, I was very anxious having my license being revoked for a up to a year. The odds were stacked against me, having little hope of any positive certainty. Russ …”

– G

This law firm is extremely professional and knowledgeable.

“This law firm is extremely professional and knowledgeable. I contacted the firm via email for advice on a case, Stephannie Miranda emailed me back promptly and placed me in touch with Arthur Lebedin. …”

– Jack

He got the case completely dismissed.

“I had the pleasure of using Lebedin Kofman LLP, I was greatly satisfied, my son had a very difficult case, assault on NYC police officer, and he got the case completely dismissed. They also work with …”

– Gwendolyn

Best attorney in NYC, hands down!

“I would recommend them to ANYONE. I am so glad I hired Russ as my attorney. He was so quick and efficient with my case and kept me updated with everything. If you’re in need of a criminal defense attorney, look no further and call this firm. You will not regret it.”

– Charles Green

They worked, fought and won my case.

“I must commend Lebedin and Kofman for their excellent and professional service. They worked, fought and won my case. Their service has no parallel. Excellent, professional and humane staff. Thank you …”

– Bernadette

Outstanding. Truly professional in all ways relating to law.

“From customer service to experience in the field – I cannot recommend them enough. Answered phones on all hours, constantly available, consistently reliable. Truly appreciate all of the help, will always be recommending you all.”

– Jake Malishkevich

Lebedin Kofman has been great to me.

“They were very understanding regarding my lawsuit and did everything in their power to help me. Kelsey Was amazing, answered back in a timely manner whenever I had Questions and never made me feel uncomfortable or like It wasn’t worth it. They worked hard and ended up getting me a nice sized lawsuit. I appreciate them for all of their work and would recommend to anyone looking for a lawyer who actually cares about you and your case.”

– Johnathan Franceschi

Our Commitment

Fighting For Your Best Interest

We Have a Highly Experienced Legal Team

When You Hire Us, You Get Us

We Speak Korean, Mandarin, Portuguese, Russian & Spanish

We Offer Free Consultations In Person & Over The Phone

We Have a Proven Track Record

We Are Available 24/7

Request a Free Consultation

Please fill out the form below and we will respond to your inquiry within
24-hours guaranteed.