NYSentencing

§ 130.30 Rape in the second degree.
  A person is guilty of rape in the second degree when:
  1. being eighteen years old or more,  he  or  she  engages  in  sexual
intercourse  with another person less than fifteen years old; or
  2. 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.
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