NYSentencing

§ 130.35 Rape in the first degree.
  A person is guilty of rape in the first degree when he  or  she
engages in sexual intercourse with another person:
  1. By forcible compulsion; or
  2. Who is incapable of consent by reason of being physically helpless;
or
  3. Who is less than eleven years old; or
  4. Who is less than thirteen years old and the actor is eighteen years
old or more.
  Rape in the first degree is a class B felony.

with Argument