NYSentencing

§ 130.35 Rape in the first degree.
  A person is guilty of rape in the first degree when:
  1. he or she engages in vaginal sexual contact with another person:
  (a) By forcible compulsion; or
  (b)  Who  is  incapable  of  consent  by  reason  of  being physically
helpless; or
  (c) Who is less than eleven years old; or
  (d) Who is less than thirteen years old  and  the  actor  is  eighteen
years old or more;
  2. he or she engages in oral sexual contact with another person:
  (a) By forcible compulsion; or
  (b)  Who  is  incapable  of  consent  by  reason  of  being physically
helpless; or
  (c) Who is less than eleven years old; or
  (d) Who is less than thirteen years old  and  the  actor  is  eighteen
years old or more; or
  3. he or she engages in anal sexual contact with another person:
  (a) By forcible compulsion; or
  (b)  Who  is  incapable  of  consent  by  reason  of  being physically
helpless; or
  (c) Who is less than eleven years old; or
  (d) 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.  
(As amended by L.2023 c.777 sec.5 effective 09/01/24.)
with Argument