Sexual offenses are defined in the New York State Penal Code, Sections 130.00 to 130.70. Sex offenses include Rape, Sodomy, Sexual Abuse, Aggravated Sexual Abuse, and Sexual Misconduct. Rape in the first, second, or third degree, are felony crimes all punishable with prison sentences up to 25 years. Rape in the first degree occurs when a person engages in non-consensual sexual intercourse with another by physical force, coercion or threat, or with a person who is incapable of consent by reason of being physically helpless or under age. Sodomy in its varying degrees is a felony crime, punishable by up to 25 years imprisonment.
Sodomy occurs when a person engages in deviate sexual intercourse with another.
Consensual Sodomy is a Class B Misdemeanor punishable by up to three months imprisonment. Aggravated Sexual Abuse in varying degrees are felony crimes that occur when sexual contact consists of the insertion of a finger or foreign object in the sexual organs or rectum of another person causing physical injury to such person. Sexual Misconduct is a Class A misdemeanor and occurs when a male engages in sexual intercourse with a female without her consent or engages in deviate sexual intercourse with another person without that person's consent. Consent with the exception of consensual sodomy, it is an element of every sexual offense defined in the Penal Code that the sexual act was committed without consent of the victim.