In New York, lack of consent occurs when any of these facts exist or occurs:
Not having permission for the sexual act to occur, including but not limited to, being told “no”.
Individuals under the age of 17 are incapable of consenting to sexual intercourse.
Forcible compulsion.
Mentally Disabled.
Mentally Incapacitated.
Physically helpless.
An inmate in jail/prison or otherwise under the care of the State who has relations with a Corrections Officer or someone in charge of their care.