NY Penal L § 130.00 (2021)
2021 New York Laws PEN - Penal Part 3 - Specific Offenses Title H - Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation Article 130 - Sex Offenses 130.00 - Sex Offenses; Definitions of Terms.

§ 130.00 Sex offenses; definitions of terms.   The following definitions are applicable to this article:   1.  "Sexual  intercourse" has its ordinary meaning and occurs upon any penetration, however slight.   2. (a) "Oral sexual conduct" means conduct between persons  consisting of  contact  between the mouth and the penis, the mouth and the anus, or the mouth and the vulva or vagina.  (b) "Anal sexual conduct" means conduct between persons consisting  of contact between the penis and anus.   3. "Sexual contact" means any touching of the sexual or other intimate parts  of a person for the purpose of gratifying sexual desire of either party. It includes the touching of the actor by the victim, as  well  as the  touching  of  the  victim by the actor, whether directly or through clothing, as well as the emission of ejaculate by  the  actor  upon  any part of the victim, clothed or unclothed.   4.  For  the purposes of this article "married" means the existence of the relationship between the actor and the victim as  spouses  which  is recognized by law at the time the actor commits an offense proscribed by this article against the victim.   5.  "Mentally  disabled"  means  that  a  person suffers from a mental disease or defect which renders him or her incapable of  appraising  the nature of his or her conduct.   6.   "Mentally   incapacitated"   means  that  a  person  is  rendered temporarily incapable of appraising or controlling his conduct owing  to the  influence  of  a narcotic or intoxicating substance administered to him without his consent, or to any other act committed upon him  without his consent.   7. "Physically helpless" means that a person is unconscious or for any other  reason  is  physically  unable to communicate unwillingness to an act.   8. "Forcible compulsion" means to compel by either:   a. use of physical force; or   b. a threat, express or implied, which places  a  person  in  fear  of immediate  death  or  physical  injury  to  himself,  herself or another person, or in fear that he, she or another person  will  immediately  be kidnapped.   9.  "Foreign  object"  means  any  instrument  or  article which, when inserted in the vagina, urethra, penis, rectum or anus,  is  capable  of causing physical injury.   10.  "Sexual  conduct"  means sexual intercourse, oral sexual conduct, anal sexual conduct, aggravated sexual contact, or sexual contact.   11. "Aggravated sexual contact" means  inserting,  other  than  for  a valid  medical  purpose, a foreign object in the vagina, urethra, penis, rectum or anus of a child,  thereby  causing  physical  injury  to  such child.   12.  "Health care provider" means any person who is, or is required to be, licensed or registered  or  holds  himself  or  herself  out  to  be licensed  or  registered,  or  provides  services  as  if he or she were licensed or registered in  the  profession  of  medicine,  chiropractic, dentistry  or  podiatry  under any of the following: article one hundred thirty-one, one hundred thirty-two, one  hundred  thirty-three,  or  one hundred forty-one of the education law.   13.  "Mental  health  care  provider" shall mean a licensed physician, licensed psychologist, registered professional nurse, licensed  clinical social  worker  or a licensed master social worker under the supervision of a physician, psychologist or licensed clinical social worker.