2023 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.
* NB Effective until September 1, 2024
* 1. "Vaginal sexual contact" means conduct between persons consisting
of contact between the penis and the vagina or vulva.
* NB Effective September 1, 2024
* 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.
* NB Effective until September 1, 2024
* 2.   (a)   "Oral  sexual  contact"  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 contact" means conduct between persons consisting  of
contact between the penis and anus.
* NB Effective September 1, 2024
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.
* NB Effective until September 1, 2024
* 10. "Sexual conduct"  means  vaginal  sexual  contact,  oral  sexual
contact,  anal  sexual  contact,  aggravated  sexual  contact, or sexual
contact.
* NB Effective September 1, 2024
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.