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 › 130.10 - Sex Offenses; Limitation; Defenses.

§ 130.10 Sex offenses; limitation; defenses.
1. In any prosecution under this article in which the victim's lack of
  consent is based solely upon his or her incapacity to consent because he
  or  she  was  mentally  disabled,  mentally  incapacitated or physically
  helpless, it is an affirmative defense that the defendant, at  the  time
  he  or she engaged in the conduct constituting the offense, did not know
  of the facts or conditions responsible for such incapacity to consent.
2. Conduct performed for a valid medical or mental health care purpose
  shall not constitute a violation of any section of this article in which
  incapacity to consent  is  based  on  the  circumstances  set  forth  in
  paragraph (h) of subdivision three of section 130.05 of this article.
* 3.  In  any prosecution for the crime of rape in the third degree as
  defined in section 130.25, criminal sexual act in the  third  degree  as
  defined  in section 130.40, aggravated sexual abuse in the fourth degree
  as defined in section 130.65-a, or sexual abuse in the third  degree  as
  defined in section 130.55 in which incapacity to consent is based on the
  circumstances set forth in paragraph (h) of subdivision three of section
  130.05  of  this  article  it  shall  be an affirmative defense that the
  client or patient consented to such conduct charged  after  having  been
  expressly advised by the health care or mental health care provider that
  such conduct was not performed for a valid medical purpose.
* NB Effective until September 1, 2024
* 3.  In  any prosecution for the crime of rape in the third degree as
  defined in section 130.25, a crime formerly defined in  section  130.40,
  aggravated  sexual  abuse  in  the  fourth  degree as defined in section
  130.65-a, or sexual abuse in the third  degree  as  defined  in  section
  130.55  in which incapacity to consent is based on the circumstances set
  forth in paragraph (h) of subdivision three of section  130.05  of  this
  article  it  shall  be an affirmative defense that the client or patient
  consented to such conduct charged after having been expressly advised by
  the health care or mental health care provider that such conduct was not
  performed for a valid medical purpose.
* NB Effective September 1, 2024
4. In any prosecution under this article in which the victim's lack of
  consent is based solely on his or her incapacity to consent  because  he
  or she was less than seventeen years old, mentally disabled, a client or
  patient  and  the actor is a health care provider, detained or otherwise
  in custody of law  enforcement  under  the  circumstances  described  in
  paragraph (j) of subdivision three of section 130.05 of this article, or
  committed to the care and custody or supervision of the state department
  of  corrections and community supervision or a hospital and the actor is
  an employee, it shall be a defense that the defendant was married to the
  victim as defined in subdivision four of section 130.00 of this article.