The Age of Consent in The State of New York Explained
What is New York’s Age of Consent?
Currently, the legal age of consent in New York State is 17, as codified in New York Penal Law § 130.05. This legislation defines "consent" as "not being incapable of consent by reason of being: (b) less than seventeen years old; or (c) mentally disabled, as that term is defined in subdivision six of section 15.05 of the penal law; or (d) mentally incapacitated, as that term is defined in subdivision seven of section 15.05 of the penal law; or (e) physically helpless, as that term is defined in subdivision eight of section 130 . 00 of the penal law; or (f) in a state hospital, as that term is defined in section 2.17 of the mental hygiene law." Additional wording describes, "There is no consent when there is forcible compulsion, as defined in subdivision nine of section 130.00 of the penal law, used to accomplish sexual conduct with or against a compliant person; or where the mental incapacity or physical helplessness of the compliant person is known or should be known to the actor; or where the certifying consent is procured from someone without authority to legally bind the compliant."
A History of New York’s Age of Consent
In 1900, the state of New York’s statutory sexual offenses were as follows: These laws on the books at the turn of the century were soon to change. In 1933, the NY Legislature raised the legal age for marriage to 14 for girls and 18 for boys (in 1917, the legal age for boys was raised to 21). The minimum ages for a sound and voluntary marriage were codified in formal matrimonial law. In a 1942 decision, the NY Court of Appeals defined the age of consent for sex in NY. It held that the enumerated ages of consent for various sexual offenses – such as sodomy, rape, kidnapping and lewd conduct – reflect customary law, meaning that the General Assembly in NY had a reasonable basis for setting the age of consent at 16, 17, 18 or 21. The Molestation of a Minor in the 1st Degree was re-defined to include females under the age of 16. Until then, the age of consent had been 21 years old. In 1944, the state of New York made it illegal for anyone over the age of 21 to have sexual relations with a female under the age of 18. The law banned "consensual sex" between adults aged 21 and over and a minor who was 17 years old or younger, regardless of whether the alleged victim consented to the sexual act/marriage.
Legal Implications of a Violation of the Age of Consent
Violating the age of consent laws in New York can lead to severe legal consequences. Engaging in sexual intercourse with a person under the age of 17 is considered statutory rape in New York. Depending on the age of the "victim" and the defendant, this crime can be charged as a felony in the third degree or a misdemeanor.
Generally, if an individual engages in sexual intercourse with a person 15 years of age or younger, they will be charged with a Class E felony. This is one category above a misdemeanor charge and carries a maximum sentence of four years.
Alternatively, if the "victim" is a person 16 or 17 years of age, the defendant will likely be charged with the misdemeanor of sexual misconduct, which is a Class A misdemeanor. This crime carries a maximum penalty of one year in prison, however, a conviction of this crime will remain on the defendant’s permanent record.
Furthermore, it should be noted that any type of sexual activity with a person under the age of 11 is considered a Class B felony, which is punishable by up to 25 years in prison.
Related Statutes and Exceptions to the Age of Consent
The age of consent laws have been passing both in the U.S. and in New York State to address some of these nuances. One such law that was enacted in regards to age of consent laws is the "Romeo and Juliet" laws. In 2001, the state of New York passed "Romeo and Juliet" laws that allowed close-in-age exemptions in situations where both parties involved are minors. These "Romeo and Juliet" laws were a partial repeal of the former rule that prohibited sexual relations between individuals if either parties involved were less than 17 years old, regardless of the circumstances. In the case of Texas statute, that would be defined as consanguinity or the lack thereof . In these situations, the "Romeo and Juliet" laws allow for a close-in-age exemption whereby individuals who are within three years of each other (18 years old and 15 years old, for example) are exempt from a presumption of illegality.
It is important to understand that these laws do not legally allow for sexual relations between minors. The "Romeo and Juliet" laws are meant to offset unfair charges against individuals who fall within this category, for example when one party is pressed charges for statutory rape in comparison to the punishment that the other individual will face. Simply because both parties involved are either minors or physically close in age to one another, does not excuse or preclude mandatory statutory rape reporting for certain professionals if the situation continues to involve a minor.
Comparing New York’s Age of Consent to Other States
In comparison to the Age of Consent laws in other states, New York’s Age of Consent law is relatively permissive. Although New York does not have a close in age or Romeo & Juliet law, New York’s Age of Consent law does not restrict consensual sexual conduct with a person who is 15 years of age or older. In contrast, many neighboring states have a close in age or a Romeo & Juliet law. The closest jurisdiction to New York with a close in age, or Romeo & Juliet law is Pennsylvania. Under Pennsylvania law 16 Pa.C.S. § 3126(e), a close in age defense exists where an individual who is 18 years of age but less than 13 years of age may be convicted of violating 16 Pa.C.S. § 3126 (relating to sexual assault) or 3124.1 (relating to aggravated indecent assault) but only if it is proven beyond a reasonable doubt that the individual lacked reasonable belief that the complainant was at least 13 years of age. In those kinds of cases, although the defendant is convicted, the Defendant has a defense to some degree. Other states where there is a close in age or Romeo & Juliet law include Connecticut, Massachusetts, Rhode Island, Vermont and New Jersey.
Guidance for Teenagers and Parents
Now that you have the basic information about age of consent laws, you still must ask yourself (for your own personal peace of mind): "What exactly does my state of residence consider ‘aggravated and/or sexual’ offenses?" While NYS has a comprehensive list of offenses , it is always best to consult with an experienced attorney to make sure you understand the nature and potential consequences of any alleged offenses. Teens should also grasp the concept that proactive parental involvement can serve as a strong deterrent against either becoming an alleged victim or accused offender. The best approach for parents is to talk to their children openly and honestly about these topics, using comfortable language, and explaining to them the nature and risk of potential consequences for very poor decisions in the area of sexual activity and violence.