The New York Age of Consent is 17 years old. In the United States, the age of consent is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity. Individuals aged 16 or younger in New York are not legally able to consent to sexual activity, and such activity may result in prosecution for statutory rape.
New York statutory rape law is violated when a person has consensual sexual intercourse with an individual under age under age 17, who they are not married to. Punishment varies depending on the age of the offender. There is no defense based around lack of knowledge of the victim's age.
New York does not have a close-in-age exemption. Close in age exemptions, commonly known as "Romeo and Juliet laws", are put in place to prevent the prosecution of individuals who engage in consensual sexual activity when both participants are significantly close in age to each other, and one or both partners are below the age of consent.
Because there is no such "Romeo and Juliet law" in New York, it is possible for two individuals both under the age of 17 who willingly engage in intercourse to both be prosecuted for statutory rape, although this is rare. Similarly, no protections are reserved for sexual relations in which one participant is a 16 year old and the second is a 17 or 18 year old.
The Age of Consent ranges state-by-state from 16 to 18 years old across the United States. Click the map to view any state's age of consent laws.
Age Of Consent:
16 years oldNew York has fifteen statutory sexual abuse charges on the books which are used to prosecute age of consent and child abuse related crimes within the state. One or more of these charges may be used to prosecute violations of the New York Age of Consent, as statutory rape or the New York equivalent of that charge.
The severity of the criminal charge (felony, misdemeanor, etc) depends on the specifics of the acts committed and the relative ages of the perpetrator and victim. Click any charge for more detailed information.
| Criminal Charge | Severity | Punishment |
|---|---|---|
| Aggravated sexual abuse- first degree | Class B felony | 5-25 years in jail |
| Aggravated sexual abuse- second degree | Class C felony | A maximum of 15 years |
| Aggravated sexual abuse- third degree | Class D felony | A maximum of 7 years in jail |
| Course of sexual conduct against a child- first degree | Class B felony | 5-25 years in jail |
| Course of sexual conduct against a child- second degree | Class D felony | A maximum of 7 years in jail |
| Criminal sexual act- first degree | Class B felony | 5-25 years in jail |
| Criminal sexual act- first degree | Class B felony | 5-25 years in jail |
| Criminal sexual act- second degree | Class D felony | A maximum of 7 years in jail |
| Criminal sexual act- third degree | Class E felony | A maximum of 4 years in jail |
| Female genital mutilation | Class E felony | A maximum of 4 years in jail |
| Predatory sexual assault against a child | Class A-II felony | A minimum amount of 25 years in jail |
| Rape- first degree | Class B felony | 5-25 years in jail |
| Rape- second degree | Class D felony | A maximum of 7 years in jail |
| Sexual abuse- first degree | Class D felony | A maximum of 7 years in jail |
| Sexual abuse- second degree | Class A misdemeanor | Up to 1 year in jail |
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If you are a victim of sexual assault or statutory rape, call the 24-hour RAINN help hotline at 800-656-HOPE