Customer (name blocked for privacy):
In New York, a person is guilty of third-degree rape if he is at least age 21 and engages in sexual intercourse with someone less than 17 years old. He is guilty of (1) second-degree rape if he is age 18 or older and engages in sexual intercourse with someone less than age 15 and (2) third-degree rape if he engages in sexual intercourse with someone under age 11 or under age 13 and the actor is age 18 or older. The fact that the offender was less than four years older than the victim at the time of the act is an affirmative defense to second-degree rape (NY Penal Code §§130. 25, 130. 30, and 130. 35).
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Thank you,
Dan
