N.Y. PEN Law § 130.30

§ 130.30 Rape in the second degree.\n A person is guilty of rape in the second degree when:\n 1. being eighteen years old or more, he or she engages in vaginal\nsexual contact with another person less than fifteen years old;\n 2. being eighteen years old or more, he or she engages in oral sexual\ncontact with another person less than fifteen years old;\n 3. being eighteen years old or more, he or she engages in anal sexual\ncontact with another person less than fifteen years old;\n 4. he or she engages in vaginal sexual contact with another person who\nis incapable of consent by reason of being mentally disabled or mentally\nincapacitated;\n 5. he or she engages in oral sexual contact with another person who is\nincapable of consent by reason of being mentally disabled or mentally\nincapacitated; or\n 6. he or she engages in anal sexual contact with another person who is\nincapable of consent by reason of being mentally disabled or mentally\nincapacitated.\n It shall be an affirmative defense to the crime of rape in the second\ndegree as defined in subdivisions one, two and three of this section\nthat the defendant was less than four years older than the victim at the\ntime of the act.\n Rape in the second degree is a class D felony.\n