Under NY law, Rape 2 requires the victim to be under 15 and the defendant to be 18 or older.

Under NY law, Rape 2 requires the victim to be under 15 and the defendant to be 18 or older.

• A. Yes
• B. No
• C. Only if consent obtained
• D. Only if the victim is physically helpless

Answer: (A)

Age-based statutes treat certain sexual offenses as crimes simply because of the ages involved. For Rape in the second degree in New York, the offense is committed when sexual intercourse occurs with a person under 15 by someone who is at least 18 years old. Consent or the victim’s physical state doesn’t change this result—the minor’s age alone triggers liability, and the offender’s age meets the required threshold. If the victim is 15 or older, this particular degree wouldn’t apply. This is why the statement is correct: the combination of the victim being under 15 and the defendant being 18 or older establishes Rape in the second degree.

Age-based statutes treat certain sexual offenses as crimes simply because of the ages involved. For Rape in the second degree in New York, the offense is committed when sexual intercourse occurs with a person under 15 by someone who is at least 18 years old. Consent or the victim’s physical state doesn’t change this result—the minor’s age alone triggers liability, and the offender’s age meets the required threshold. If the victim is 15 or older, this particular degree wouldn’t apply. This is why the statement is correct: the combination of the victim being under 15 and the defendant being 18 or older establishes Rape in the second degree.