NY · jury_instructions
CJI2d[NY] Penal Law former § 130.25(1)
RAPE IN THE THIRD DEGREE (Incapacity to Consent : Mental Disability or Incapacity, or Physical Helplessness)
A charge for “mentally disabled” and “mentally incapacitated” have been omitted here because they are also separately included in the crime of Rape in the Second Degree [Penal Law § 130.30(2)]. Thus, if necessary, the charge for Rape in the Second Degree can be modified to charge the instant crime as applied to a person who is “mentally disabled” or “mentally incapacitated.”
Likewise, a charge for “physically helpless” has been omitted here because it is also separately included in the crime of Rape in the First Degree [Penal Law § 130.35(2)]. Thus, if necessary the charge for Rape in the First Degree can be modified to charge the instant crime as applied to a person who is “physically helpless.”
History
Caption: RAPE IN THE THIRD DEGREE (Incapacity to Consent : Mental Disability or Incapacity, or Physical Helplessness) Penal Law § 130.25(1) (Committed on or after Nov. 1, 2003). Read from the committee's Word file. Prepared by the New York State Unified Court System Committee on Criminal Jury Instructions, Model Colloquies, and Evidence Rules; published by the Unified Court System at nycourts.gov (the internet edition is the only current and official publication of CJI2d).
Provenance
- Source
- nycourts.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
ef2b1f777e6371c7177eaeaf80be8fbc84f567165daaf43bdeb8f88784181923
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