NY · jury_instructions
CJI2d[NY] Penal Law former § 130.25(3)
RAPE IN THE THIRD DEGREE (Lack of Consent - Totality of Circumstances)
The (specify) count is Rape in the Third Degree.
Under our law, a person is guilty of Rape in the Third Degree, when he or she engages in sexual intercourse with another person without such person's consent.¹
The following terms used in that definition have a special meaning:
SEXUAL INTERCOURSE means any penetration, however slight, of the penis into the vaginal opening. In other words, any penetration of the penis into the vaginal opening, regardless of the distance of penetration, constitutes an act of sexual intercourse. Sexual intercourse does not necessarily require erection of the penis, emission, or orgasm. ²
A person engages in sexual intercourse with another person WITHOUT SUCH PERSON'S CONSENT when there is a lack of consent to the act.
Lack of consent results from circumstances under which, at the time of the act of intercourse, the complainant clearly expressed that he or she did not consent to engage in such act, and a reasonable person in the actor’s situation would have understood the complainant's words and acts as an expression of lack of consent to such act under all the circumstances.³
In order for you to find the defendant guilty of this crime, the People are required to prove, from all the evidence in the case, beyond a reasonable doubt, both of the following two elements:
1. That on or about (date), in the county of (county) the defendant (defendant’s name), engaged in sexual intercourse with (complainant’s name); and,
2. That the defendant did so without (complainant’s name) consent.
If you find the People have proven beyond a reasonable doubt both of those elements, you must find the defendant guilty of this crime.
If you find the People have not proven beyond a reasonable doubt either one or both of those elements, you must find the defendant not guilty of this crime.
History
Caption: RAPE IN THE THIRD DEGREE (Lack of Consent - Totality of Circumstances) Penal Law § 130.25(3) (Committed on or after February 1, 2001). 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
c11481bae5b20ff14640e354ec58c6497d029fd5a44310858a922f494430e35f
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