NY · jury_instructions
CJI2d[NY] Penal Law § 130.25 (7) [formerly (3)]
RAPE IN THE THIRD DEGREE (Vaginal Sexual Contact 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 vaginal sexual contact with another person without such person's consent.¹
The following terms used in that definition have a special meaning:
VAGINAL SEXUAL CONTACT means conduct between persons consisting of contact between the penis and the vagina or vulva.²
A person engages in vaginal sexual contact with another person WITHOUT SUCH PERSON'S CONSENT when there is a lack of consent to the act.
1 At this point, the statutory definition continues: “where such lack of consent is by reason of some factor other than incapacity to consent.” There are two such factors, forcible compulsion [Penal Law § 130.05(2) (a)] and the conduct set forth in Penal Law §130.05(2) (d).
The conduct set forth in Penal Law §130.05(2)(d) is the focus of this charge and that factor is set forth in the definition of the term “without such person's consent.”
If a “forcible compulsion” charge is required, adapt the charge provided for rape in the first degree by forcible compulsion.
2 Penal Law § 130.00(1).
Lack of consent results from circumstances under which, at the time of the act of vaginal sexual contact, 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:
History
Caption: RAPE IN THE THIRD DEGREE (Vaginal Sexual Contact Lack of Consent - Totality of Circumstances) Penal Law § 130.25 (7) [formerly (3)] (Committed on or after Sept 1, 2024). 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
e37e07e2303421dc4c611c8df825020cc76eb32217b7bd9a7a46fd0c9b0a736a
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