NY · jury_instructions
CJI2d[NY] Penal Law § 130.35 (1)(b)
RAPE IN THE FIRST DEGREE (Vaginal Sexual Contact - Physical Helplessness)
The (specify) count is Rape in the First Degree.
Under our law, a person is guilty of Rape in the First Degree when he or she engages in vaginal sexual contact with another person who is incapable of consent by reason of being physically helpless.
A person is INCAPABLE OF CONSENT when that person is physically helpless.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
PHYSICALLY HELPLESS means that a person is unconscious or for any other reason is physically unable to
communicate unwillingness to an act.³
Under our law, vaginal sexual contact with A PHYSICALLY HELPLESS person is deemed to be without that person's consent.
In order for you to find the defendant guilty of this crime, the People are required to prove, from all of 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, (name of defendant), engaged in vaginal sexual contact with (name of complainant); and
2. That (name of complainant) was incapable of consent by reason of being physically helpless.
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.
[NOTE: If the affirmative defense set forth in Penal Law § 130.10(1) applies, omit the final two paragraphs of the above charge, and substitute the charge at the end of this article.]
History
Caption: RAPE IN THE FIRST DEGREE (Vaginal Sexual Contact - Physical Helplessness) Penal Law § 130.35 (1)(b) (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
d30d59de9c58449878d2af5cef441ad2c0ed87a5804e7bb5dc1997d727f3fbc6
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