NY · jury_instructions
CJI2d[NY] Penal Law § 130.35 (1)(d)
RAPE IN THE FIRST DEGREE (Vaginal contact; complainant < 13; defendant 18 >)
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 less than thirteen (13) years old and the actor is eighteen (18) years old or more.
The following term used in that definition has a special meaning:
VAGINAL SEXUAL CONTACT means conduct between persons consisting of contact between the penis and the vagina or vulva. ¹
Under our law, it is also an element of this offense that the vaginal sexual contact was committed without the consent of that other person.² Vaginal sexual contact takes place without a person's consent when that person is deemed by law to be incapable of consent.
Under our law, a person is deemed incapable of consenting to vaginal sexual contact when he or she is less than thirteen (13) years old.³ Thus, the law deems vaginal sexual contact with such a person to be without that person's consent, even if in fact that person did consent.
It is not a defense to this charge that the actor did not know that the person with whom the actor had vaginal sexual contact was less than thirteen (13) years old, or that the actor believed that such person was thirteen (13) years old or more on the date of the crime. ⁴
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, each of the following three 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);
2. That (name of complainant) was less than thirteen (13) years old; and
3. That the defendant was eighteen (18) years old or more.
If you find the People have proven beyond a reasonable doubt each of those elements, you must find the defendant guilty of this crime.
If you find the People have not proven beyond a reasonable doubt any one or more of those elements, you must find the defendant not guilty of this crime.
History
Caption: RAPE IN THE FIRST DEGREE (Vaginal contact; complainant < 13; defendant 18 >) Penal Law § 130.35 (1)(d) (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
b7237a8961dc0632ffe30a06c2f6f8be9605f650acb5bca95abccffab6d31202
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