statory rape

New York

What is the statute of limitations on statutory rape in New York state. what is the age for it to be considered statutory rape in New York state?

New York Criminal Prosecutions Statute of Limitations

Citation: Crim. Pro. Law § 30.10

The statute of limitations for certain offenses against a child will not begin until the child reaches 18 years of age or until the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurs earlier. The offenses included are:

  • Sexual offense
  • Incest
  • Use of a child in a sexual performance

The statute of limitations for sexual conduct in the 1st or 2nd degree is a period within 5 years after commission of the offense.
Generally, the following statutes of limitations apply:

  • For a class A felony, there is no statute of limitations.
  • For any other felony, it is a period within 5 years after commission of the offense.
  • For a misdemeanor, it is a period within 2 years after commission of the offense.

New York Civil Actions Statute of Limitations

Citation: Civ. Practice Laws & Rules § 208

The statute of limitations will not begin for a minor entitled to file a claim until he or she reaches 18 years of age if the limitations period otherwise prescribed for the claim runs for 3 years or more and ends no later than 3 years after the minor reaches 18 years of age.
The statute of limitations for filing a claim that has a limitations period of less than 3 years extends for a minor entitled to file a claim for the period during which he or she is under 18 years of age.
The statute of limitations period will not last beyond 10 years after the cause of action arises.

New york Age of consent laws

In the State of New York, a person is deemed incapable of consent when he or she is:
3. A person is deemed incapable of consent when he or she is:
(a) less than seventeen years old; or
(b) mentally disabled; or
(c) mentally incapacitated; or
(d) physically helpless

For more on the laws in New York Visit http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS Scroll down the list and click PEN (Penal law). Find and click Article 130 SEX OFFENSES.


Submitted by jdny (not verified) on Wed, 06/01/2011 - 06:42.

hey i live in ny and i need help im 16 and my gf is 17 if we have sex can she get introuble???? a few of our friends say were pretected by thwe
"romeo and juliette law"

Submitted by Anonymous (not verified) on Mon, 10/18/2010 - 08:29.

i am the mother of a 6 year old who was sexually abused. although no charges were made against this individual because he passed a voice stress test. i have been informed he was arrested for rape with a girl who is 12. what can i do? the agencies involved believe this happened to my daughter but not this man. who happens to be almost 19 now.....

Submitted by Anonymous (not verified) on Tue, 09/28/2010 - 22:20.

I want to date a 15 year old she turns 16 soon and Im 19. I'm not planning on having sex with her soon. Her mother is ok with us being together. Can I get into trouble for kissing her or showing PDA? and is the age still 17 even for two girls?

Submitted by Anonymous (not verified) on Tue, 09/07/2010 - 23:52.

when i was 25 she was 16 and got her pregnant at 17 but her parents forced us to have an abortion they threatened me to jail so i was affraid of shaming my parents and both parents approved of us dating. well then we seperated soon after i am 30 and she is 21 we get married i take her in with a step daughter 2 years of age. she doesnt go to school or work tells me she fell out of love we seperate now she is giving me a temporary restraint order with all assault 1 and 2nd sexual abuse 2nd and 3rd sexual misconduct and forcible touching.....whats all that about last time i saw her i was mad at her brother maybe we both threatened each other but just words and now this all i wanted to know if she really wanted the seperation after 2months apart its not fair if i go to jail for crazy alligations....

Submitted by Anonymous (not verified) on Mon, 06/21/2010 - 00:31.

Can a 24 years old male could go to jail if he's dating a 17 years old female?

Submitted by Anonymous (not verified) on Tue, 04/06/2010 - 13:29.

im a male.. 16 yrs of age. i had sex with my 15 year old girl friend. somehow her dad found out and wants to charge me with rape.. am i in trouble?

Submitted by Anonymous (not verified) on Thu, 08/19/2010 - 00:23.

no............ rape is only wen you make have sex with you.......... but i think you still have a bit of crap in your hands

Submitted by danielle (not verified) on Fri, 04/23/2010 - 13:18.

I am going to ssume you are in NY, becuase of your ages you cannot be charged with rape, you are not over 17 so it is not even considered a violation let alone felony rape, you can find the guidlines in NY penal law and criminal procedure book under article 30

Submitted by Anonymous (not verified) on Sun, 08/02/2009 - 09:27.

so is it ok for a man over 21 to have sex with a girl 17 years of age?

Submitted by Anonymous (not verified) on Sun, 02/15/2009 - 17:29.

if anyone out there can tell me, is it fair to get locked up if your boyfriend is 2 years older than you? also, if we were just dating and not having sex, how can he get a sex charge against him?

Submitted by Anonymous (not verified) on Tue, 11/11/2008 - 16:47.

I was raped 20 years ago by a man when I was living on a military base in germany. I moved back to the states and never reported it. I got pregnant, and had a baby. at that time I was 16. I moved back to the states, this monster has found me. what can I do is it too late to report this?

Submitted by Anonymous (not verified) on Thu, 08/19/2010 - 00:29.

you can ask NCIS. thay are like the FBI but dont work 4 the government, and nicer

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