Can an 16 year old female kiss an 18 year old male legally? Kissing meaning "make out".

Kissing on the mouth is not part of the legal definition of "sexual contact". In the state of New York, a person 18 years of age should consider the "legal" definition of "Sexual Contact" as a guide to establish the boundaries of a "make out" with a minor. Anything within this definition, up to and including oral sex, or sexual intercourse, would be a violation of the law and could land the 18 year old in legal trouble. The list below is the short list. For the full list see New York Sex Laws [1]

New York Penal Code § 130.00 Sex offenses; definitions of terms.

The following definitions are applicable to this article:
1. "Sexual intercourse" has its ordinary meaning and occurs upon any penetration, however slight.

2. (a) "Oral sexual conduct" means conduct between persons consisting of contact between the mouth and the penis, the mouth and the anus, or the mouth and the vulva or vagina.
(b) "Anal sexual conduct" means conduct between persons consisting of contact between the penis and anus.

3. "Sexual contact" means any touching of the sexual or other intimate parts of a person not married to the actor for the purpose of gratifying sexual desire of either party. It includes the touching of the actor by the victim, as well as the touching of the victim by the actor, whether directly or through clothing.

10. "Sexual conduct" means sexual intercourse, oral sexual conduct, anal sexual conduct, aggravated sexual contact, or sexual contact.