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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 [1] Scroll down the list and click PEN (Penal law). Find and click Article 130 SEX OFFENSES.



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