Under New York law, which scenario constitutes Rape 2?

Under New York law, which scenario constitutes Rape 2?

• A. Victim is under 18; ∆ is 21+
• B. Victim is under 12; ∆ is 18+
• C. Victim is under 13; ∆ is 12+
• D. Victim under 15; ∆ is 18+

Answer: (D)

In New York, Rape in the second degree is defined as sexual intercourse with a minor who is under 15 years old by someone who is at least 18 years old. This is a statutory-rape rule that targets age, not consent, and the age gap triggers liability. The scenario where the victim is under 15 and the offender is 18 or older fits this definition exactly, so it is the correct match for Rape in the second degree. The other scenarios don’t fit because the victim isn’t under 15 or the offender isn’t at least 18, so they don’t meet the specific age-based threshold for this offense.

In New York, Rape in the second degree is defined as sexual intercourse with a minor who is under 15 years old by someone who is at least 18 years old. This is a statutory-rape rule that targets age, not consent, and the age gap triggers liability. The scenario where the victim is under 15 and the offender is 18 or older fits this definition exactly, so it is the correct match for Rape in the second degree. The other scenarios don’t fit because the victim isn’t under 15 or the offender isn’t at least 18, so they don’t meet the specific age-based threshold for this offense.