N.Y. Penal Law § 130.50 : Offenses Against The Person Involving Physical Injury, Sexual Conduct, Restraint And Intimidation — Penal — Sex Offenses — Criminal sexual act in the first degree Date: 10 Jun 2016 TEXT PDF Current through 2016 New York Laws, Chapters 1 to 237 A person is guilty of criminal sexual act in the first degree when he or she engages in oral sexual conduct or anal sexual conduct with another person: 1. By forcible compulsion; or 2. Who is incapable of consent by reason of being physically helpless; or 3. Who is less than eleven years old; or 4. Who is less than thirteen years old and the actor is eighteen years old or more. Criminal sexual act in the first degree is a class B felony. N.Y. Penal Law § 130.50