N.Y. Penal Law § 130.65 : Offenses Against The Person Involving Physical Injury, Sexual Conduct, Restraint And Intimidation — Penal — Sex Offenses — Sexual abuse 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 sexual abuse in the first degree when he or she subjects another person to sexual contact: 1. By forcible compulsion; or 2. When the other person is incapable of consent by reason of being physically helpless; or 3. When the other person is less than eleven years old; or 4. When the other person is less than thirteen years old and the actor is twenty-one years old or older. Sexual abuse in the first degree is a class D felony. N.Y. Penal Law § 130.65