While the age of consent in New York is 17, several exceptions to the state's statutory rape law define instances where sexual relations with a child under 17 are not considered statutory rape. This guide defines the concept of the age of consent and discusses the rights of a person of age and the elements of (and exceptions to) sex crimes based on the age of a victim and an accused.
The age of consent in New York
The age of consent is the age at which one can legally consent to have sexual relations. The age of consent in New York is 17 years old. (See the NYS Penal Law Art. 130 (http://www.nycagainstrape.org/media/fhp/nyscasa_summary_penalcode130.doc).
New York's law provides a number of exceptions to the age of consent rule. While a child under age 17 cannot legally consent to have sex, the older partner of that child may or may not face criminal charges, depending on the situation and the law's exceptions.
No one may have sexual intercourse with a child under 11 years old. Hence, an 11-year-old who has sex with a 10-year-old would be guilty of rape in the first degree. That is an unlikely, but possible, scenario.
A person age 18 or older cannot have sex with a person under 13 years old under any circumstance. However, if the child is at least 13 and younger than 15, and if the adult is less than four years older than the child at the time of the sexual conduct, then that would release the adult defendant of criminal responsibility. Because this is an affirmative defense, the defendant, who usually carries no burden of proof at trial, has the burden of proving the age difference beyond a preponderance of the evidence.
So here it is 17 for sure, there are certain situations where younger people are protected above , these are like Romeo and Juliet kinds of laws.But certainly if they are 17 they are of age and legal to have sexual intercourse here.
I appreciate the chance to help you tonight.