For purposes of this paragraph, “employee” means an employee of the office of children and family services or of a residential facility who performs duties consisting of providing custody, medical or mental health services, counseling services, educational services, or vocational training for persons committed to or placed with the office of children and family services and in residential care; or (h) a client or patient and the actor is a health care provider or mental health care provider charged with rape in the third degree as defined in section 130.25, criminal sexual act in the third degree as defined in section 130.40, aggravated sexual abuse in the fourth degree as defined in section 130.65-a, or sexual abuse in the third degree as defined in section 130.55, and the act of sexual conduct occurs during a treatment session, consultation, interview, or examination. He or she engages in sexual conduct with an animal or a dead human body. being eighteen years old or more, he or she engages in sexual intercourse with another person less than fifteen years old; or 2.he or she engages in sexual intercourse with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated. A person is guilty of rape in the first degree when he or she engages in sexual intercourse with another person: 1. Who is incapable of consent by reason of being physically helpless; or 3. Who is less than thirteen years old and the actor is eighteen years old or more. § 130.40 Criminal sexual act in the third degree.Medical, dental, health and hospital services may be rendered to persons of any age without the consent of a parent or legal guardian when, in the physician's judgment an emergency exists and the person is in immediate need of medical attention and an attempt to secure consent would result in delay of treatment which would increase the risk to the person's life or health.In addition to these provisions for health care consent by 'emancipated' individuals, there are other statutory provisions for minors who are in military service or are seeking treatment for AIDS (PHL § 2781) and other sexually transmitted diseases (PHL § 2305).Minors in New York may consent to medical treatment if they are married, a parent of a child patient, or in an emergency. for performing athletic or arts services if court-approved; (5). While New York does not provide a formal procedure for the emancipation of minors, the court may grant a minor's request for emancipation in some rare instances.
This is defined by the General Obligations Law § 1-202, Domestic Relations Law § 2 and Public Health Law § 2504.
the exception does not apply if the minor is under the age of 15.
In New York, if you are 21 years old or older and have sex with someone under 17 years old and the close in age exception does not apply, then that can be considered a criminal sexual act in the third degree which is a class E felony.
New York Legal Age Laws at a Glance People mature at different ages, but states must draw the line somewhere.
New York's legal ages laws, for instance, establish an "age of majority" of 18 at which an individual is legally considered an adult.