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.
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Under this section of Public Health Law, a person who is eighteen or older may give effective consent for health care.
Public Health Law § 2504 Enabling certain persons to consent for certain medical, dental, health and hospital services. Any person who is eighteen years of age or older, or is the parent of a child or has married, may give effective consent for medical, dental, health and hospital services for himself or herself, and the consent of no other person shall be necessary.4.
The following information was taken directly from the New York state legislation website at § 130.05 Sex offenses; lack of consent. Whether or not specifically stated, it is an element of every offense defined in this article that the sexual act was committed without consent of the victim. Lack of consent results from: (a) Forcible compulsion; or (b) Incapacity to consent; or (c) Where the offense charged is sexual abuse or forcible touching, any circumstances, in addition to forcible compulsion or incapacity to consent, in which the victim does not expressly or impliedly acquiesce in the actor’s conduct; or (d) Where the offense charged is rape in the third degree as defined in subdivision three of section 130.25, or criminal sexual act in the third degree as defined in subdivision three of section 130.40, in addition to forcible compulsion, circumstances under which, at the time of the act of intercourse, oral sexual conduct or anal sexual conduct, the victim clearly expressed that he or she did not consent to engage in such act, and a reasonable person in the actor’s situation would have understood such person’s words and acts as an expression of lack of consent to such act under all the circumstances. A person is deemed incapable of consent when he or she is: (a) less than seventeen years old; or (b) mentally disabled; or (c) mentally incapacitated; or (d) physically helpless; or (e) committed to the care and custody of the state department of correctional services or a hospital, as such term is defined in subdivision two of section four hundred of the correction law, and the actor is an employee, not married to such person, who knows or reasonably should know that such person is committed to the care and custody of such department or hospital.
For purposes of this paragraph, “employee” means (i) an employee of the state department of correctional services who performs professional duties in a state correctional facility consisting of providing custody, medical or mental health services, counseling services, educational programs, or vocational training for inmates; (ii) an employee of the division of parole who performs professional duties in a state correctional facility and who provides institutional parole services pursuant to section two hundred fifty-nine-e of the executive law; or (iii) an employee of the office of mental health who performs professional duties in a state correctional facility or hospital, as such term is defined in subdivision two of section four hundred of the correction law, consisting of providing custody, or medical or mental health services for such inmates; or (f) committed to the care and custody of a local correctional facility, as such term is defined in subdivision two of section forty of the correction law, and the actor is an employee, not married to such person, who knows or reasonably should know that such person is committed to the care and custody of such facility. He or she engages in sexual intercourse with another person without such person’s consent; or 2.
It is the purpose of this policy to clarify the legal issues surrounding consent to medical care and/or the refusal of care by minors in the pre-hospital EMS setting.
Emergency Medical Services (EMS)providers are often presented with patients who are considered by law to be minors.
Until the late 20th century many states had provisions requiring that the teenage girl must be of previous "chaste character" in order for the sexual conduct to be considered criminal. The act has to be illegal under state or federal law to be charged with a crime under 2422(b), and can even be applied to situations where both parties reside within the same state but use an instant messenger program whose servers are located in another state. § 2260) makes it a federal crime to possess or create sexually explicit images of any person under 18 years of age; this creates a federal age of consent of 18 for pornography.
In 1998 Mississippi became the last state to remove this provision from its code. forbids transporting a minor (defined as under 18) in interstate or foreign commerce with the intent of engaging in criminal sexual acts in which a person can be charged. Thus, while some conduct covered by the statute is highly culpable, these penalties apply even when consensual sex between someone under the age of eighteen and someone over the age of eighteen is entirely legal under state law, the non-commercial possession of an explicit picture or video clip of the person under the age of eighteen (such as a cell phone photograph of a naked sexual partner, under the age of eighteen, of the person taking the photo) may still constitute a serious federal child pornography felony. § 2251 (such as taking a suggestive cell phone picture of an otherwise legal sexual partner under the age of eighteen without an intent to share or sell the picture), face fines and a statutory minimum of 15 years to 30 years maximum in prison.
Effective August 18, 2016, Ioflupane, an injectable radiopharmaceutical diagnostic tool, that is derived from cocoa leaves, and is used in testing for adult patients with suspected Parkinsonism syndromes, was removed from Schedule II of the New York State Controlled Substance Schedules.