New York State Police arrested 35-year-old Jerica J. Costich, from Rochester, on charges of rape after an allegation that she had an inappropriate relationship with an 18-year-old detainee at the Industry Residential Center.
Yup. It starts at simple sexual assault, and gets higher punishments for using violence, drugs, assaulting a minor, and/or abuse of a position of power, as it should be.
Seems to be primarily age-oriented, but also takes into account violence for the higher felony charges:
https://ypdcrime.com/penal.law/article130.php?zoom_highlight=rape
(Ianal, just wondered so I searched)
In this case, no violence and not with someone under the age of 17 would be the 3rd degree.
Yup. It starts at simple sexual assault, and gets higher punishments for using violence, drugs, assaulting a minor, and/or abuse of a position of power, as it should be.