Under NY law, Rape 3 applies when the victim is under 17 and the defendant is 21 or older.

• A. True
• B. False
• C. Only if consent given
• D. Only if the act involves force

Answer: (A)

The main idea here is statutory rape based on age. Under New York law, rape in the third degree happens when a person who is 21 years old or older has sexual intercourse with someone who is under 17. This offense is a strict age-based crime, meaning the defendant’s intent or the other person’s consent doesn’t matter—the law protects minors regardless of consent or force. So, if the victim is under 17 and the defendant is at least 21, it fits the statute for rape in the third degree, making the statement true. The other options misstate the role of consent or force, which aren’t required to prove this offense.