FOR IMMEDIATE RELEASE
New York, NY – February 11, 2026 – Lebedin Kofman LLP has published a comprehensive legal guide titled “Consent in New York Law: A Deep Dive into Penal Law § 130.05” on its website, offering an in-depth analysis of New York's consent framework as it applies to sex offense prosecutions throughout New York City and Long Island.
The article examines New York Penal Law § 130.05, the foundational statute governing consent across all sex offense charges under Article 130 of the New York Penal Law. The guide walks readers through the four legal bases for establishing lack of consent — forcible compulsion, incapacity to consent, lack of acquiescence, and the reasonable person standard — while detailing each category of persons deemed legally incapable of consent under New York law. These include minors under 17, individuals with developmental disabilities, persons who are mentally incapacitated or physically helpless, individuals in institutional custody, and those detained by law enforcement.
The publication also addresses recent and significant legislative changes, including the “Rape is Rape” Act, which took effect September 1, 2024, and restructured Article 130 by eliminating the distinction between rape and criminal sexual act to treat all forms of non-consensual sexual penetration equally under a unified definition. The guide additionally covers affirmative defenses available under § 130.10, the consequences of sex offense convictions, including Sex Offender Registration Act (SORA) requirements, and practical guidance for individuals facing allegations in New York.
Written for individuals facing sex crime charges, legal professionals, and members of the general public, the guide is intended to provide accessible, accurate, and actionable information on one of the most consequential areas of New York criminal law.
About Lebedin Kofman LLP: Lebedin Kofman LLP is a boutique criminal defense law firm serving clients throughout New York City and Long Island, including Brooklyn, Queens, Manhattan, the Bronx, Staten Island, Nassau County, and Suffolk County. The firm's attorneys have decades of combined experience defending clients against a full range of criminal charges, including sex offenses, DWI/DUI, assault, drug crimes, and federal matters. Lebedin Kofman LLP also handles civil rights litigation and is committed to providing individualized, aggressive representation to every client.
For more information about Lebedin Kofman LLP and its services, please contact:
Russ Kofman, Esq.
Founding Partner
Lebedin Kofman LLP
26 Broadway, 3rd Floor, New York, NY 10004
Phone: 646-663-4430
Email: info@lebedinkofmanlaw.com
Website: https://www.lebedinkofman.com
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