(NY Penal Law § 130.65[3].)
=Certain defenses=
It is not a defense that the perpetrator believed the victim was older than is later proven. Xxx (b)
• (1) Sexual assault in the fourth degree under subdivision (a)(1) of this section is a Class D felony. It is unlawful for a person over the age of fourteen years to willfully and lewdly commit or attempt a lewd or lascivious act upon or with the body, or its parts, of a child under the age of sixteen years , with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of the person or of the child. Teenagers aged 13, 14 and 15 may legally engage in sexual activity with partners who are less than 4 years older.
