No, that’s legal in NYS.
For rape in NYS with consent or not (AGES):
21 and less than 17 (Rape 3)
18 and less than 15 (Rape 2)
18 and less than 13 (Rape 1)
Section 130 if anyone wants to look it up.
If you and your GF are dating and having sex while your within legal limits, and one of you has a birthday and your not within those limits for a short while, you can still have sex. I forget which case that was though. :gotme:
I’ll find it.