1.Read the penal law section listed below

130.25(2) Rape in the Third Degree. A person is guilty of rape in the third degree when being twenty-one years old or more, he or she engages in sexual intercourse with another person less than seventeen years old. Rape in the third degree is a class E felony.

Is rape in the third degree a strict liability crime?

2.Read the penal law section listed below

130.25(2) Rape in the Third Degree. A person is guilty of rape in the third degree when being twenty-one years old or more, he or she engages in sexual intercourse with another person less than seventeen years old. Rape in the third degree is a class E felony.

What is the actus reus of rape in the third degree?

3.Read the penal law section listed below

130.25(2) Rape in the Third Degree. A person is guilty of rape in the third degree when being twenty-one years old or more, he or she engages in sexual intercourse with another person less than seventeen years old. Rape in the third degree is a class E felony.

What is the mens rea of rape in the third degree?

4.Max is a 22-year-old amateur boxer. After a long day at the gym, Max decides to go to a local bar for some drinks. At the bar, he meets Jane. They talk and flirt for a while. During the conversation, Jane tells Max that she is a 20-year-old college student. Eventually, the two go to Max's place where they engage in sex.

Two months later Jane, and her parents, discover that she is pregnant.Jane's parents are furious and report the incident to the police because Jane was 16-years-old when she and Max had sex.

Will Max be convicted of rape in the third degree?Why or why not?