The two officials told Associate Press, the criminal case involves allegations by Lucia Evans, who told a magazine that Weinstein forced her to perform oral sex.
The allegations, first reported by the New York Times and the New Yorker previous year, gave rise to the #MeToo movement in which hundreds of women have publicly accused powerful men in business, government and entertainment.
NY police have also confirmed a credible rape allegation against Weinstein after "Boardwalk Empire" actress Paz de la Huerta accused him of raping her twice at her NY apartment in late 2010. More than 75 women have accused Weinstein of wrongdoing around the globe. Weinstein has denied having nonconsensual sex with anyone. Evans confirmed to The New Yorker that she was pressing charges. Weinstein's lawyer Brafman said in a May court filing that federal prosecutors in NY had opened a separate criminal investigation into the allegations.
Tarana Burke, the founder of the wider #MeToo movement triggered by accusations against Weinstein, told Hollywood trade publication Variety that the expected charges represent a shift in the movement to change how sexual violence is handled.
He agreed to pay $1 million in cash as part of a prenegotiated bail package, with a Manhattan judge also ordering him to wear an electronic monitor and surrender his passport.
The Hollywood producer has had to turn over is passport and is only allowed in NY or CT, according to CBS, with the 66-year-old due back in court on July 30. A court complaint says Weinstein confined her in a Manhattan hotel room and raped her in 2013. "It's both", she said.
"I said, over and over, 'I don't want to do this, stop, don't, ' " she told the publication, adding that in the end, "He's a big guy".
The news that Weinstein was planning to surrender to NY authorities broke earlier this week. "I didn't want to kick him or fight him".
His past clients include former International Monetary Fund boss Dominique Strauss-Kahn, who ultimately escaped criminal prosecution for alleged sexual assault in 2011.
The Reuters news agency said the rape charge relates to a woman who was not identified. Brafman says he doesn't think a jury would believe Weinstein's accusers - if potential jurors are "not consumed by the movement that seems to have consumed this case".
His wife, fashion designer Georgina Chapman, is now divorcing him with police investigations also ongoing in London and Los Angeles. Harvey and his brother Bob Weinstein started his now-bankrupt company after leaving Miramax, the company they founded in 1979 and which became a powerhouse in '90s indie film with hits like "Pulp Fiction" and "Shakespeare in Love".
Sexual assault cases, particularly those that allegedly happened years ago, are notoriously hard to prosecute particularly as there is often little to no forensic evidence.