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In Brooklyn, New York, and throughout the nation, sex crimes and those who commit them are generally regarded as hateful and contemptible. A sex crime is charged when a person does not give consent to a sexual act. Rape is the sex crime that is familiar to most people. However, there are other charges as well. Such a charge may indicate
forcible touching, any sexual activity against a child who is younger than 11 years old, genital mutilation of a female, incest, anal or oral sex with someone who is physically helpless, and using a controlled substance in order to facilitate sexual activity.
Sex Crime Charges
Because the law regards sex crimes as so serious, most of them are listed as felonies. The felony charge of rape, for instance, is listed in three degrees in Section 130 of the New York penal code. The charges depend on circumstances such as the use of force or action against a child. Any of the three charges can result in a prison sentence as long as 25 years.
According to the New York Penal Code, some sex offenses are listed as misdemeanors, including forcible touching, second degree sexual abuse, and third degree sexual abuse. The penalty is a year or less in a local jail.
Sex Crime Charges and Convictions
Anyone who is charged with a sex crime will be arrested and taken into custody, where he or she will remain until arraignment. That means a hearing before a judge where the crime will be charged. The suspect will also learn if he or she will be released to return to court at a stated date.
A sex crime conviction may mean lengthy time in prison or a short time
in jail. In either case it means that you now have a criminal record and you may wind up on the sex offender registry. Anyone convicted of a level 2 or 3 sex crime (moderate to high risk of repeated offenses) or an attempt to commit a sex crime in New York is required to sign with the New York State Sex Offense Registry. Anyone can search the registry, and anyone can sign up to be notified if a convicted sex offender moves into or out of the neighborhood.
Anyone who is put in the registry will remain there for at least 20 years. If you move out of New York State, you must inform the New York Department of Criminal Justice Services. If you stay in New York, you must report to the local police every three years to have your photo taken. Not following these and other possible rules may put you in jail or prison for a Class D felony.
In some cases, a first-degree sexual offender may receive probation instead of jail. Although this is a lighter sentence, there are still rules to follow. These might include having a job, taking random drug testing, not leaving the state without permission, and checking with a probation officer.
Fighting the Charges
A sex crime charger is frightening and can be life changing. In addition, in some cases, it may be false. Innocent people as well as the guilty are sometimes charged with a sex crime. The charge itself is complex and can permanently change your life. If you are charged with any sex crime, contact criminalattorneys.com. To fight such a charge, you need the long-time experience of a law firm that knows how to work in your behalf.
Don’t let a sex offense charge ruin your life. Contact criminalattorneys.com today. We have the experience, we know the law, and we can help.
New York Penal code 130.52: Forcible Touching
As its name implies, forcible touching is a rather serious accusation to levy against a person. It is considered to be a sex crime, event though it is not labeled as a felony. Because of its sexual nature, jail sentence of up to a year is possible if convicted, which speaks to the importance of you retaining a NYC criminal lawyer as soon s you are accused. The charge alone can do damage to your reputation, so it is important to handle the situation as quickly as possible. NYC criminal lawyers are well equipped to analyze your case and mount the best possible defense that will get your name cleared before lasting harm is done if possible.
An Explanation of New York penal code 130.52
Forcible touching typically involves the accused touching parts of the body of the victim with express permission to do so. Many people refer to this as groping, and it most commonly takes place in a public place that is rather crowded. Common examples include bars and public transportation networks. Often time, the victim is viewed as being defenseless because the accused is more powerful and there is nowhere else to turn since the area is so crowded. If that is the case, the forcible designation is often added to the charge when a police officer cites the accused.
Since sexual penetration is not believed to have occurred, forcible touching is most often viewed as a misdemeanor charge. This does not minimize the fact that it is a sex crime, however, so any such charge should not be taken lightly. You will want to contact a NYC criminal attorney right away in order to begin your defense. For the charge to be issued in the first place, the police must determine that the accused purposefully and forcibly touched an intimate part of another person. This most commonly is taken to mean that either the vagina, penis, breasts, or buttocks region were touched. The other person can be clothed when the touching occurs. Touching is further defined as either squeezing, grabbing, or pinching.
Possible Defenses for Forcible Touching
There are many possible defenses that nyc criminal attorneys will consider for a charge of forcible touching. Each defense will depend on the particular circumstances surrounding the episode. This begins with a consideration of consent. If order to a person to be charged with forcible touching, there much be a lack of consent involved. That might be called into question if you believe that you did have the consent for the touching to take place. It is up to the prosecutor to proved that you lack necessary consent.
There also the issue of intent to consider. You might have accidentally touched another person in his or her intimate areas. Beyond that, if the area is crowded it is very possible that you were forced into another person by the simple movement of the crowd. If so, you might have been unaware that the touching was even taking place. There is also the statute of limitations to consider. The limitations on a charge of forcible touching is two years. Beyond that time, a charge cannot be levied unless the victim was under the age of 18 at the time of the crime.
You do not want to have a sex related crime on your record, regardless of whether it is a felony or a misdemeanor. Contact a criminal attorney in your right away if you been accused of such a crime. You need to protect your rights and restore your good name.
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