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Last Updated on: 15th October 2023, 01:06 pm
New York Penal Code 130.80 covers the crime of engaging in a course of sexual conduct against a child in the second degree. This is a serious felony offense that can lead to years in prison and being labeled as a registered sex offender. Let’s take a closer look at what constitutes this crime, penalties, and possible defenses.
Under New York law, a person commits course of sexual conduct against a child in the second degree when they engage in two or more acts of sexual conduct with a child less than 11 years old over a period of at least three months. It also applies to those 18 or older who engage in two or more acts of sexual conduct with a child less than 13 years old over at least three months.
Sexual conduct is defined as:
So this charge applies when there are multiple instances of sexual abuse against a young child over an extended period. Even if each individual act may not rise to another level of sexual assault, the pattern of conduct can lead to prosecution under 130.80.
Course of sexual conduct against a child in the second degree is a class D felony under New York law. This means potential penalties include:
Sentencing depends on the exact circumstances of the case and criminal history of the defendant. But this is a registerable offense, meaning anyone convicted will be placed on New York’s sex offender registry. This brings additional restrictions like limits on employment and housing.
There are several possible defenses if accused of course of sexual conduct against a child:
An experienced criminal defense attorney can evaluate the prosecution’s evidence and determine the best defense strategy for each particular case.
Course of sexual conduct against a child in the second degree is part of a spectrum of sex crime laws involving minors in New York. Some related statutes include:
The degree and penalties vary based on the age of the victim, acts committed, and other circumstances. It’s important to consult with a lawyer to understand how the charges compare.
While course of sexual conduct against a child is prosecuted under New York state law, there can also be federal charges for child sexual exploitation and abuse. Offenses like production and distribution of child pornography often involve federal statutes.
The FBI and Department of Homeland Security may get involved in investigating sex crimes against minors, even when charges are brought on the state level. This is an additional complexity when facing allegations.
A conviction under NY Penal Code 130.80 can completely upend a person’s life. Years in prison will be followed by sex offender registration bringing many restrictions on housing, employment, and more. Families of the convicted can also suffer emotionally and financially. And alleged victims may be traumatized by long trials. There is no winning situation with these types of cases.
Facing charges under course of sexual conduct against a child in the second degree is extremely serious. Even false allegations can destroy careers, relationships and reputations if not properly defended. Those accused should immediately retain an experienced sex crimes lawyer. An attorney can evaluate the evidence, build a strong defense, and advocate for the best possible resolution of the case. Time is of the essence, so consulting with a lawyer quickly is imperative. With the right legal guidance, some individuals can avoid harsh penalties or even have charges reduced or dismissed. This complex area of criminal law requires expert representation.
New York Penal Code 130.80 aims to punish those who engage in repeated sexual abuse of young children over extended periods of time. While each act may not be criminal on its own, the pattern of conduct crosses a line into a serious felony offense. Anyone facing charges of course of sexual conduct against a child should seek legal counsel right away to protect their rights and future. With skilled defense, some outcomes short of conviction may be possible. But these complex cases require the expertise of an experienced sex crimes lawyer.
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