New York Penal Code 130.40: Criminal Sexual Act in the third degree

New York Penal Code 130.40: Criminal Sexual Act in the third degree

New York City takes a hard stance on sexual offenses. In many instances the prosecution must show that there was a lack of consent on the part of the victim. The following outlines New York penal code 130.40, which is criminal sexual act in the third degree. If you are facing a sexually based offense such as this, it is important to seek the advice of a NYC criminal defense attorney as soon as possible.


According to New York law, those who engage in the following conduct can be charged with violating penal code 130.40 of committing a criminal sexual act in the third degree:

  • Having Oral Sex Against A Person’s Will
  • Engaging In Anal Sex Without Consent
  • Having Oral Or Anal Sex With Someone Who Cannot Give Legal Consent
  • Being Over 21 And Having Anal Or Oral Sex With Someone Under 17

The law defines anal sex as:

  • Contact With The Anus And Penis

Oral sex is defined as contact between the mouth and:

  • The Vulva
  • The Vagina
  • The Penis
  • The Anus


Violation of New York penal code 130.40 is a Class E felony and can carry penalties of:

  • A Prison Sentence Of Up To 4 Years
  • Extended Probation Time
  • Fines And Fees
  • Registration As A Sex Offender

Being convicted of a sexually motivated crime that is a felony, will impact your life in negative ways. Because felony charges and convictions show up on routine background checks, you may not be able to get a job or rent an apartment or house. Having to register as a sex offender everywhere you live is also problematic for most people. Failing to register when required to do so could mean jail time.


Few crimes are as difficult to defend as sex charges. To do so, you need an experienced criminal defense attorney to help you avoid prison. Some things your defense attorney may do to defend you are:

  • Hire Investigators
  • Get The Case Dismissed Based On New York Statute Of Limitations
  • Prove Consent Was Given

Even though this criminal offense is less serious than other sex crimes, it is still a felony and can create havoc in your life if you are found guilty and convicted. For this reason, you must not wait to speak with a lawyer for advice. Your attorney may be able to negotiate a lighter sentence for you that does not include jail time and long periods of probation.

Being accused of any crime is difficult, but sexually based offenses are embarrassing for you and your loved ones. There is also a great deal of stress association with facing felony charges and possible jail time. Contact a criminal defense attorney today to discuss your options. After going over the facts in your case, a lawyer will let you know the best way to mount a defense in court. Once you have a competent attorney working for you, it will be less stressful for you until you can tell your story in court. Your criminal defense attorney will work hard to preserve both your reputation and your freedom.

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