New York Penal Code 130.65: Sexual Abuse in the First Degree

New York Penal Code 130.65: Sexual Abuse in the First Degree

What Comprises Sexual Abuse In The First Degree?
First-degree sexual abuse is the act of forcing someone else to take part in any kind of sexual encounter without the victim’s permission. The person would be charged with the crime if the victim is physically unable to consent to the sexual contact, such as a person who is disabled, less than 12 years of age or doesn’t have the mental capacity to refuse the contact that is made by the defendant.

If the defendant is 21 years of age or older, there are a few elements that would be met to charge the person with first-degree sexual assault. One is that the victim needs to be 16 or younger. Another is that the defendant engages in an act of masturbation in the presence of someone who is 16 or younger. This act could also be over the phone, internet or while using another type of electronic device where the minor can see or hear the act taking place. A person who is in a position of authority or trust and the victim is 18 or younger would be charged with sexual abuse when unwanted contact is made. Most states see sexual abuse in the first degree as a felony. If the victim is 12 years or younger, then the felony would be a Class C and punishable by more time in jail and a higher fine amount. You can be sentenced for up to seven years in jail or prison if convicted of sexual abuse in the first degree. There will likely be restrictions that the defendant would need to abide by after being released from jail. These include registering as a sex offender and staying within a certain distance of designated types of properties, such as schools and playgrounds.

Examples Of Sexual Abuse
First-degree sexual abuse is considered to occur if there is any unwanted sexual contact between the defendant and the victim. This could be something simple as touching the breasts of the victim or engaging in contact for the pleasure and gratitude of the defendant without permission from the victim. There is no clear definition of the sexual parts of the body that are required to be listed in the charges, but they often include the penis, vagina and even the mouth as unwanted oral sexual contact can be seen as sexual abuse. An example would be if someone forces a young child to touch an area of the body of the defendant, such as the penis. In the event that you touch any part of the other person on a sexual part of the body and that contact is unwanted, then the person could be charged with sexual abuse. Another aspect is that the touching could be with the clothing on or off. If the defendant knows that the victim is physically incapable of not consenting to the touching, then sexual abuse occurs. In most situations, a victim under the age of 12 is not legally able to consent or not consent to the act, and the defendant would be charged with abuse.

Defenses To Sexual Abuse
A NYC criminal attorney can look at the evidence presented and make note in the court about the history of the defendant and the actions that led to the sexual abuse charges. One defense that is used is that the victim and the defendant are in a relationship and that the act was consensual. Another is that the defendant didn’t know about sexual acts in the first place and what they involved.

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