New York Penal Code 130.67: Aggravated Sexual Abuse in the Second Degree

New York Penal Code 130.67: Aggravated Sexual Abuse in the Second Degree

Aggravated sexual abuse in the second degree is a felony sex crime according to the New York Penal Code. Aggravated sexual abuse in the second degree is classified as a class C felony, according to the New York Penal Code.

Elements of Aggravated Sexual Abuse in the Second Degree

There are a number of elements associated with the crime of aggravated sexual abuse in the second degree. This crime is distinguished from rape because rape specifically involves sexual intercourse. On the other hand, aggravated sexual abuse in the second degree involves the insertion of a finger into a vagina, urethra, penis, rectum, or anus. The second degree derivation of this crime specifically involves the use of a finger in perpetrating the crime.

There are three situations in which aggravated sexual abuse in the second degree can occur. First, aggravated sexual abuse in the second degree can occur by force. Second, the crime can be committed is a victim is physically helpless. Finally, can be committed on a person who is not of an age to give consent.

Examples of Aggravated Sexual Abuse in the Second Degree

An example of aggravated sexual abuse in the second degree is a situation in which a man and women have been drinking. The woman passes out from intoxication. After this occurs, the man inserts a finger in the woman’s vagina while she is unconscious.

Another example of aggravated sexual abuse in the second degree occurs when an adult places a finger the vagina of a minor child. There need not be overt force or a physically helpless victim for this crime to occur with a minor child. The child’s legal inability to consent is enough to warrant prosecution.

Defenses to Aggravated Sexual Abuse in the Second Degree

There are some defenses that can be mounted by an NYC criminal attorney in a aggravated sexual abuse in the second degree. A basic, potential defense to this crime is consent. If an alleged victim consented to the conduct that otherwise would constitute the crime of aggravated sexual abuse in the second degree, a person has a valid defense if charged.

If a finger is inserted into one of the defined orifices described in the law as part of a medical procedure or examination, that is a defense. In addition, the statute of limitations may provide a defense to aggravated sexual abuse in the second degree.

According to the New York Penal Code, a person alleged to have committed the crime of aggravated sexual abuse in the second degree must be charged within a specific time period. If no charges are brought during that time period, a person has a strong defense against prosecution.

A skilled, experienced NYC criminal lawyer will provide a person with a case evaluation. This is done at an initial consultation. Generally, no attorney fee is charged for an initial consultation.

Sentence for Aggravated Sexual Abuse in the Second Degree

The maximum prison term to which a person charged with aggravated sexual abuse in the second degree can be sentenced is 15 years. Depending on a person’s criminal history, he or she may face a mandatory minimum sentence of 3.5 years.

Probation is a possibility in a case, particularly if a person has no prior criminal history. Probation would likely be 10 years.

A person will also be obligated to register with the New York state sex offender registry. A person may be required to register for anywhere from 20 years to life. The length of the registration period depends on a person’s criminal history, the nature of his or her conviction, and related issues.

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