New York Penal Code 130.65: Sexual Abuse
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.
New York Penal Code 130.60: Sexual Abuse in the Second Degree
New York Penal Code 130.60 makes it a misdemeanor to engage in sexual contact with another individual without that person’s consent. A person is guilty of sexual abuse in the second degree if he or she sexually contacts another person and that person is:
1. Unable to consent by reason of some factor other than being less than 17 years old or
2. Is less than 14 years old.
New York penal code section 130.00(3) defines sexual contact as “the touching of the sexual or intimate parts of another person for sexual gratification.” The genital area, vagina, penis, anus, rectum, buttock, breasts, lips and moth are among the sexual or intimate parts of the human body that this law pertains to.
It is important to note that second degree sexual abuse is not sexual intercourse, defined as when the penis penetrates the vagina, nor does it involve anal or oral sex.
Although the New York Penal Code defines sexual abuse in the second degree as a sex crime, it is not a felony. Sexual abuse in the second degree is one of three types of sexual abuse crimes in the state of New York. The other two sexual abuse crimes in New York are first degree and third degree sexual abuse.
Examples of the crime
An adult man playing with his friend’s 10-year old daughter who without warning places his hand down her shorts to fondle her vagina and an adult woman who fondles a 12-year old boy’s penis could be charged with sexual abuse in the second degree because they each had sexual contact with children who were under 14-years of age. Evidence presented at trial could also point out that the contact gave the adults sexual pleasure.
Possible defences
There are several defenses a NYC criminal lawyer can raise when he or she has a client charged with second degree sexual abuse.
If the defendant can show that the alleged victim consented to the sexual contact, a prosecuting attorney will have a difficult time proving the case in court. However, if the defendant has been charged with second degree sexual abuse as a result of sexual contact with someone under 14, consent is not a valid defense because children under 14 do not have the legal ability to consent to sexual acts.
A defense attorney can also attempt to convince the court that the sexual contact was unintentional or accidental and that sexual gratification was not the object of the contact.
Sentence
If you are convicted of sexual abuse in the second degree in New York, your maximum sentence is a year in jail. Your sentence can also include six years of probation. In handing down the sentence, a judge will consider the nature and details of the crime that too place and the defendant’s background and criminal history.
If you are found guilty of sexual abuse in the second degree, you are also required to comply with the New York Sex Offender Registration Act for at least 20 years and for perhaps the remainder of your life.
Contact us
If you are accused of sexual abuse in the second degree, you need a New York-based attorney who is available 24/7. With over 50 years of experience on our team, New York Criminal Attorneys is ready to help. Visit us at nyccriminalattorneys.com to set up a free initial consultation.
New York Penal Code 130.55: Sexual Abuse in the Third Degree
Being accused of a sex crime is devastating. Few crimes have the ability to impact a defendant’s life the way a sexual abuse charge does. The following is an overview of the New York penal code 130.55 and the penalties this charge may carry if a defendant is convicted. If you are facing a similar charge, it is important to seek the advice of a NYC criminal lawyer to protect your rights and your freedom.
Description
Sexual abuse is described as the touching or groping of another person’s private parts for sexual fulfillment. Unlike other sex crimes sexual intercourse, anal sex or oral sexual conduct is not required. The mere touching of another person is enough to be charged with sexual abuse in the third degree.
Guilt
A person charged with sexual abuse in the third degree if they subject another person to sexual contact without their permission. Under the law, the victim is not capable of consenting to sexual contact when:
They Are Under 17 Years Of Age
They Are Physically Helpless
They Are Mentally Incapacitated
Examples Of Sexual Abuse
According to New York law, some examples of sexual abuse in the third degree include:
Ejaculating On Another Person
Touching The Breast, Buttocks, Penis Or Vagina Of Another Person
In some cases, defendants have been found guilty after touching a person’s lips and mouth in a sexual way.
Penalties
penal code 130.55 which is a Class B misdemeanor carries the following penalties:
Up To 3 Months Imprisonment
1 Year Probation
Fines Up To $500.00
If convicted, you may also be required to register as a sex offender everywhere you live.
Defense
Being accused of a sex crime is serious and can have a negative impact on your life if you are convicted. You may be required to register as a sex offender and it may be hard to find a new job or a place to live. For these reasons, you must have the best legal representation to help you mount a proper and effective defense. A lawyer may help you by:
Hiring Investigators
Use Forensics To Dispute The Charges
Investigate The Victims Background For Motive
Accusers often have motivation to lie about sexual abuse. Some of the most common reasons for false accusations are:
Child Custody Cases
Lying When Sex Was Consentual
Accusing Someone To Gain Financial Advantage
If law enforcement seized any evidence from your home such as computer files or pictures, they must have followed strict guidelines. Failure to do so may lead to the suppression of the evidence gathered by police illegally.
Being accused of sexual abuse in the third degree is a frightening experience. To fight these charges, you must obtain legal counsel with trial experience. If you are facing these charges, contact a criminal defense lawyer today. After evsluating your case, a lawyer will let you know the best way to defend the charges. He may be able to suggest alternative punishment instead of jail time or extended periods of probation. Having the best criminal defense team in your corner throughout the entire legal process is the best way to protect your rights and your freedom.
New York Penal Code 130.65-a: Aggravated Sexual Abuse in the Fourth Degree
As per the New York Penal Code, aggravated sexual abuse in the fourth degree is defined as involving the insertion of a foreign object into a person’s vagina, urethra, penis, rectum, or anus, when that person could not have consented. Similarly, it also applies to any situation in which a physical injury is caused by a finger being inserted into a vagina, urethra, penis, rectum, or anus, and again, with the stipulation that the person could not have consented.
Defining a Foreign Object
In order for someone to be convicted of sexual abuse in the fourth degree, a prosecutor must be able to prove that they used either a finger or a “foreign object” to commit the abuse. What exactly constitutes a foreign object is left intentionally vague by the statute, so that it can include anything ranging from a bottle to a knife.
Consent Requirements
In addition to the foreign object requirements, a prosecutor must also show that the person affected was unable to provide consent. This can apply to someone who was unconscious at the time of the alleged abuse, or was otherwise physically helpless. It’s worth noting that a person’s physical helplessness does not have to be a direct result of the abuser’s actions for it to still apply to the situation.
Aside from physical helplessness, a person who is coerced under the threat of violence or through the use of physical force can also be considered to be unable to provide consent. Similarly, if a person is forced to commit acts as the result of a family or friend being kidnapped, then they are also not able to provide consent.
Finally, anyone who is mentally disabled or otherwise incapable, such as from the consumption of alcohol, is also considered to be unable to provide consent. It’s important to know that if someone is sufficiently mentally disabled, to the point that they cannot properly comprehend sexual acts, then they cannot provide consent under any circumstance. This includes situations in which a mentally disabled person appears enthusiastic about sexual act or even if they are the one to initiate it.
Arrest and Arraignment Process
Since sexual abuse in the fourth degree is considered to be a class E felony, a person arrested for it will not be issued a Desk Appearance Ticket. Instead, the person will be taken to Central Booking, where they will wait for their arraignment hearing.
Depending on the circumstances surrounding a sexual abuse in the fourth degree case, the prosecutor may pursue additional charges, including rape, facilitating sexual abuse with a controlled substance, or any number of other related crimes. The court will then decide
whether the person will be held without bail, or how much bail will be set at. This depends on how much of a flight risk the court deems the person to be and can vary from case to case.
Sexual Abuse Defenses
One of the main defenses in a sexual abuse case is to prove that the alleged victim was actually capable of providing consent and was not physically or mentally helpless.
In the case of aggravated sexual abuse, one of the defenses is to show that the person was not physically injured as a result of the intrusion.
There is also a statutory defense that applies to medical practitioners. If a finger or foreign objected is inserted as a result of a medical examination, then it can act as a defense against sexual abuse charges. In cases like this, it’s worth consulting with NYC criminal attorneys to ensure that the best possible defense is brought forward.