New York Penal Code 130.80: Course of Sexual Conduct Against a Child in the Second Degree

New York Penal Code 130.80: Course of Sexual Conduct Against a Child in the Second Degree

The New York Penal Code includes a number of laws regarding sex crimes against children. There are two provisions that address the crime of course of sexual conduct against a child. The crime of course of sexual conduct against a child in the second degree is one such crime.

Keep in mind that oftentimes a person will not only be charged with course of sexual conduct against a child in the second degree. Rather, this will be one of the criminal charges brought against a person in a criminal prosecution.

Elements of Course of Sexual Conduct Against a Child in the Second Degree

There at two general instances in which a person can be charged with the crime of sexual conduct against a child in the second degree. First, a sexual conduct against a child in the second degree charge can occur if a person engages in two or more acts of sexual conduct with a child less than 11 years of age within a three month period of time.

Second, a sexual conduct against a child in the second degree charge can be presented if a person is at least 18 and engages in two or more acts of sexual conduct with a child who is less than 13 years of age within a three month time period.

The New York Penal Code defines acts of sexual conduct for the purposes of sexual conduct against a child in the second degree to include sexual intercourse, oral sexual acts, anal sexual conduct, aggravated sexual contact, or other sexual contact.

Example of Course of Sexual Conduct Against a Child in the Second Degree

An example of sexual conduct against a child in the second degree is a situation in which the a woman’s boyfriend babysits for her daughter with regularity. As part of the babysitting assignment, the boyfriend bathes the 10-year old girl.

Each time when the boyfriend, an adult, bathes the minor girl, he rubs the girl’s vaginal area with his fingers. Ultimately, the girl tells the mother of what has been occurring. The boyfriend can be charged with sexual conduct against a child in the second degree, among other potential offenses.

Sentence for Course of Sexual Conduct Against a Child in the Second Degree

sexual conduct against a child in the second degree is classified as a class D felony in the New York Penal Code. As a result, a person convicted of sexual conduct against a child in the second degree faces the prospect of seven years in prison. When convicted of sexual conduct against a child in the second degree, a person will also have to registry on the sex offender registry for a period of 20 years.

Defenses to Course of Sexual Conduct Against a Child in the Second Degree

An experienced NYC criminal attorney can raise potential defenses to a charge of sexual conduct against a child in the second degree. The most effective defenses may involve time and age issues. For example, the statute does include specific provisions regarding both the age of the victim and the age of the perpetrator.

In addition, New York law includes what is known as a statute of limitations. This establishes a specific timeframe within which a person must be prosecuted for sexual conduct against a child in the second degree. If that time period has lapsed, a defense can be made that it is too late to bring the case.

A New York criminal defense attorney can provide a case evaluation during an initial consultation with a prospective client. There usually is no fee charged for an initial consultation.

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