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May 1, 2017

New York Penal Code 130.90: Facilitating a Sexual Offense with a Controlled Substance

The New York Penal Code includes a crime known as facilitating a sexual offense with a controlled substance. The crime is classified in the New York Penal Code as a class D felony. Because of the classification of this crime, penalties upon conviction for facilitating a sexual offense with a controlled substance can be significant.

Elements of Facilitating a Sexual Offense with a Controlled Substance

According to the New York penal code, the crime of facilitating a sexual offense with a controlled substance occurs when a controlled substance is administered to another person, without that individual’s consent. The controlled substance is administered in this manner in order permit the perpetrator the ability to commit a felony sex offense against the victim. The sexual offense need only be attempted, rather than consummated, in order for a person to be deemed guilty of facilitating a sexual offense with a controlled substance.

Examples of Facilitating a Sexual Offense with a Controlled Substance

A common example of facilitating a sexual offense with a controlled substance is a man providing a woman with a mind-altering, controlled substance to leave her incapable to stopping a sexual act. For example, a so-called date-rape drug can be slipped into an unsuspecting victim’s drink. Once the drug takes effect, the perpetrator engages in a sexual act with the victim, who has been rendered essentially powerless to stop the activity because of the drug.

Another example, and a more aggravated scenario, involves the use of a controlled substance as a means of facilitating a sexual offense against a minor. For example, an adult could provide a minor with a controlled mind-altering substances as a prelude to taking sexual advantage of that minor child.

Sentence for Facilitating a Sexual Offense with a Controlled Substance

Classified as a class D felony, a person convicted of this charge faces up to seven years in prison. The reality is that this is rarely the only charge a person faces. For example, a person may be charged with facilitating a sexual offense with a controlled substance and rape or some other crime. This will result in a significant sentence, indeed one with multiple terms that might even run consecutively to one another.

The penalties associated with facilitating a sexual offense with a controlled substance do not end with a release from prison. Under New York law, a person will be placed on probation after release from prison. In addition, a person will have to register on the sex offender registry for upwards to 20 years.

Defenses for Facilitating a Sexual Offense with a Controlled Substance

There are some defenses that a skilled, experienced NYC criminal lawyer can mount in a case. One defense is that a controlled substance was not used. The law lists the mind-altering substances that underpin a charge of facilitating a sexual offense with a controlled substance.

Another defense would be the complaining witness has provided false information that lead to the charge of facilitating a sexual offense with a controlled substance. If the alleged victim consented to the sexual act, and was capable of consenting, a person would have a defense to facilitating a sexual offense with a controlled substance.

A person facing an investigation for facilitating a sexual offense with a controlled substance is wise to take a proactive stance in retaining defense counsel. A criminal defense lawyer will schedule what is known as a preliminary consultation to discuss a case with a prospective client. The lawyer will provide a case evaluation. There is no attorney fee charged for an initial consultation in a facilitating a sexual offense with a controlled substance case.

New York Penal Code 130.90: Facilitating a Sexual Offense with a Controlled Substance

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Astoria, NY 11106

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Brooklyn, NY 11201

Phone

888-977-6335

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