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New York Penal Code %c2%a7 130 45 Criminal Sexual Act Second Degree

By Spodek Law Group | July 17, 2023
(Last Updated On: July 22, 2023)

Last Updated on: 22nd July 2023, 06:39 pm

Demystifying New York Penal Code § 130.45 – Criminal Sexual Act in the Second Degree

Let’s get real for a moment. Discussing laws surrounding sexual crimes makes most people uncomfortable. But avoiding these tough conversations helps no one.

As a New York criminal defense lawyer, I’ve handled numerous sex offense cases over the past 15+ years. In this article, I’ll provide a straightforward overview of Penal Code § 130.45 – Criminal Sexual Act in the Second Degree. My goal is to explain the law in simple terms so citizens understand what behavior it prohibits.

Ready? Let’s dive in.

The Basics

New York Penal Code § 130.45 is one of the state statutes specifically criminalizing certain sexual behaviors without consent.

The law states: A person is guilty of criminal sexual act in the second degree when he or she engages in oral or anal sexual conduct with another person who is incapable of consent by reason of being less than seventeen years old.

Breaking this down:

  • Applies to oral or anal sex acts (not just intercourse)
  • Victim must be under 17 years old (thus legally incapable of consent)
  • Defendant’s exact age is irrelevant under this statute

The crime does not require force – simply the sexual activity itself with a minor is illegal. Let’s explore further with some examples.

Examples in Practice

Unfortunately, the ways this law gets broken extend far beyond the stereotypical “predator” scenarios:

Teacher & Student – A 28-year-old teacher engages in oral sex with a 16-year-old student. This violates § 130.45 regardless of whether the student consented.

Boyfriend & Girlfriend – A 20-year-old boyfriend has anal sex with his willing 16-year-old girlfriend. Again, the consent is irrelevant under this statute since the victim is under 17.

One-Time Encounter – A 22-year-old adult meets a 15-year-old teen at a party. They engage in oral sex willingly that same night. This one-time act violates § 130.45.

The common thread is the sexual activity itself – not whether it was consensual, forced, or part of an ongoing relationship. Any such acts with a minor under 17 break this law.

Relationship with Other Statutes

Penal Code § 130.45 is not the only statute governing sex with minors in New York. Others include:

  • § 130.25 – Criminal Sexual Act 1st Degree (victim under 15)
  • § 130.30 – Criminal Sexual Act 2nd Degree (victim under 14)
  • § 130.40 – Criminal Sexual Act 3rd Degree (victim under 17)
  • § 130.05 – Sex Offenses; Lack of Consent
  • § 130.20 – Sexual Misconduct

Prosecutors can often charge multiple crimes at once depending on circumstances. The degrees relate to factors like the victim’s exact age, the nature of the sexual act, and use of force.

It’s a complex web – which is why skilled defense counsel is so critical.

Penalties If Convicted

Now for the difficult part – potential penalties if convicted under § 130.45:

  • Class D Violent Felony
  • Up to 7 years in state prison
  • Up to $5,000 in fines
  • Sex offender registration

And that’s just the criminal system. Civil lawsuits, divorce, loss of professional licenses, and public shaming often follow as additional consequences.

Simply being accused under § 130.45 can devastate families, careers and entire lives. mounting an aggressive defense is critical.

Fighting the Charges

If you or a loved one have been accused of violating Penal Code § 130.45, stay calm and get experienced legal help immediately. As a former Manhattan prosecutor, I know these cases inside and out from both perspectives.

Though the laws are complex, winning strategies exist to fight the charges, such as:

  • Consent defense – arguing the accuser lied about their age
  • Mistake of age defense – reasonably believing they were 17+ years old
  • Weak physical evidence that a sex act occurred
  • Credibility issues with the accuser or witnesses

An adept NY sex crimes attorney knows how to exploit every weakness and inconsistency to raise reasonable doubt of guilt. But the clock is ticking – call for help now before it’s too late.

If you have any questions on Penal Code § 130.45 or are facing prosecution, contact me directly for a free case evaluation:

I’ve spent my career defending clients against allegations like these. Let me put that experience and insight to work protecting your future.

But don’t wait – your defense starts now. Reach out 24/7 for emergency legal help. I’m here to fight for you.

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