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New York Penal Code %c2%a7 130 75 Course Sexual Conduct Child First Degree

By Spodek Law Group | July 17, 2023
(Last Updated On: July 27, 2023)

Last Updated on: 27th July 2023, 04:35 pm

Understanding New York’s Laws on Course of Sexual Conduct Against a Child

New York has strict laws prohibiting sexual contact with children under the age of 11. One such law is Penal Code § 130.75, which makes it a felony to engage in two or more acts of sexual conduct with a child less than 11 years old over a period of time not less than three months in duration. This offense carries some of the most severe penalties under New York law.

Definition of Course of Sexual Conduct

Under § 130.75, a person is guilty when they engage in two or more acts of sexual conduct with a child less than 11 years old over a period of at least three months.

Acts of sexual conduct include:

  • Sexual intercourse
  • Oral sexual conduct
  • Anal sexual conduct
  • Aggravated sexual contact – this covers sexual touching of intimate body parts either directly or through clothing for the purpose of sexual gratification.

The acts of conduct do not need to be the same each time, just sexual in nature. And the three-month timeframe does not need to be continuous, just add up to at least three months.

This charge is very serious, as it indicates an ongoing pattern of sexual abuse against a very young child. Just a single act can potentially be prosecuted under other statutes related to sex crimes or child endangerment.

Potential Defenses

Fighting allegations under § 130.75 requires disproving that any sexual conduct took place. Some possible defenses include:

  • False accusations – The accuser is making up the allegations entirely.
  • Mistaken identity – The defendant is not the person who committed the acts.
  • Lack of opportunity – The defendant did not have access to the child during the timeframe.

In some cases, an attorney may argue that while inappropriate contact occurred, it did not actually meet the definition of “sexual conduct” under the law. Or they may dispute that the acts spanned three months.

An experienced criminal defense lawyer can carefully examine the accusations to identify any factual errors or lack of evidence to undermine the charges.

Penalties for Conviction

A conviction under PC § 130.75 leads to very harsh punishments, including:

  • Class B felony – Up to 25 years in prison
  • Potential lifetime probation supervision
  • Registration as a level three sex offender – Highest risk category

In many cases, probation lasts at least 10 years and potentially the remainder of the defendant’s life. The court can also issue orders of protection prohibiting contact with the victim.

Registered sex offenders face many restrictions and stigma. Their photos and addresses are publicly listed, limiting housing and job options. And level three offenders must report in-person every 90 days.

New York has several other statutes related to sexual offenses against children, including:

  • § 130.80 – Course of sexual conduct against a child in the second degree (victim under age 11)
  • § 130.30 – Rape in the second degree (victim under age 14)
  • § 130.45 – Criminal sexual act in the second degree (oral or anal sexual conduct with victim under age 14)
  • § 130.60 – Sexual abuse in the second degree (sexual contact with victim under age 14)

The potential penalties depend on the child’s age, specific acts, and other circumstances. But all such charges must be taken very seriously.

Experienced NY Sex Crimes Defense Attorney

Allegations of sexual misconduct with a child can completely devastate a person’s life. But attorney Todd Spodek of Spodek Law Group has successfully defended clients against some of the most serious sex crime charges in New York. With over 45 years of experience, he knows how to thoroughly assess the prosecution’s evidence and build the strongest possible defense.

Don’t leave your fate up to chance. Reach out now for dedicated legal representation. Call 212-300-5196 24/7 or contact the firm online for a free case review. The sooner an attorney gets involved, the better the chances of getting charges reduced or dismissed.

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