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NY Penal Law 130 – Sex Offenses

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NY Penal Law 130 – Sex Offenses

Sex offenses; definitions of terms

  • Sexual intercourse happens with any sort of penetration, no matter how slight it might be.
  • Oral sexual conduct is contact between either the mouth and the penis, the mouth and the anus, or the mouth and the vagina.
  • Anal sexual conduct is contact between the penis and anus.
  • Sexual contact in general means touching of the sexual parts with the intent of gratifying sexual desire. This can include touching of either individual, or ejaculation by the acting party on the victim.
  • Married refers to the relationship of the acting person and victim as spouses recognized by law.
  • Mentally disabled basically means someone who suffers from a mental illness that makes them unable to understand their conduct.
  • Mentally incapacitated means someone’s temporarily incapable of controlling their behavior because of drugs that have been given to them without their consent.
  • Physically helpless means someone who’s unconscious or isn’t physically able to communicate unwillingness to some sort of act.
  • Forcible compulsion means to compel someone to do something either by physical force or a threat or death or physical harm.
  • Foreign object is something that can cause injury when inserted into the various sexual parts.
  • Sexual conduct is any of the types of intercourse we’ve already defined.
  • Aggravated sexual contact means inserting something into the sexual parts of a child other than for medical reasons.
  • Health care provider is anyone who’s required to be licensed or registered under certain provisions of the law.
  • Mental health care provider means a licensed physician, psychologist, registered professional nurse, or someone else who’s under supervisions of a physician, psychologist, or LCSW.

Sex offenses; lack of consent

Now that we’ve gotten the definitions out of the way, we can talk about the different sex offenses that there are. In every defense we’re going to talk about here, there’s an element that the act was committed without any consent from the victim. This lack of consent can result from forcible compulsion, incapacity to consent, or whenever the crime is either sexual abuse or touching that’s considered forcible, in addition to forcible compulsion or being incapable to consent, where the victim doesn’t accept the acting person’s behavior, or also whenever the crime is rape in the third degree or a criminal sexual act in the third degree, and in addition to that there’s some sort of forcible compulsion where the victim clearly said that they didn’t consent to what was happening, and a reasonable person in this situation would’ve understood these words as a lack of consent. Someone’s incapable of consent when they’re younger than seventeen, mentally disabled, mentally incapacitated, physically helpless, or committed to the care of the department of corrections, and the acting person is an employee who either knows or should know that this person’s been committed to care. This also applies to supervising people who have been released on community supervision and who supervise the victim at the time of the crime.

Sex offenses; limitation; defenses

Now we’ve made it to the final section, the limitation and possible defenses of the various sex offenses. First of all, in any sort of prosecution where the lack of consent is based on the victim being mentally incapacitated or physically helpless, it’s an affirmative defense that the defendant didn’t know about these incapacities and inabilities to consent. Another affirmative defense is that any sort of conduct performed for a valid mental health care or medical reason won’t constitute a violation. Lastly, in any prosecution for rape in the third degree, a criminal sexual act in the third degree, aggravated sexual abuse in the third degree, or sexual abuse in the third degree where incapacity to consent is based on certain circumstances under the law, it’s an affirmative defense that the client consented to this behavior after having been told that this behavior wasn’t performed for medical reasons.

Have you been accused of a sex offense involving a controlled substance? We can help. Recently, there’s been a huge influx of date rape drug cases. Many of them, are false and untrue – yet are investigated by the police. According to NY penal law, a sex offense done by using a controlled substance – is defined as when someone knowingly/unlawfully possesses a controlled substance and uses it to spike someones drink or food. If you give someone a controlled substance, without their consent – and with the intent to have sex, this is a crime. If you have given someone a date rape drug, in the hopes it’ll result in sex – then you’re going to be charged with a class D felony – which is punishable by jail.

This charge is typically accompanied with a number of other charges – such as rape, or even sexual misconduct. It’s rare you’ll find a suspect charged with JUST a sex offense with a controlled substance alone. this crime is considered similar to rape, and as a result – if you’re charged with facilitating a sex offense with a controlled substance – then you need to hire our attorneys. If you’re convicted, you risk going to jail.

We can help

Not everyone charged with the crime is guilty. If you’re accused of this crime, you should not answer any questions until you hire our NYC sex crimes attorney. You have the right to remain silent – use it! Many people are charged with this crime, even though they didn’t do it. Some suspects confess, or say incorrect things – which are later used against them. In many cases, suspects will try to explain what they were doing – and give evidence which is used against them later. If you don’t act smart – this crime cost you your freedom, career, reputation, and family. If you’re arrested, you must ask for an attorney present. If you hire our attorneys, we’ll confer with you before the interrogation and tell you what to say, and what not to say. Never accept deals from the police, or speak to them. These deals will often not be in your favor, and be used against you. Many of these deals will result in you being labeled a sex offender for the rest of your life. Dedicated criminal attorneys can help exonerate you.

Police officers are NOT your friends. They have an obligation to protect the public, and when they’ve arrested you – they are not looking to become your friend. Often, police wrongfully arrest people – which means you need to keep your dignity intact.

New York is a very strict state when it comes to sentences and penalties. Based on the severity, sexual offenses with a controlled substance can result in prison sentences of 1 to 25 years in federal prisons.

NY Penal Law 130 – Types of Sex Crimes

Today we’re going to be talking about NY penal law regarding various sex crimes in the state. First on our list is sexual misconduct.

Sexual misconduct

In order to be guilty of this crime, you have to engage in intercourse with someone else without their consent or engage in oral or anal sex without the other person’s consent, or engage in sexual conduct with either an animal or dead human body. Sexual misconduct is considered a class A misdemeanor.

Rape in the third degree

To be guilty of rape in the third degree, you have to have engaged in intercourse with someone who was incapable of consent because they were younger than seventeen, or if while twenty-one or older they engage in intercourse with someone younger than seventeen, or if they engage in intercourse without the other person’s consent when the lack of consent is due to something other than incapacitation. This crime is a class E felony.

Rape in the second degree

To be guilty of the same crime in the second degree, you have to be eighteen or older and engage in intercourse with someone younger than fifteen, or engage in intercourse with someone who’s mentally disabled or incapacitated. It’s considered an affirmative defense if you were less than four years older than the victim when the act happened. This crime is a class D felony.

Rape in the first degree

For rape in the first degree, you have to engage in intercourse with someone else by forcible compulsion, or with someone who can’t consent because of being physically helpless, with someone who’s younger than eleven, or someone who’s younger than thirteen if you’re eighteen or older. This is a class B felony.

Criminal sexual act in the third degree

You’re guilty of this one if you engage in oral or anal sex with someone who can’t consent because of something other than being younger than seventeen, or if you’re twenty-one or older, you engage in oral or anal sex with someone younger than seventeen, or if you engage in oral or anal sex with someone without their consent because of some reason other than incapacitation. This crime is a class E felony.

Criminal sexual act in the second degree

You’re guilty of this particular crime if you’re eighteen or older and you engage in oral or anal sex with someone younger than fifteen, or if you engage in oral or anal sex with someone who’s mentally disabled or incapacitated. It’s an affirmative defense in this case if you were less than four years older than the victim. With this charge, you’re looking at a class D felony.

Criminal sexual act in the first degree

This crime involves engaging in oral or anal sex with someone by force, or with someone who can’t consent because they’re physically helpless, or someone who’s younger than eleven, or younger than thirteen if you’re eighteen or older. This crime’s a class B felony.

Forcible touching.

Forcible touching involves forcibly touching the sexual parts of someone else to degrade them, or to gratify your sexual desire. It’s also when you subject someone to sexual contact of the same kind while on a bus, train, or other mode of public transport. Forcible touching includes squeezing, pinching, and grabbing, and this charge is a class A misdemeanor.

Persistent sexual abuse

You’d be guilty of this crime if you commit forcible touching or sexual abuse in either the third or second degree and in the last ten years had been convicted two or more times of forcible touching or sexual abuse in either the third or second degree. This is considered a class E felony.

Sexual abuse in the third degree

You’re guilty of this crime if you subject someone to sexual contact without their consent. Only thing is, it’s considered an affirmative defense that this person’s lack of consent was because of “incapacity of consent” because they were younger than seventeen, and that the other person was older than fourteen, and you were less than five years older than the other person. This is a class B misdemeanor.

Sexual abuse in the second degree

To be guilty of this one, you’d have to subject someone to sexual contact when the other person is incapable of consent for a reason other than being younger than seventeen, or if they were younger than fourteen. This is a class A misdemeanor.

Sexual abuse in the first degree

Guiltiness for this crime would be determined by whether you subject someone else to sexual contact by force, or when the other person can’t consent because of physical helplessness, or when the other person’s younger than eleven, or when the other person’s younger than thirteen and you’re twenty-one or older. This crime is a class D felony.

Aggravated sexual abuse in the fourth degree

This crime applies if you insert a foreign object into someone’s sexual parts and that person can’t consent for some reason other than being younger than seventeen, or you insert a finger into the sexual parts of someone who can’t consent for a reason other than being younger than seventeen. It’s important to note that conduct that’s done for valid medical purposes doesn’t violate these provisions. This one is considered a class E felony.

Aggravated sexual abuse in the third degree

You’re guilty of this crime when you insert a foreign object into someone’s sexual parts either by force, when the other person’s physically helpless, or when they’re younger than eleven. You’re also guilty of this if you insert a foreign object into someone else’s sexual parts and cause physical injury to someone who can’t consent because of mental disability. Again, conduct done for medical reasons doesn’t count. This is a class D felony.

Aggravated sexual abuse in the second degree

You’re guilty of this particular crime when you insert a finger into someone’s sexual parts and cause them injury by force, when they’re physically helpless, or when they’re younger than eleven. Conduct done for medical purposes also doesn’t apply here. This crime is a class C felony.

Aggravated sexual abuse in the first degree

To be guilty of this charge you’d have to have inserted a foreign object into the sexual parts of someone else, causing that person injury by force, or when they’re physically helpless, or when they’re younger than eleven. Again, things done for medical reasons don’t apply. Aggravated sexual abuse in the first degree is a class B felony.

Course of sexual conduct against a child in the first degree

You’re guilty of this when over a period of time no less than three months, you engage in two or more acts of sexual conduct with a child younger than eleven, or, being eighteen or older, you engage in two or more acts of sexual misconduct with a child younger than thirteen. You can’t be prosecuted for any other sex offense involving the same victim unless the other charge happened outside of that time period describe. This is a class B felony.

Course of sexual conduct against a child in the second degree

For this crime, to be guilty you’d have to have, over a period of time no less than three months, engage in two or more sexual acts with a child younger than eleven, or, being eighteen or older engage in two or more acts of sexual conduct with a child younger than thirteen. Again, you can’t be prosecuted for any other sex offense involving the same victim unless the other charge happened outside of that time period describe. This crime is a class D felony.

 

 

 

 

NY Penal Law 130 – Sex Offenses

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