New York Statutes On Sexual Abuse  

Article 130 of the New York Penal Law encompasses sex offenses. There are ten (10) statutes specifically dealing with sexual abuse. The charges you will face are determined by the particular circumstances of your case. The penalties for these offenses vary in severity, but each charge presents a host of challenges and difficulties. The first of these charges is the crime of sexual misconduct.

1. Sexual misconduct is defined at NY PL § 130.20. 

Sexual misconduct is a class A misdemeanor, punishable by up to one (1) year in jail and a fine not to exceed $1,000. Under this statute, you commit the crime of sexual misconduct when you:

• Engage in sexual intercourse with another person who has not given consent;
• Engage in oral or anal sexual conduct with another person who has not given consent; or
• Engage in sexual conduct with an animal or human corpse.

2. Persistent sexual abuse is defined at NY PL § 130.53.

Persistent sexual abuse is a class E violent felony, punishable by up to four (4) years in jail and fines. Under this statute, you commit the crime of persistent sexual abuse when you:

Commit the crimes of forcible touching or sexual abuse in the second or third degree, and you have been convicted two or more separate times in the past ten (10) years of forcible touching or sexual abuse in the second or third degree.

3. Sexual abuse in the third degree is defined at NY PL § 130.55.

Sexual abuse in the third degree is a class B misdemeanor, punishable by up to three (3) months in jail and a fine not to exceed $500. Under this statute, you commit the crime of sexual abuse in the third degree when you:

Subject another person to sexual contact, without that person’s consent. There is an affirmative defense available if the person failing to give consent is due entirely to the person being under seventeen (17) years old but over fourteen (14) years old, and you were less than five years older than the non-consenting person.

4. Sexual abuse in the second degree is defined at §130.60. 

Sexual abuse in the second degree is a class A misdemeanor punishable by up to one (1) year in jail and a fine not to exceed $1,000. Under this statute, you commit the crime of sexual abuse in the second degree when you:

• Subject another person to sexual conduct and that other person is:

o   Not capable of consenting for a reason other than being under seventeen (17) years old; or

o   Under fourteen (14) years old.

5. Sexual abuse in the first degree is defined at § 130.65. 

Sexual abuse in the first degree is a class D violent felony, punishable by seven (7) years in jail and a fine. Under this statute, you commit the crime of sexual abuse in the first degree when you subject another person to sexual contact:

• Through compulsion or force;
• While the other person is physically helpless, and therefore incapable of consenting;
• When the other person is under eleven (11) years old; or
• When the other person is under thirteen (13) years old, and you are twenty-one (21) years old or older.

6. Aggravated sexual abuse in the fourth degree is defined at NY PL § 130.65-a. 

Aggravated sexual abuse in the fourth degree is a class E violent felony, punishable by up to one (1) year in jail and a fine not to exceed $1,000. Under this statute, you commit the crime of aggravated sexual abuse in the fourth degree when:

• You insert a foreign object into the anus, rectum, vagina, penis, or urethra of another person who is incapable of consent for a reason other than being less than seventeen (17) years old; or
• You insert your finger into the anus, rectum, vagina, penis, or urethra of another person who is incapable of consent for a reason other than being less than seventeen (17) years old, and you cause physical injury to that person.

o   If these actions are performed for a valid medical purpose, the defendant will not be deemed to have committed the crime.

7. Aggravated sexual abuse in the third degree is defined at NY PL § 130.66.

Aggravated sexual abuse in the third degree is a class D violent felony, punishable by seven (7) years in jail and a fine. Under this statute, you commit the crime of aggravated sexual abuse in the third degree when you:

• Insert a foreign object into the anus, rectum, vagina, penis, or urethra of another person:

o   Through forcible compulsion;

o   That is physically helpless, and therefore incapable of consenting; or

o   That is less than eleven (11) years old.

• Insert a foreign object into the anus, rectum, vagina, penis, or urethra of another person who is incapable of consent due to being mentally incapacitated or disabled, and you cause physical injury to that person.

o   If these actions are performed for a valid medical purpose, the defendant will not be deemed to have committed the crime.

8. Aggravated sexual abuse in the second degree is defined at NY PL § 130.67. 

Aggravated sexual abuse in the second degree is a class C violent felony, punishable by up to fifteen (15) years in jail and a fine. Under this statute, you commit the crime of aggravated sexual abuse in the second degree when you:

Insert a finger into the anus, rectum, vagina, penis, or urethra of another person, and you cause physical injury to that person:

• Through forcible compulsion;
• When that person is physically helpless, and therefore incapable of consenting; or
• When that person is under eleven (11) years old
  • If these actions are performed for a valid medical purpose, the defendant will not be deemed to have committed the crime.

9. Aggravated sexual abuse in the first degree is defined at NY PL § 130.70. 

Aggravated sexual abuse in the first degree is a class B violent felony, punishable by up to twenty-five (25) year in jail and a fine. Under this statute, you commit the crime of aggravated sexual abuse in the first degree when you:

Insert a foreign object into the anus, rectum, vagina, penis, or urethra of another person, and you cause physical injury to that person:

• Through forcible compulsion;
• When that person is physically helpless, and therefore incapable of consenting; or
• When that person is under eleven (11) years old
  • If these actions are performed for a valid medical purpose, the defendant will not be deemed to have committed the crime.

10. Predatory sexual assault is defined at NY PL § 130.95. 

Predatory sexual assault is a class A-II felony, punishable by a maximum of life in jail without the possibility of parole. Under this statute, you commit the crime of predatory sexual assault when you:

Commit the crime of course of sexual conduct against a child in the first degree, aggravated sexual abuse in the first degree, a criminal sexual act in the first degree, or rape in the first degree and:

• During the commission of the crime you:
  • Cause the victim serious physical injury; or
  • Threaten to use or do in fact use a dangerous instrument

• Committed any of the above-listed crimes against multiple people; or
• You had been convicted of any article 130 felony, incest, or the use of a child in a sexual performance previously.

Federal Statutes On Sexual Abuse 

Federal law also addresses sexual abuse crimes. Under Title 18 of the United States Code, the crimes of sexual abuse, aggravated sexual abuse, sexual abuse of a minor or ward, and abusive sexual contact. 18 U.S.C. §2242 outlines the crime of sexual abuse. This crime is committed when you coerce another into engaging in a sexual act with you through an immediate threat of force.

This crime is also committed when you engage in a sexual act with a person who is unable to understand the nature of the conduct, or is physically incapable of consenting or has affirmatively communicated an unwillingness to engage in the act. This crime carries the possibility of life in prison.

• 18 U.S.C. § 2241 outlines the crime of aggravated sexual abuse.

You commit this crime when you knowingly cause another person to engage in a sexual act with you either by using force or the immediate threat of force.

This crime is also committed when you cause a person to be unconscious and subsequently engage in a sexual act with that person, or when you forcefully administer a controlled substance that impairs that person’s ability to control themselves, and you engage in a sexual act with them. This crime carries the possibility of life in prison.

• 18 U.S.C. § 2243 outlines the crime of sexual abuse of a minor or ward.

This crime is committed against a minor when the person with whom you engage in a sexual act is between the ages of twelve (15) and fifteen (15) or is four or more years younger than you. This crime is committed against a ward when the victim in officially detained and the perpetrator is an individual with authority over the victim. This crime is punishable by up to fifteen (15) years in prison.

• 18 U.S.C. §2244 outlines the crime of abusive sexual contact. 

This statute lays out the specific instances where knowingly engaging in sexual contact with another person in violation of other subsections of the title would constitute abusive sexual contact. The penalties range from less than two (2) years in jail to life. With such major penalties possible, it is essential to get an expert legal mind on your side as soon as possible.

Related Crimes Under New York Law 

There are multiple other crimes listed under article 130 of the New York Penal Law. The most serious among these is the crime of rape. Under New York, law rape is committed in either the third, second, or first degree. Each of these crimes is explained below.

Rape in the third degree is defined at NY PL § 130.25. 

Rape in the third degree is a class E felony. Under this statute, you commit the crime of rape in the third degree when you:

• Engage in sexual intercourse with a person who is not capable of consenting due to a reason other than being under seventeen (17) years old;
• Being over twenty-one (21) years old, you engage in sexual intercourse with a person under the age of seventeen (17); or
• Engage in sexual intercourse with a person who has not consented, and the reason for this lack of consent is something other than incapacity.

Rape in the second degree is defined at NY PL § 130.30. 

Rape in the second degree is a class D felony. Under this statute, you commit the crime of rape in the second degree when you:

• Being over eighteen (18) years old, you engage in sexual intercourse with another person who is under the age of fifteen (15); or
• Engage in sexual intercourse with another person who is not capable of consenting due to being mentally incapacitated or disabled.

Rape in the first degree is defined at NY PL § 130.35. 

Rape in the first degree is a class B felony. Under this statute, you commit the crime of rape in the first degree when you have sexual intercourse with another individual:

• Through force or compulsion;
• Who is physically helpless, and therefore incapable of giving consent;
• Who is under eleven (11) years of age; or
• Who is under thirteen (13) years old, and you are over eighteen (18) years old.

Defenses For Sexual Abuse In New York 

There are several defenses that may be available to combat charges of sexual abuse. In a situation of lack of consent based on mental or physical disability, it is an affirmative defense that you did not know the conditions surrounding the reason for the incapacity to consent. Any conduct that is performed as part of a valid mental or physical health examination is not considered a violation of the laws under this article.

Furthermore, if the victim consents to the conduct after being informed, it is not being performed for a valid medical purpose, it shall not be considered a violation of the statutes. Also, in certain situations, a marital relationship between the parties will act as a defense to the crime. In order to ensure the highest likelihood of a successful defense, it is important to retain a knowledgeable attorney as soon as possible.

We Are Here To Help, Call Us Now! 

Sexual abuse is a serious criminal offense with serious legal and non-legal consequences. If you have been charged with a sexual abuse crime, you are at risk of losing your freedom for an extended period of time as well as substantial sums of money and irreparable damage to your reputation. Copious amounts of resources are dedicated to sexual abuse at all levels of government.

Shouldn’t you have an experienced legal professional fighting on your behalf? Any small slip up during the investigation phase can lead to adverse results for you, so be sure to have someone on your side who knows the ins and outs of these types of matters.

For any questions about sexual abuse in New York, or to have a confidential consultation with one of our knowledgeable criminal defense attorneys, please reach out to use today. We have a nearby office that will be able to assist you.