Sex crimes in New York remain complex legal matters that always call for the services of a qualified attorney. Defending your innocence against any kind of sex offense in NYC remains an incredibly serious matter, where prosecutors have historically shown very little leniency in such cases.
Defending your innocence in such matters should begin the moment you are arrested or investigated for such crimes. Take these matters seriously and look to an attorney who can craft a legal defense and help to reduce the legal consequences you are facing.
How New York Law Defines Sex Crimes
Article 130 of New York’s criminal code articulates the many different sex offenses you can be charged and convicted of.
It also carefully defines both “sexual contact” and “sexual conduct,” working to classify criminal matters with important context.
- Sexual contact is defined as “any touching of the sexual or other intimate parts of a person for the purpose of gratifying the sexual desire of either party.” It also includes “the touching of the actor by the victim, as well as the touching of the victim by the actor, whether directly or through clothing, as well as the emission of ejaculate by the actor upon any part of the victim, clothed or unclothed.”
- Sexual conduct is “vaginal sexual contact, oral sexual contact, anal sexual contact, aggravated sexual contact, or sexual contact.”
Lack of consent remains a core element of any kind of sex crime here in New York. It states that it is “an element of every offense” that “the sexual act was committed without consent of the victim” resulting from “forcible compulsion” or “incapacity to consent.” In cases of sexual abuse or forcible touching, it also includes when the victim “does not expressly or impliedly acquiesce in the actor’s conduct.”
In New York, a person can be incapable of consenting when they are less than seventeen years old, mentally disabled, mentally incapacitated, or physically helpless.
It can also include instances when an individual is in the care of another, under supervision or custody of a prison or hospital, or in instances where an individual is under the supervision of a police officer or probation department.
Section 130.05 of New York’s criminal code goes into greater detail regarding consent and the dynamics between the victim and the accused. These cases often rely on the interpretation of the law and the credibility of the victim. Every detail of your criminal case will be carefully investigated, including the victim’s ability to consent, along with factors like age, force, and context.
Forcible Touching in New York
Forcible touching in New York is a class A misdemeanor and occurs when a “person intentionally, and for no legitimate purpose,” “ forcibly touches the sexual or other intimate parts of another person for the purpose of degrading or abusing such person, or for the purpose of gratifying the actor’s sexual desire.”
It can also occur when a person “subjects another person to sexual contact for the purpose of gratifying the actor’s sexual desire and with intent to degrade or abuse,” including instances when the victim “is a passenger on a bus, train, or subway car operated by any transit agency, authority or company, public or private, whose operation is authorized by New York state or any of its political subdivisions.”
Forcible touching can include squeezing, grabbing, or pinching. Further, intimate parts include genitals, anus, buttocks, and female breasts below the areola. This type of offense can occur in several different scenarios, including workplaces, places offering public transportation, in the home, in public, or at social gatherings.
While forcible touching is considered one of the “lesser” crimes according to New York’s criminal code, it can have life-changing consequences. Conviction could result in a year in prison, but also your inclusion in a sex offender registration list, and your name appearing in an employer’s criminal background check. These consequences will likely impact your ability to find housing or meaningful employment opportunities well past your conviction. A qualified Forcible Touching Lawyer NYC can help you navigate these legal challenges and craft a defense that is unique to your case.
Sexual Abuse Charges in New York Explained
There are multiple degrees of sexual abuse charges in New York, ranging in severity, each with varying legal consequences. Each charge considers the full context of the crime, including many different factors.
Sexual Abuse in the Third Degree
As a Class B misdemeanor, sexual abuse in the third degree includes non-consensual sexual contact, occurring when a person “subjects another person to sexual contact without the latter’s consent.”
Sexual Abuse in the Second Degree
Sexual abuse in the second degree is a Class A misdemeanor and occurs when a person “subjects another person to sexual contact and when the person is incapable of consent by reason of some factor other than being less than seventeen years old” or is “less than fourteen years old.”
Sexual Abuse in the First Degree
A class D felony, sexual abuse in the first degree occurs when “a personsubjects another person to sexual contact by forcible compulsion” or when a person is “incapable of consent by reason of being physically helpless,” when a person “is less than eleven years old” or “when the other person is less than thirteen years old and the actor is twenty-one years old or older.”
Sexual Misconduct Under New York Law
Sexual misconduct is a commonly misunderstood charge in New York, often seen in casual acquaintance or dating situations when prosecutors allege non-consensual sex but lack proof for rape charges.
This charge is a class A misdemeanor and occurs when a person engages in:
- “vaginal sexual contact with another person without such person’s consent.”
- “oral sexual contact with another person without such person’s consent.”
- “anal sexual contact with another person without such person’s consent.”
- “sexual conduct with an animal or a dead human body.”
Rape and Criminal Sexual Act Charges in NYC
Considered highly severe criminal matters, rape charges in New York are all felony matters classified across three different degrees of severity, ranging from third degree to first degree rape. Many different contextual factors can elevate these crimes into more severe matters, including whether or not force was used, the victim’s age, their ability to consent, and whether or not they were incapacitated.
Federal and state prosecutors in rape cases are known for their aggressive legal tactics, where evidence surrounding the case will dictate its outcomes. A rape defense lawyer NYC will need to carefully gather evidence for your case, including physical, digital, and testimonial evidence.
Felony conviction of such crimes can result in years of time in prison, but also a lifetime inclusion in a sex offender registry list that will impact your life forever. The moment you are accused of or investigated for such crimes is the moment you need legal representation.
Sex Crimes Involving Minors
Any sex crime committed against minors could come with enhanced legal penalties
There are three criminal charges exclusive to such criminal matters involving children, according to New York Law
- Course of sexual conduct against a child in the first degree.
- Course of sexual conduct against a child in the second degree.
- Predatory sexual assault against a child.
These charges include endangering the welfare of a child and will likely have overlapping consequences related to family court matters, including child custody. Child Protective Services will conduct deep investigations into these matters, sometimes resulting in further criminal charges.
Internet-Based and Technology-Related Sex Crimes
New York’s criminal law has evolved to address sex crimes involving the internet and technology. These crimes consider the accused’s intent and can come with varying legal consequences depending on the circumstances of the case.
- Section 245.15 of New York’s criminal code addresses the unlawful dissemination or publication of an intimate image, often generally referred to as “revenge porn.”
- Section 250.45 includes details about the crime of unlawful surveillance in New York.
- Sexting-related offenses are often prosecuted under Section 250.45, but could also include criminal matters related to child pornography.
Digital evidence will play a significant role in these internet-based criminal cases. Consider retaining legal counsel of a Revenge Porn Lawyer or Unlawful Surveillance Lawyer.
Consequences Beyond Jail or Prison
Conviction of any of the crimes mentioned earlier extends well beyond the courtroom. Even after you serve your time in prison, your criminal record will follow you for years to come. The appearance of your name on criminal record checks will complicate your life for the foreseeable future, while your inclusion in the Sex Offender Registration (SORA) will result in a lifetime of embarrassment. Employers will often refuse to hire you due to your criminal past, and you could face extended immigration consequences due to your conviction.
Further, the social and reputational harm can be extensive, where anyone can quickly share the details of your crimes on social media. Should you be facing such charges, you should know that your very livelihood is at stake.
False Allegations and Consent Disputes
Even if you believe that the criminal case against you is a misunderstanding or is entirely fabricated, the truth is that without the right legal representation, you could face several years in prison and a lifetime of additional legal consequences. Accusations against you in long-term relationships should be treated as a serious legal matter, where early legal representation can work to preserve your innocence.
In instances of delayed reporting or historical sexual abuse cases, retaining legal representation as soon as possible can help you navigate these charges. The process begins as soon as possible, where an attorney can guide you and review the evidence against you. Building a legal defense to these crimes remains highly complex, requiring your attorney to consider every detail of your case and formulate a defense that is unique to you.
Take The Time to Understand The Criminal Charges Against You
Many clients often misunderstand the severity of misdemeanor crimes. Just because it is considered a “lesser” charge, it can still have life-changing consequences. Work directly alongside your attorney to understand what is at stake and the legal options available to you. Early intervention on behalf of your attorney remains highly important. Don’t hesitate to contact an attorney, and instead, work alongside them to build a legal defense that could help you lessen, or potentially, eliminate the legal consequences you are facing.
Sex crimes remain highly complex and could include overlapping charges against you, impacting every detail of your life. Misdemeanor sex crimes can have significant legal consequences, and should be taken seriously the moment you are arrested or investigated.
Connect Directly With A Criminal Defense Attorney
Educate yourself on the complexities of charges and reach out to the team at Rendelman Law to better understand your case. We offer free consultations for new clients, working to help you better understand your case, but also help you make informed decisions about your legal representation.
The information within this webpage is strictly educational and is not legal advice.
Seek out qualified legal representation and build a legal defense that is unique to you and your case. You are not the first person to make such mistakes. You have the legal right to fair and qualified representation. Exercise that right and begin the process of protecting your reputation as soon as reasonably possible. Look to those who are experienced and qualified in New York’s criminal law to represent you and your best interests. Should you be unable to connect with an attorney or law firm, request that a close friend or family member reach out on your behalf.
New York, NY 10017
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