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Sex Offenses in NY
Under New York law, sexual abuse involves sexual contact without consent committed against another. The lowest charge related to this is third-degree sexual abuse. This crime can be elevated to a more serious charge based on the circumstances, such as the alleged victim’s age as well as when the victim is physically helpless. The least offensive sexual abuse crime is charged as a Class B misdemeanor punishable by up to three months of incarceration and/or a fine of up to $500. The crime of “forcible touching” is more serious and is charged as Class A misdemeanor punishable by up to a year in prison and/or a fine of up to $1,000.
What are the Different Types of Sex Offenses You Can Be Charged For
Other New York sex offenses include:
- Sexual misconduct
- Various degrees of rape
- Criminal sexual acts
- Aggravated sexual abuse
- Sexual conduct/assault against a child
- And more
What are the Penalties for Sexual Assault Crimes
The charges for these crimes will vary depending on the type of crime. For example, rape in the first degree is charged as a Class B felony punishable by up to 25 years in prison and is considered a “violent” felony. It includes sexual intercourse with a child below the age of 11, sexual intercourse with a child below the age of 13 by someone at least 18, sexual intercourse committed by forceful coercion, or sexual intercourse with someone in a helpless condition, such as when unconscious from drugs or alcohol.
Aside from prison time, fines, and probation, sex crime convictions can make sex offender registration mandatory under New York’s Sex Offender Registration Act.
How Is Sexual Contact Defined in New York
Sexual assault is an umbrella term that covers a range of New York unlawful sexual contact offenses committed against another without their consent. New York Penal Code Section 130 defines sexual contact as “touching of the sexual or other intimate parts of a person for the purpose of gratifying sexual desire of either party.”
This law goes on to cover various sex offenses as well. These are extremely serious offenses that carry not only criminal penalties but a social stigma that can follow you for the rest of your life.
What is the Age of Consent in New York?
The age of consent is the minimum age at which a person is considered legally of age to consent to engage in sexual activity. In New York, the age of consent is 17 years old.
Therefore, anyone who is 16 years old or younger in New York cannot legally consent to sexual activity. If someone engages in consensual sexual activity with a person under 17 years of age, they violate the state’s statutory rape law.
Unlike some states, New York does not have a close-in-age exemption. Also known as “Romeo and Juliet laws,” these exemptions protect individuals who are significantly close in age to each other, and one or both partners are younger than the age of consent.
If you have been accused of a sex crime in New York, contact our Brooklyn sexual assault lawyers at (718) 550-3318 and let us defend you today!
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Turn To an Experienced Team of Former Prosecutors
When facing as serious a criminal charge as a sex-related offense, you need a criminal defense lawyer with proven experience both in and out of court. These cases often involve false accusations, hearsay, and weak evidence that must be used to create a defense strategy designed to give you the best chance of a favorable outcome. At Townsend, Mottola & Uris Law, you can work with a team of accomplished and trusted defenders who know how to combat grave charges such as those involving sexual misconduct.