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.

Instead of being overwhelmed by a mountain of legalese, you can count on the lawyers at Joseph Potashnik and Associates, PC, to be there for you.