Being charged with any criminal offense in the state of New York is a serious thing. But when that charge is for a sex crime, you face a particularly tough time. Not only do you face the potential for prison time and fines, you are looking at untold damage to your personal and professional life, not to mention the lifetime designation as a “sex offender”.
When accused of a sex offense it can seem like the only person on your side is your attorney. Many people lose friends and even family support when accused of offenses like this.
New York Sex Offenses and Penalties
There are many different sex crimes under New York laws. Here are a few of the more frequently seen charges. In order to know for certain what you are up against, consulting with a criminal defense lawyer is crucial.
Rape in the First Degree
First degree rape is defined under New York laws as being sexual intercourse that is either by force, where the victim is helpless, where the victim is under the age of 11, or where the victim is under the age of 13 and you are over 18 years old.
This offense is a Class B felony, which typically carries up to 25 years in prison.
Rape in the Second Degree
Second degree rape is a Class D felony and has a potential 7 year prison sentence. This crime is defined as has having intercourse with someone who is mentally disabled or having intercourse with someone who is under the age of 15 and you are over the age of 18.
Rape in the Third Degree
Third degree rape is a Class E felony and typically carries up to 4 years in prison. This is the applicable charge when:
- You engage in intercourse with someone who is unable to consent,
- You have intercourse with someone without their consent, or
- Your partner is under the age of 17 and you are over 21, regardless of consent.
Ref: NY §130.25,30,35
Criminal Sexual Act
While rape involves traditional intercourse, criminal sexual act involves anal or oral intercourse. Like rape, this offense is split into three different degrees, a Class E, Class D, and Class B felony. Depending on the facts of your case, you could be sentenced to up to 25 years in prison for this offense.
Ref: §NY 130.40,45,50
Like rape and criminal sexual acts, sexual abuse has three different classifications. Unlike rape and criminal sexual acts, however, sexual abuse only involves sexual contact. In the most serious sexual abuse cases, you can face up to 7 years in prison for sexual contact with a child under the age of 11.
In other classifications of sexual abuse, you can be charged with a misdemeanor and face up to 1 year in prison.
Ref: NY § 320.55,60,65
Aggravated Sexual Abuse
More serious than sexual abuse, this offense is defined as using an object in a sexually assaultive manner, inserting it into the alleged victim. Depending on the facts of the case, you could be charged with three different classifications of felonies and face up to 25 years in prison.
Ref: NY §130.66,67,70
In order to be charged with and found guilty of forcible touching, you only need to touch the “intimate parts” of another to degrade them or for sexual gratification. This applies to pinching, grabbing, and similar behaviors. It is still classified as a sex offense and carries up to one year in jail.
Ref: NY §130.52
The consequences for a sex offense are long lasting and very serious. If you are charged with one of these crimes or another sexual offense not listed, let us put you in touch with a criminal defense lawyer today.