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New York City (NYC) Sexual Misconduct Defense Attorney

Information on Cases Involving Sex Crimes with Children

In today's world, having sexual relations with someone under the "age of consent," even when the act was consensual and an actual relationship exists, can have severe legal consequences. The age of consent in New York is 17 and there is no age gap provision, which means there is no allowance made for the difference in age, as some states do. Law considers a person under the age of 17 incapable of consenting to sexual relations. It is possible that a 17-year-old boy could be charged with statutory rape if he had consensual sex with his 16-year-old girlfriend. The charge is usually statutory rape when the only illegality involves the ages of the participants. The details regarding the types of charges that could be filed against any person who is believed to have had sex with a minor are below:

§ 130.20 Sexual Misconduct 
Sexual Misconduct is a class A misdemeanor

These charges are filed when a person engages in oral or anal sexual conduct with a person who is under the age of consent.

§130.25 Third Degree Rape
Third degree rape is a class E felony.

IF you are 21 years of age or older and are accused of engaging in sexual intercourse with another person under 17 years old, you will be charged with this crime.

§130.30 Rape in the Second Degree
Second degree rape is a class D felony.

If you are accused of engaging in sexual intercourse with a person under the age of 15 and you are 18 years old or more, you will face charges of second degree rape.

§130.35 Rape in the First Degree
First degree rape is a class B felony.

If you are believed to have engaged in sexual intercourse with a person less than 11 years old, or who is less than 13 years old and you are 18 years old or older, you will be charged with first degree rape.

§ 130.40 Criminal Sexual Act in the Third Degree
Criminal sexual act in the third degree is a class E felony.

IF you are 21 years old or older, and are accused of engaging in oral or anal sexual conduct with another person less than 17 years old, you will be facing charges of criminal sexual act in the third degree.

§130.45 Criminal Sexual Act in the Second Degree
Criminal sexual act in the second degree is a class D felony.

If it is believed that you engaged in an anal or oral sexual act with an alleged victim less than 14 years old, you will face charges of criminal sexual act in the second degree, a class D felony.

§130.50 Criminal Sexual Act in the First Degree
Criminal sexual act in the first degree is a class B felony.

If you are accused of engaging in an oral or anal sexual act with an alleged victim under the age of 11 years old or less than 13 years old while you are 18 years or older, you will be charged with criminal sexual act in the first degree, a class B felony.

§130.52 Forcible Touching
Forcible touching is a class A misdemeanor.

If you are accused of forcibly touching, such as squeezing, grabbing or pinching another person without their consent or for the purpose of sexual gratification, you will face charges of forcible touching, a class A misdemeanor.

130.53 Persistent Sexual Abuse
Persistent sexual abuse is a class E felony.

If you are accused of committing these crimes on multiple occasions, you will be charged with persistent sexual abuse, a class E felony.

§130.55 Sexual Abuse in the Third Degree
Sexual abuse in the third degree is a class B misdemeanor.

If you are accused of subjecting another person to sexual contact who is less than 17 years old, or more than 14 years old and you are more than 5 years older than the alleged victim, you could face charges of sexual abuse in the third degree, a class B misdemeanor.

§130.60 Sexual Abuse in the Second Degree
Sexual abuse in the second degree is a class A misdemeanor.

If it is believed that you subjected another person to sexual contact that is less than 14 years old, you will be accused of sexual abuse in the second degree, a class A misdemeanor.

§130.65 Aggravated Sexual Abuse in the First Degree
Aggravated sexual abuse in the first degree is a Class D felony.

In cases in which it is believed that you subject another person to sexual contact that is less than 11 years old, or less than 13 years old and you are 21 years old or older, you will be facing charges of sexual abuse in the first degree, a class D felony.

§130.65-a Aggravated Sexual Abuse in the Fourth Degree
Aggravated sexual abuse in the fourth degree is a class E felony.

If it is believed that you inserted a foreign object into the vagina, urethra, penis or rectum of another person causing physical injury and the alleged victim is under 17 years of age, you will be facing charges of aggravated sexual abuse in the fourth degree, a class E felony.

§130.66 Aggravated Sexual Abuse in the Third Degree
Aggravated sexual abuse in the third degree is a class D felony.

If you are accused of having inserted a foreign object into the vagina, urethra, penis or rectum of another person less than 11 years old, you will be facing charges of aggravated sexual abuse in the third degree, a class C felony.

§130.70 Aggravated Sexual Abuse in the First Degree
Aggravated sexual abuse in the first degree is a class B felony.

If you are accused of inserting a foreign object in the vagina, urethra, penis or rectum of another person causing injury and that person is less than 11 years old, you will be facing charges of aggravated sexual abuse in the first degree, a class B felony.

§ 130.75 Course of Sexual Conduct Against a Child in the First Degree
Course of sexual conduct against a child in the first degree is a class B felony.

If it is believed that you engaged in two or more acts of sexual conduct, including at least one act of intercourse, deviate sexual intercourse or aggravated sexual conduct with a child less than eleven years or if you are 18 years old or more, that you are accused of two or more acts of sexual conduct with a person less than 13 years old. Course of sexual conduct against a child in the first degree is a class B felony.

§ 130.80 Course of Sexual Conduct Against a Child in the Second Degree
Course of sexual conduct against a child in the second degree is a class D felony.

These charges are filed against persons that are believed to have engaged in over a period of time not less than three months, they engage in two or more acts of sexual conduct with a child less than eleven, or in cases in which the accused is 18 years of more, and are believed to have engaged in two or more sexual acts with a child less than 13 years of age.

§130.85 Female Genital Mutilation
Female genital mutilation is a class E felony.

If you are believed to have engaged in female genital mutilation you will be facing a class E felony charge.

§130.90 Facilitating a Sex Offense with a Controlled Substance
Facilitating a sex offense with a controlled substance is a class D felony.

If you are accused of administering a controlled substance to another person with intent to commit a sexual act, you will likely be charged with facilitating a sex offense with a controlled substance, a class D felony.

§130.95 Predatory Sexual Assault
Predatory sexual assault is a class A-II felony.

When it is believed that you committed rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree or course of sexual conduct against a child in the first degree and there has been serious physical injury to the victim or if you have been convicted earlier of a sexual felony or incest, or use of a child in a sexual performance, you will be facing charges of predatory sexual assault, a class A-II felony.

§130.96 Predatory Sexual Assault Against a Child
Predatory sexual assault against a child is a Class A-II felony.

IF you are 18 years old or more and are believed to have committed rape in the first degree, a criminal sexual act in the first degree, aggravated sexual abuse in the first degree, or course of sexual conduct against a child in the first degree, and the alleged victim is less than 13 years old, you will likely be charged with predatory sexual assault against a child, a class A-II felony.

New York City (NYC) Criminal Defense Attorney for Statutory Rape Cases

There is a wide range of potential charges when any sexual crime against a child has been committed, and the penalties can be many years in prison and the requirement register as a sex offender, possibly for the rest of your life. A conviction of this kind is extremely serious and every effort must be made to defend you. A Manhattan criminal defense attorney can take immediate action on your behalf. The sooner you involve a defense attorney, the better your chances for the best possible results.  Contact NYC criminal defense attorney at (212)240-9465(212)240-9465.



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