New York City Defense Attorneys and Sex Crimes Lawyers - Sexual Offenses Against A Child
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Sex Crimes Lawyers in New York Fighting on Your Behalf
Under New York State law, a person is guilty of a course of sexual conduct against a child in the first degree when he or she engages in two or more acts of sexual conduct over a period of time not less than three months. The act of sexual conduct must include at least one act of sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual contact with a child less than 11 years old. If convicted, a person will be charged with a Class B felony. A knowledgeable sex crimes attorney in New York can explain your situation to you and ensure your rights are effectively protected.
A person is deemed incapable of consent when he or she is less than 11 years old. The laws surrounding this situation deem sexual conduct with a person who is less than eleven years old to be without that person’s consent, even if in fact he or she did consent. It is not a defense that the actor did not know that the person with whom the actor had contact was less than 11 years old or that the actor believed that such person was 11 years old or more on the date of the crime.
What is Sexual Conduct and Sexual Assault?
Sexual conduct means sexual intercourse, oral sexual conduct, anal sexual conduct, aggravated sexual contact, or sexual conduct. Under 130.00(1) of the New York State Penal Law, sexual intercourse is defined as any penetration of the penis into the vaginal opening. The penetration may be of any type. Sexual intercourse does not require an erection of the penis, emission, or orgasm.
Oral sexual conduct is any contact between the mouth and the penis, the mouth and the anus, or the mouth and the vulva or vagina. Anal sexual conduct means conduct between persons consisting of contact between the penis and anus. Aggravated sexual conduct means inserting a foreign object in the vagina, urethra, penis, rectum, or anus of a child and causing physical injury to such a child. Physical injury means impairment of physical condition or substantial pain.
Under 130.00(3) of the New York State Penal Law, sexual contact means any touching of the sexual or other intimate parts of a person for the purpose of gratifying the sexual desire of either party. It includes the touching of the actor by the victim as well as the touching of the victim by the actor. The touching may be directly or through clothing and may include the emission of ejaculate by the actor upon any part of the victim, clothed or unclothed.
To be found guilty of course of sexual conduct against a child in the first degree, the prosecution must be able to prove beyond a reasonable doubt three elements: (1) That over a period of time not less than three months in duration, the defendant engaged in two or more acts of sexual conduct with the complainant; (2) the sexual conduct included at least one act of sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual contact; and (3) that complainant was less than 11 years old.
New York State Penal Law 130.75(1)(B)
Under New York State Law, a person is guilty of a course of sexual conduct against a child in the first degree when he or she engages in two or more acts of sexual conduct over a period of time not less than three months. The act of sexual conduct must include at least one act of sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual contact with a child less than 13 years old. If convicted, a person will be charged with a Class B felony.
A person is deemed incapable of consent when he or she is less than 13 years old. The law deems sexual conduct with a person who is less than 13 years old to be without that person’s consent, even if in fact he or she did consent. It is not a defense that the actor did not know that the person with whom the actor had contact was less than 13 years old or that the actor believed that such person was 13 years old or more on the date of the crime.
Sexual conduct means sexual intercourse, oral sexual conduct, anal sexual conduct, aggravated sexual contact, or sexual conduct. Under 130.00(1) of the New York State Penal Law, sexual intercourse is defined as any penetration of the penis into the vaginal opening. The penetration may be of any type. Sexual intercourse does not require an erection of the penis, emission, or orgasm.
Oral sexual conduct is any contact between the mouth and the penis, the mouth and the anus, or the mouth and the vulva or vagina. Anal sexual conduct means conduct between persons consisting of contact between the penis and anus. Aggravated sexual conduct means inserting a foreign object in the vagina, urethra, penis, rectum, or anus of a child and causing physical injury to such a child. Physical injury means impairment of physical condition or substantial pain.
Under 130.00(3) of the New York State Penal Law, sexual contact means any touching of the sexual or other intimate parts of a person for the purpose of gratifying the sexual desire of either party. It includes the touching of the actor by the victim as well as the touching of the victim by the actor. The touching may be directly or through clothing and may include the emission of ejaculate by the actor upon any part of the victim, clothed or unclothed.
To be found guilty of course of sexual conduct against a child in the first degree, the prosecution must be able to prove beyond a reasonable doubt three elements: (1) That over a period of time not less than three months in duration, the defendant engaged in two or more acts of sexual conduct with the complainant; (2) the sexual conduct included at least one act of sexual intercourse, oral sexual conduct, anal sexual, conduct, or aggravated sexual contact; and (3) that complainant was less than 13 years old.
It is important to seek the help of experienced sex crime lawyers if you are facing sex crime charges or sexual conduct against a child. Call us at Lebedin Kofman LLP today at 646-663-4430 or contact us online to set up a free consultation with New York sex crimes lawyers.
Possible Sex Crimes Defense Explained by a Criminal Defense Attorney
One defense to a charge in the first degree of course sexual conduct against children is that the reported acts did not occur within 3 months, or that there were only 2 acts. The best defense is to prove that there was no sexual conduct. However, attacking elements such as the timeframe or a number of sexual acts against a child may allow the prosecutor to reduce your charges.
Another defense could be that you are married to the purported victim. It is not common for someone younger than 13 to marry. However, this is not uncommon, especially in countries outside the United States. If you are married to the child and the marriage in New York is legal, you have the right to defend against a charge in the first degree, of course, sexual conduct against the child.
Another defense is possible through the statute of limitations. New York law states that such a charge must not be filed more than five years after the incident. N.Y. Crim. Pro. Law SS30.10. This means that the prosecutor cannot prosecute you for any crime if you have not been charged within five years from the time the incident is reported to have occurred. A victim younger than 18 years at the time may be exempted from this limitation. In such cases, the limitations period doesn’t begin until the victim reaches 18 years of age or until the incident is reported to law enforcement.
Having a sex crime lawyer when facing charges of sexual offenses is very important to make sure that you may be able to protect your rights and understand them. To speak with an experienced sex crime attorney, call us at Lebedin Kofman LLP today.
Possible Penalties for a New York Sex Crime Against a Child
Prison
As a Class B felony, you can be sentenced to up to 25 years for the offense of course of conduct towards a child in a first degree. This is a violent felony offense. You will be sentenced to a mandatory minimum of 5 years and a maximum sentence of 25. To be eligible for parole, your sentence must be completed at least 67% of the time.
In determining your sentence, there are other factors that the court will take into consideration. If this is the offender’s second violent felony conviction, the minimum sentence will be 10 years, with a maximum of 25.
Even if you’re a first offender, this crime will still result in you being sentenced to a minimum of five years imprisonment. You may be able to reach a compromise with the prosecutor and reduce the charge to one that is not a violent felony. In this case, your sentence could be reduced to probation.
Probation
While probation is generally a less severe sentence than imprisonment, you will still be subject to certain restrictions while on probation. There are a few rules you must follow when on probation. Your background may dictate that you have to follow certain rules. You could be sent to jail for violating the conditions of your probation.
Registration as a sex offender
After being convicted of first-degree sexual conduct against children, you will be registered as a sex offender. N.Y. Cor. Law SS 168. The public registry will keep you there for at least 20 years, depending on the risk you have to the public. If your risk is high, your name will be added to the public sex offender directory. Anyone can search online for you to see if you are a registered sexual offender. Registered sex offenders are required to verify their addresses each year with the Division of Criminal Justice Services. The DCJS must be notified within 10 days of the move if they are moving. If the defendant moves to another state, they will need to register as a sexual offender according to the rules of that jurisdiction.
Getting the Help of Experienced Sex Crime Attorneys for Sex Crime Offenses
Being charged with the course of sexual conduct against a child is very serious. The consequence of this offense can affect a person’s life significantly. The penalties surrounding this charge can affect their reputation, their employment, and their overall daily routine. It is important for someone who is charged with this offense to seek the help of a skilled criminal lawyer right away.
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