New York Lewd Conduct
A New York Lewd Conduct Lawyer can tell you that the crime of lewd conduct involves the demonstration of lust or sexual desire that is intended to incite a sexual response in another person. The crime of lewd conduct can include an array of sexual offenses that are committed for the sole purpose of inciting sexual response or lust. If you have been charged with a sex crime such as rape (New York Penal Law 130.05), forcible touching (New York Penal Law 130.52) or sexual assault (New York Penal Law 130.095)not only could you face serious legal penalties, you will likely contend with the social stigma that surrounds crimes that are sexual in nature. You have a lot at stake. It is important to take every action you can to ensure that your rights are protected and that you receive the most favorable result possible for your case. Contact a dedicated New York Lewd Conduct Lawyer from the Stephen Bilkis and Associates team for advice and guidance in your matterLewd conduct can be committed in conjunction with other offenses; - via the internet, by indecent exposure or through other activities, such as solicitation (New York Penal Law 100.00) distribution of child pornography or sexual assault (130.095) These crimes can be considered misdemeanors or felonies, depending on the actual charges involved. Also, if you have a criminal record, or there were aggravating circumstances, such as an assault, the penalties can escalate.
By definition, a defendant is guilty of public lewdness if they intentionally expose their private parts in a lewd manner, or commit a lewd act in a public place, or private place where he may be viewed by another party, and there is intent to be observed.
This crime is classified as a B misdemeanor. A misdemeanor is an offense that is punishable by less than 1 year in jail. If convicted, you will have a criminal record and face 90 days in jail. The prosecution must prove that you exposed your private parts in a public place. Often the crime of forcible touching (New York Penal Law 130.052) is seen in conjunction with lewd conduct. This offense is considered a misdemeanor. This offense occurs when the defendant touches another person in an intimate area for sexual gratification. In New York this crime often takes place on trains, subways and buses.
A recent case, People v. Guamon Slip Op 01264 has held that bodily contact with any amount of pressure to a person’s private parts is considered an offense. This touching must occur without the victim’s consent.
The crime of lewd conduct can also be associated with child molestation. The U.S. Department of Justice defines child molestation as contacts or interactions that are inappropriate between an adult and a child, where the child is used for sexual stimulation.
Child molestation is an umbrella term that can include includes a variety of crimes where a child is being used as an instrument of sexual gratification.
Child molestation trials are particularly challenging because there is a bias regarding these cases. There is a tendency for a jury to believe an adult over a child. However, an experienced lawyer knows that a child can be manipulated by family as well as the prosecution. To add to this challenge, it is possible to be convicted of this crime without any testimony from the child.
Any sex crime that includes children is typically punished more harshly, and classified as a felony. Any activity that involves touching, exposure or pornographic activities is usually viewed very dimly by the law and may include harsh penalties. These penalties can involve jail time, fines, mandatory rehabilitation and the requirement to register as a sex offender (SORA).
If you have been charged with lewd conduct or another sex crime such as spousal rape, statutory rape, forcible touching, internet sex crime, sodomy, sex with a minor, prostitution or child molestation, contact Stephen Bilkis and Associates. A qualified New York Sex Crime Lawyer from our team can discuss possible defense strategies with you. Our New York City offices serve clients throughout the five boroughs of New York City including Brooklyn, the Bronx, Manhattan, Staten Island and Queens, as well as Westchester County. Our Long Island offices support our clients in Nassau County and Suffolk County. Call us today at 800.696.9529 to schedule your free consultation