New York Sexual Abuse
A New York Sexual Abuse Lawyer will tell you that in New York, sexual abuse is defined as subjecting another party to sexual contact when that party either is younger than the age of consent (17 years old), or cannot consent due to physical or mental incapacity. Sexual abuse is also present where there is any forced sexual contact between two parties. Depending on the particular acts involved, a defendant can be charged with either a misdemeanor or felony offense. Child sexual abuse is considered the most serious of these offenses. If you have been charged with a sex crime, including charges of child pornography, sexual assault, lewd conduct, forcible touching (New York Penal Law 130.052), sex with a minor, indecent exposure (New York Penal Law 245.01), solicitation, prostitution (New York Penal Law 230.06) or statutory rape, it is very important to seek the legal guidance of an experienced New York Sexual Abuse Lawyer from Stephen Bilkis and Associates right away. Sex crime charges are serious and can include not only prison time and fines, but also may require you register as a sex offender in the state of New York under SORA)
There are three degrees of sexual Abuse, first, second and third. There is also a charge of aggravated sexual abuse. Some of the more serious crimes are mentioned below.
Penal Law 130.65 Sexual Abuse in the First Degree: This crime is defined as subjecting another party to nonconsensual sexual contact by force against a victim that is less than 11 years old, or against a victim that is unable to give consent due to incapacity. Sexual Abuse in the first degree is considered a class D felony, which is punishable by 4 to 7 years’ imprisonment.
Penal Law 130.70 Aggravated Sexual Abuse in the First Degree: This crime is defined as causing physical injury due to penetration with a foreign object by force, to a victim who is unable to consent, or against a victim that is 11 years old or younger. This crime is a class B felony, and is punishable by 9 to 25 years in prison.
Penal Law 130.53 Persistent Sexual Abuse: A third conviction of this crime in the second or third degree within ten years is classified as an E felony, which is punishable by 1 to 3 years in prison.
Pursuant to the Sex Offender Registration Act (SORA), if you are convicted of this crime, in addition to other penalties you will be required to register as a sex offender in the state of New York. This is pursuant to both state and federal law. There are three levels of registration. These rules have been changing rapidly. The courts have held that all child pornography offenses were a risk level 2. This requires a lifetime registration and publication on the internet.
Any crime that is committed against children carries serious penalties. One frequently seen offense is child pornography. This type of pornography can take many different forms (Article 23 of the New York Penal Law) including any type of sexual performance or any type of promoting or possessing the performance (on video tape, a photograph or other visual medium).
The commission of a sexual abuse charge when committed against a child comes under the umbrella term of child molestation. This is defined by the Department of Justice which says any inappropriate interaction between and an adult and a child where the child is used for sexual stimulation is considered child molestation.
This term can refer to a number of sex crimes against children, all of which involve a child being used for sexual stimulation.
Often the input of well-meaning adults and other professionals can encourage these types of charges. For instance, certain types of professionals are obligated to report these crimes, such as clergy, medical professionals and teachers. Sometimes a child speaks up and may exhibit the signs of a sexual abuse, such as bruises, an emotional outburst, or a change in personality.
These reports are not always truthful, and can cause havoc in the life of the accused. It is extremely important to speak with a lawyer to ensure that your rights are protected.If you have been charged with a sex crime, such as spousal rape, child molestation, forcible touching, possession or distribution of child pornography, date rape, or prostitution, speak with a dedicated New York Sex Crime Lawyer from Stephen Bilkis and Associates. We can create a defense strategy that makes sense for you. Our New York City offices serve clients throughout the five boroughs of New York City including Staten Island, Brooklyn, the Bronx, Manhattan, 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