Nassau County Facilitating a Sexual Offense with a Controlled Substance

N.Y. Pen. Law § 130.90

It is illegal to give another person incapacitating drugs without that person's consent in order to have sex with that person. If you do so, you face a charge of facilitating a sexual offense with a controlled substance. N.Y. Pen. Law § 130.90. Because this crime is considered by society and law enforcement to be a particularly serious offense, it is classified as a Class D felony. If you are convicted the judge may sentence you to as much as 7 years in prison. Furthermore, you may also be charged with another sex crime based on the sex act that you attempted or completed, and you may have drug charges. Thus, while you may received up to 7 years in prison for the charge of facilitating a sexual offense with a controlled substance charge, your prison sentence may be quite a bit longer if you are convicted of one or more additional crimes. Because of the gravity of a charge of facilitating a sexual offense with a controlled substance it is important that you act quickly and contact an experienced Nassau County Facilitating a Sexual Offense with a Controlled Substance Lawyer who will explain to you your legal options and who will defend you through each stage of your criminal case.

What types of drugs must be used to face this charge?

The facilitating a sexual offense with a controlled substance statute prohibits giving someone else a wide range of drugs and then having sex with that person. The prohibited drugs include controlled substances such as opiates, hallucinogenic substances, illegally obtained prescription drugs, depressants and stimulants such as methamphetamine, codeine, heroin, morphine, oxycodone, cocaine, and methadone. N.Y. Pen. Law § 220.00. It also includes prescription drugs. In People v. Blackwood, 108 A.D.3d 163 (2013), the defendant was charged with facilitating a sexual offense with a controlled substance after putting ecstasy into the victim's drink, while in People v. Stahl, 32 Misc.3d 1202(A) (2011), the defendant gave the victim the prescription drug Xanax.

What types of sex acts are included in this charge?

To be charged with facilitating a sexual offense with a controlled substance it is not necessary that a sexual act is completed. It is only necessary that you attempted to commit a sex act. The sex crime that you commit or attempt to commit can include rape, criminal sexual act, sexual abuse, aggravated sexual abuse, course of sexual conduct against a child, female genital mutilation, predatory sexual assault, or predatory sexual assault against a child. Each of these crimes is a felony.

Rape. Under New York law rape involves having sexual intercourse without the consent of the other person. N.Y. Pen. Law § 130.05. Sexual intercourse is defined as penetration of the vagina with a penis. There are 3 different rape offenses. The more severe the rape charge, the greater the penalty. Rape in the third degree is the least severe charge. It involves engaging in sexual intercourse with another person who cannot consent or is less than 17 years old. It is a class E felony. N.Y. Pen. Law § 130.25. You will be charged with rape in the second degree if the victim is mentally disabled or mentally incapacitated. If you are at least 18 years old you will face a third degree rape charge if you have sexual intercourse with a child who is 15 years old or younger. It is a class D felony. N.Y. Pen. Law § 130.30. Rape in the first degree is the most serious rape charge and involves forcibly having sexual intercourse with another person, or having sexual intercourse with a child who is age 11 or younger. If you are at least 18 years old have sexual intercourse with a child who is less than 13 years old, you will can be charged with rape in the first degree.

Criminal sexual act. Criminal sexual act in the first, second, or third degree can also be the basis of a charge of facilitating a sexual offense with a controlled substance. The crime of criminal sexual act is different from rape in that rape involves sexual intercourse where the penis penetrates the vagina, while criminal sexual act involves oral sex or anal sex. Oral sexual conduct refers to contact between the mouth and the penis, anus, vulva or vagina, while anal sexual conduct refers to contact between the penis and the anus. The different degrees of severity are based on the facts related to the victim, including his or her age. It can be a Class E, D, or B felony. N.Y. Pen. Law §§ 130.40, 130.45, 130.50.

Aggravated sexual abuse. The prosecutor will charge you with aggravated sexual abuse if you insert a finger or a foreign object into the vagina, urethra, penis, rectum or anus of another person. Depending on whether a finger or foreign object was used and whether or not the victim was physically injured aggravated sexual abuse can be a Class E, D, C or B felony. N.Y. Pen. Law §§ 130.65-a, 130.66, 130.67, 130.77

Course of sexual conduct against a child and female genital mutilation. You will be charged with course of sexual conduct against a child in the first or second degree if you repeatedly have sex with a child over the course of a 3-month period. N.Y. Pen. Law §§ 130.75, 130.80. Female genital mutilation is somewhat different from other sex crimes as it typically does not involve the defendant seeking sexual gratification from the victim. It is a cultural rite that involves cutting off all or a portion of a female child's genitals. N.Y. Pen. Law § 130.85. It is a Class E felony.

Predatory sexual assault. If in the process of committing 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 you use a dangerous weapon or seriously injure the victim, you will be charged with predatory sexual assault, a Class A-II felony. N.Y. Pen. Law §§ 130.95, 130.96

In addition to being charged with sex crimes, if you are charged with facilitating a sexual offense with a controlled substance the prosecutor may conclude that it is also appropriate to charge you with a drug crime such as criminal possession of a controlled substance, criminally possessing a hypodermic instrument, or criminally using drug paraphernalia in the second degree. N.Y. Pen. Law § 220

Sentencing

As a Class D felony, if you are convicted of facilitating a sexual offense with a controlled substance your sentence may include prison, a fine, and probation. Furthermore, there will be additional consequences such as fees, registration as a sex offender and a permanent criminal record. Because this crime involves the use of a drug, you may also be charged with various drug crimes. The more crimes you are convicted of, the more severe your sentence will be.

Prison. In general the maximum possible prison sentence for a Class D felony is 7 years. N.Y. Pen. Law § 70.02. Because this crime is also classified as a violent felony, the judge is required to impose a minimum sentence of 2 years in prison. The actual length of your prison sentence will depend on factors such as your prior criminal record.

If you have a criminal record, the judge will view that as an aggravating factor. For example, if your status is that of a non-violent predicate offender meaning that you were convicted of a non-violent felony within the prior 10 years, then the court will sentence you to at least 3 years for an assault in the second degree conviction. If you are a violent predicate offender, you will be sentenced to at least 5 years in prison. If you are a persistent felony offender meaning that you have at least 2 prior felony convictions, then the minimum prison sentence you will receive is 12-25 years, and the maximum sentence is life in prison. N.Y. Pen. Law § 70.08. Mitigating factors that a judge might consider to show some lenience in sentencing may include the lack of a prior criminal history and a showing of remorse. Upon release from prison you will be required to serve a term of post-release supervision.

Post-Release Supervision. Part of your sentence will include a term of post-release supervision of 1.5-3 years. N.Y. Pen. Law § 70.45(e). Post-release supervision is a type of community supervision that is served at the end of a felony sentence. There will be several rules that you must follow while you are on post-release supervision. The rules associated with your post-release supervision vary from person to person, but may include that:

  • You must not commit a crime
  • You cannot leave the State of New York without permission
  • You must consent to warrantless searches
  • You must not associate with people who have criminal records
  • You must now own, possess or purchase a gun
  • You must not possess a controlled substance or drug paraphernalia
  • You must refrain from consuming alcohol
  • You must stick to a curfew
  • You must have job
  • You must submit to home visits by your Parole Officer
  • You must submit to drug testing
  • You must regularly report to your Parole Officer

If you violate any of the terms of your post-release supervision, it is possible that a judge will order you sent back to prison to complete your original sentence plus additional time for violating your post-release supervision.

Fines, Fees and Restitution. Your sentence may also include the payment of a fine of up to $5,000. If you are convicted of a crime in New York, you will be required to pay certain fees. For a felony conviction you will have to pay a mandatory surcharge of $300 as well as a victim assistance fee of $25. N.Y. Pen. Law § 60.35. You may also be required to pay post-release supervision fees. There are also fees associated with sex offender registration.

As part of your sentence you may be ordered to pay restitution to your victim. For example, if the victim is injured and incurred medical expenses, your restitution may be the amount of the victim's medical expenses. Generally, the maximum amount of restitution is $15,000. However, the court may increase the amount to more than $15,000 to cover the amount of the victim's medical expenses.

Orders of Protection. As part of the criminal process, the prosecutor may request and the judge may grant an Order of Protection in favor of the victim. An Order of Protection is designed to keep the victim safe by limiting your actions. For example, an Order of Protection may state that you are not permitted to go near the victim or communicate with the victim for a period of time. If you live with the victim, you may be ordered to move. If you violate an Order of Protection, you could face additional criminal charges.

Criminal record. Even if you are sentenced to just the minimum prison sentence there will be consequences of being convicted of course of sexual conduct against a child in the second degree that will last for years after your prison sentence. You will have a criminal record that will negatively impact many aspects of your life such as getting a job. You will be completely excluded from practicing in certain professions such as law or teaching. You will not be able to own a gun, serve in the military, or serve on juries. You will not be able to receive certain government benefits such as welfare or federally funded housing. If you are not a U.S. citizen, you will be subject to deportation.

Sex offender registration. Facilitating a sexual offense with a controlled substance is a "registrable" offense. This means that if convicted you will be a registered sex offender. N.Y. Cor. Law § 168. Being a registered offender is very serious and will impact many aspects of your life. You will have to register with law enforcement information such as your name, address, work address, school, photograph, aliases, email address, internet handles, crimes and victim attributes. You will have to regularly verify and update this information. If you move, then you will have to follow the registration and verification requirements of your new jurisdiction. Being a registered sex offender makes it more challenging to find employment, find housing, or even enter your child's school. You will be remain a registered sex offender for at least 20 years.

The consequences of being convicted of facilitating a sexual offense with a controlled substance as well as any other sex or drug crime are devastating. The rest of your life will be impacted as will be the lives of your loved ones. Thus, it is important to seek experienced representation to help you fight such charges. The staff at Stephen Bilkis & Associates, PLLC has years of experience successfully defending clients in New York criminal courts who are accused of sex crimes and drug crimes such as facilitating a sexual offense with a controlled substance and criminal possession of a controlled substance. Contact us at 1.800.NY.NY.LAW (1.800.696.9529) to schedule a free, no obligation consultation regarding your case. We serve those accused of sex crimes in the following locations:

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