New York Penal Code § 130.65-a: Aggravated Sexual Abuse in the Fourth Degree

New York Penal Law defines aggravated sexual abuse in the fourth degree as inserting a foreign object into another person's vagina, urethra, penis, rectum or anus and that person was incapable of consenting. A second basis for this crime is physically injuring another person by inserting a finger into that person's vagina, urethra, penis, rectum or anus of that person, and that person is incapable of consenting. The statute does not define "foreign object." However, courts have found a variety of objects to be foreign objects including bottles, sticks, and knives.

Example

A man shoves a bottle into the rectum of a woman who was intoxicated. As a result the woman suffered a severe tear in the tissue that separates her rectum and her vagina. This man could be prosecuted for aggravated sexual abuse because the woman was incapable of consenting to the sex act because she was intoxicated.

Related offenses
  1. Rape in the third degree: New York Penal Code § 130.2
  2. Criminal sexual act in the third degree: New York Penal Code § 130.40
  3. Persistent sexual abuse: New York Penal Code § 130.53
Defenses

There are be a number of possible defenses to the charge of aggravated sexual abuse in the fourth degree. Since one of the key elements to the charge is that the victim was incapable of consent, if you can show that the person was not physically helpless, that the person was not suffering a mentally disability or incapacity at the time of the incident, or that you did not use forcible compulsion, then the prosecutor will have a difficult time convicting you.

Another defense is lack of physical injury. If you are accused aggravated sexual abuse in the fourth degree based on sticking finger into another person, that person must have suffered a physical injury in order to support such a charge.

Order defenses include medical necessity and statute of limitations.

Sentence

If you are convicted of aggravated sexual abuse in the fourth degree the maximum prison sentence that a judge could give you is 4 years. There is no statutory mandatory minimum sentence. If this is your first offense it is possible that the judge will sentence you to significantly less than 4 years in prison, maybe even to just a 10 year probation term. However, if you do have a prior felony offense, you will face a mandatory minimum sentence of at least 3 years in prison.

Like aggravated sexual abuse in the first, second and third degrees, aggravated sexual abuse in the fourth degree is a registrable offense under the New York Sex Offender Registration Act (SORA).

New York Penal Code § 130.65-a: Aggravated Sexual Abuse in the Fourth Degree
  1. A person is guilty of aggravated sexual abuse in the fourth degree when:
    1. He or she inserts a foreign object in the vagina, urethra, penis, rectum or anus of another person and the other person is incapable of consent by reason of some factor other than being less than seventeen years old; or

    2. He or she inserts a finger in the vagina, urethra, penis, rectum or anus of another person causing physical injury to such person and such person is incapable of consent by reason of some factor other than being less than seventeen years old.

  2. Conduct performed for a valid medical purpose does not violate the provisions of this section.
Contact the Law Offices of Stephen Bilkis & Associates

The idea of having to defend yourself against charges that you sexually abused someone may seem daunting. This is why it is important to have experienced representation on your side. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with sex crimes such as aggravated sexual abuse, criminal sexual act in the first degree as well as other sex crimes such as sexual misconduct, criminal sexual act, forcible touching, sexual abuse, sexual conduct against child, female genital mutilation, and facilitating a sexual offense with 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 represent clients in the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.

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