NY Penal Law § 130.70: Aggravated Sexual Abuse in the First Degree

As described in New York Penal Code § 130.70, aggravated sexual abuse in the first degree involves inserting a foreign object into the vagina, urethra, penis, rectum or anus of another person without that person's consent. However, the statute does not provide examples of what a foreign object can be for the purpose of this offense, so the assumption is that any object can be the basis for a charge. Defendants have been prosecuted based on inserting bottles, sticks, knives as well as other objects into victims.

To be convicted of this crime, you must do so without the person's consent and the person must suffer a physical injury. Lack of consent can be shown by:

1. The use of forcible compulsion
2. The victim being physically helpless, or
3. The victim being less than 11 years old

It is a class B felony.

Following a heated argument with his estranged wife a man forcibly inserted a knife into her vagina, cutting her in and around the vaginal area. The man could be prosecuted for aggravated sexual abuse in the first degree based on using force to insert the knife into his estrange wife's vagina and injuring her. The fact that the couple was still legally married would not provide a defense for the man's actions.

1. Rape in the first degree: New York Penal Code § 130.35
2. Criminal sexual act in the first degree: New York Penal Code § 130.50
3. Sexual abuse in the first degree: New York Penal Code § 130.65
4. Course of sexual conduct against a child in the first degree: New York Penal Code § 130.75

There may be a number of defenses to the charge of aggravated sexual abuse in the first degree that you can raise that may result in the charges being dismissed, the charges being reduced, or you being acquitted at trial. One of the key elements to the charge is that you used force and, therefore, there was no consent. However, if you can show that the other person did in fact consent to the act, then you have a valid defense. In addition, if the victim did not suffer a physical injury then one of the required elements of a charge of aggravated sexual abuse in the first degree would not have been met.

As described in New York Penal Code § 130.70(3) another defense is that you had a valid medical reason for inserting the foreign object into the victim. This defense protects medical professionals from being prosecuted after inserting medical instruments into patients out of medical necessity.

The maximum sentence for being convicted of aggravated sexual abuse in the first degree is up to 25 years in prison as it is a class B felony. Like several other sex crimes aggravated sexual abuse in the first degree is also a violent felony offense. As such if you are convicted you will face a mandatory minimum sentence of 5 years in prison. Part of your sentence may also include probation. The mandatory probation term for a felony sex crime is 10 years.

If you are convicted of aggravated sexual abuse in the first degree once you are released from prison you will be required to follow the rules of the Sex Offender Registration Act. Depending on the level of risk you are determined to pose to the public you will be labeled as a Level 1, 2 or 3 sex offender. Level 1 offenders present a low risk of re-offending. If you are a Level 1 offender, you will be required to follow the registration and verification rules for 20 years. Level 2 and Level 3 offenders will be required to do so for life.

1. A person is guilty of aggravated sexual abuse in the first degree when he or she inserts a foreign object in the vagina, urethra, penis, rectum or anus of another person causing physical injury to such person:
   1. By forcible compulsion; or
   2. When the other person is incapable of consent by reason of being physically helpless; or
   3. When the other person is less than eleven years old.
2. Conduct performed for a valid medical purpose does not violate the provisions of this section.

Defending any sex offense charge is always complicated. There is always conflicting testimony and other complex issues related to proof. However, because your freedom is at stake, it is important that you are represented by someone with experience. 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 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.