NY Penal Law § 130.80: Course of Sexual Conduct Against a Child in the Second Degree

In New York the crime of Course of sexual conduct against a child in the second degree is defined in New York Penal Code § 130.80 as:

1. Engaging in 2 or more acts of sexual conduct with a child who is less than 11 years old within a period of not less than 3 months, or
2. If you are at least 18, engaging in 2 or more acts of sexual conduct with a child who is less than 13 years old within a period of not less than 3 months.

New York Penal Code § 130.00(10) defines "sexual conduct" as sexual intercourse, oral sexual conduct, anal sexual conduct, aggravated sexual contact, or sexual contact. Course of sexual conduct against a child in the second degree is a class D felony.

The boyfriend of the mother of a 9 year old girl babysits the girl from time to time. Each time he is alone with the girl he gives her a bath. During the baths he rubs her vaginal area repeatedly with his fingers. The girl finally tells her mother about the baths, and the mother calls the police. The boyfriend could face a charge of course of sexual conduct against a child in the second degree. While he did not have sexual intercourse, oral sex or anal sex with the girl, he did engage in sexual contact with her over a period of time. Sexual contact is defined in New York Penal Code § 130.00(3) as touching another person's intimate parts for the purpose of sexual gratification.

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. Aggravated sexual abuse in the first degree: New York Penal Code § 130.70
4. Aggravated sexual abuse in the second degree: New York Penal Code § 130.67
5. Aggravated sexual abuse in the third degree: New York Penal Code § 130.66

While there may be many defenses to a charge of course of sexual conduct against a child in the second degree, some of the more effective defenses will challenge the timeframe of the incidents, exactly what occurred as well as the age of the child when the incidents occurred.

The maximum sentence for being convicted of course of conduct against a child in the second degree is 7 years in prison as it is a class D felony.

Course of sexual conduct against a child in the second degree like all but a few sex crimes is a "registrable" offense. This means that if convicted you will be a registered sex offender. Being a registered offender is very serious and will impact many aspects of your life. You will have to regularly verify and update personal information with a law enforcement agency. You will remain a registered sex offender for at least 20 years.

1. A person is guilty of course of sexual conduct against a child in the second degree when, over a period of time not less than three months in duration:
   1. he or she engages in two or more acts of sexual conduct with a child less than eleven years old; or
   2. he or she, being eighteen years old or more, engages in two or more acts of sexual conduct with a child less than thirteen years old.
2. A person may not be subsequently prosecuted for any other sexual offense involving the same victim unless the other charged offense occurred outside the time period charged under this section.

The consequences of being charged with course of sexual conduct against a child are significant, affecting your future and the futures of your family members. You could end up in prison away from your loved ones for many years. After prison you will have a criminal record and you will be labeled a registered sex offender. For this reason it is important to immediately contact experienced representation as soon as you are accused of course of sexual conduct against a child, or any sex crime. 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.