New York Sex Crimes

Sex crimes are a serious problem in New York and across the country with the number of reported sex crimes increasing over the last several years. As a consequence New York prosecutors aggressively seek to convict those who have been charged with sex crimes. When we think of sex crimes rape most often comes to mind. However, there are several other types of sex crimes defined in the New York Penal Code. Most sex crimes are felonies punishable my multiple years in prison, probation, a criminal record, and registration as a sex offender. Even if you are not formally charged, tried or convicted, the stigma of being accused of a sex crime can have long-term damaging effects on your personal and professional lives. Because of the consequences of being charged with a sex crime as soon as you have been accused of any type of sex crime it is critical that you contact an experienced New York sex crimes lawyer at Stephen Bilkis & Associates. With decades of legal and law enforcement experience the criminal attorneys at Stephen Bilkis & Associates have a proven track record of success in defending clients charged with sex crimes and other serious crimes such as domestic violence and drug crimes. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case.

Definition of a sex crime

The basis of any sex crime is the lack of consent. N.Y. Pen. Law § 130.05. Lack of consent means that the act was forced. Even if the other person appeared to have consented, if under the law that person did not have the capacity to consent legally there was no consent. The other person lacks the capacity to consent if he or she is under 17-year-old, suffers from a mental disability or incapacity, is physically helpless, or is in the custody of the Department of Corrections and the assailant is an employee of the Department of Corrections. Most sex crimes have multiple degrees of seriousness. The most serious sex crimes involve physical force or involve a victim who is a minor.

Types of sex crimes


Forcible touching and sexual misconduct. Forcible touching and sexual misconduct are both misdemeanors. Forcible touching involves touching another person's intimate parts for no reason at all or in order to receive sexual gratification, while sexual misconduct involves having sexual intercourse, anal sex or oral sex with another person without that person's consent, or having sex with an animal or a dead person.

Rape. Rape involves having sexual intercourse without the consent of the other person. For sexual intercourse to occur there must be penetration, even if the penetration was slight. There are three degrees of rape with rape in the third degree being the least serious and rape in the first degree being the most serious.

Criminal sexual act. You will be charged with criminal sexual act if you have oral or anal sex without the consent of the other person. Oral sex means contact between the mouth and the penis, the mouth and the anus, or the mouth and the vulva or vagina, while anal sex means contact between the penis and the anus. There are three degrees of criminal sexual action: criminal sexual act in the third degree, a class E felony; criminal sexual act in the second degree, a class D felony; and criminal sexual act in the first degree, a class B felony.

Sexual abuse. Sexual abuse is a sex crime that can be either a misdemeanor or a felony. Sexual abuse in the third degree and refers to nonconsensual sexual contact. Sexual contact is the touching of another person's intimate parts for the purpose of sexual gratification. If the victim is incapable of consent because he or she is less than 14 years old, or is incapable of consent for some other reason the charge will be sexual abuse in the second degree is a class A misdemeanor. Sexual abuse in the first degree is class D felony and refers to forced sexual contact, sexual contact with a person who is physically helpless, or sexual contact with a person who is less than 11 years old. In addition, if you are at least 21 years old you will be charged with sexual abuse in the first degree if the victim is less than 12 years old.

Aggravated sexual abuse. Aggravated sexual abuse involves inserting a foreign object into a child's vagina, urethra, penis, rectum or anus for a reason other than a legitimate medical reason. There are 4 degrees of aggravated sexual abuse, each of which is a felony.

Course of sexual conduct against a child in the second degree. Sex crimes against children are considered particularly heinous and result in severe penalties. Course of sexual conduct against a child in the second degree is a class D felony, and involves at least 2 instances of sexual conduct with a child less than 11 years old over the course of at least 3 months. It will also be the charge if you are at least 18 years old and the child is less than 13 years old. Course of sexual conduct against a child in the first degree is a class B felony involves a course of sexual conduct that includes sexual intercourse, oral sex, anal sex, or aggravated sexual conduct.

Female genital mutilation. Female genital mutilation is one of the less common sex crimes in New York, but it does happen. It involves circumcising, excising, or infibulating any part of the labia or clitoris of a child who is less than 18 years old, unless it is done so for medical reasons and is performed by a licensed medical professional. It is a class E felony.

Facilitating a sex offense with a controlled substance. Many sex crimes involve the use of drugs. If you give someone drugs without that person's consent in order to commit a sex crime, then you would have committed the crime of facilitating a sex offense with a controlled substance, a class D felony.

Predatory sexual assault. Rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, and course of sexual conduct against a child in the first degree will be considered a predatory sexual assault if you cause physical injury or use the threat of physical injury in the course of committing that sex crime. This will also be the charge if you have previously been convicted one of these sex crimes. Predatory sexual assault is considered one of the most serious sex crimes and as such it is a class A-II felony. A similar crime is predatory sexual assault against a child. The difference is that you must be at least 18 years old and the victim must be under 13 years old. This crime is also a class A-II felony.

Sentence for a sex crime conviction

The sentence for a being convicted of a sex crime varies based on the classification of the sex crime, with the maximum sentence being up to life in prison for predatory sexual assault or predatory sexual assault against a child. However, other consequences for a sex crime conviction are the same for almost all sex crimes. If you are convicted you will have a criminal record. Even worse, you will also be required to register as a sex offender. N.Y. Cor. Law § 168. The New York Sex Offender Registration Act requires that a sex offender register for at least 20 years. In some cases the requirement is for life. Having a criminal record and being required to register as a sex offender will impact almost every aspect of your life following prison. You will have a hard time getting a job and even renting an apartment. If the community learns of your history, you may be subject to harassment.

Stephen Bilkis & Associates can help

Because of the problems you will undoubtedly encounter from merely being accused of a sex crime, do not wait to be formally charged. If you are under investigation for committing a ex crime, immediately contact an attorney who is familiar with defending people accused of or charged with sex crimes. The staff at Stephen Bilkis and Associates has years of experience successfully defending clients in New York criminal courts accused of sex crimes, as well as those accused of other serious felonies and misdemeanors such as domestic violence, child pornography, statutory rape, and stalking. 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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