New York Facilitating a Sexual Offense with a Controlled Substance

Under the New York Penal Code you have committed the crime of facilitating a sexual offense with a controlled substance if you do each of the following:

• Knowingly and unlawfully have a controlled substance or a substance that requires a prescription;
• Administer the substance to another person without that person's consent with the intent to commit a felony sex offense against that person; and
• Commit or attempt to commit a sexual offense against that person

N.Y. Pen. Law § 130.90

Because facilitating a sexual offense with a controlled substance is considered to be a serious crime, it is classified as a class D felony. If you are convicted you may be sentenced to up to 7 years in prison. This crime is considered particularly serious because not only is it a sex crime, it is also a drug crime. Because of the gravity of a charge of facilitating a sexual offense with a controlled substance, it is important to have experienced representation from the time you are accused until the case is resolved. If you are in need of a criminal lawyer because you or a loved one have been charged with facilitating a sexual offense with a controlled substance, contact an experienced New York sex crimes lawyer at the Law Offices of Stephen Bilkis & Associates who will review the facts of your case and who will defend you through each stage of your criminal case. The attorneys at the Law Offices of Stephen Bilkis & Associates have decades of experience representing clients who have been charged with sex crimes and other serious crimes such as drug crimes, domestic violence and kidnapping. Find out what we can do for you by contacting us to schedule a free, no obligation consultation regarding your case.

For purposes of a charge of facilitating a sexual offense with a controlled substance, a controlled substance is defined as a Schedule I, II, III, IV, or V drug. This encompasses a wide range of drugs including opiates, hallucinogenic substances, depressants and stimulants such as methamphetamine, codeine, heroin, morphine, oxycodone, cocaine, and methadone. N.Y. Pen. Law § 220.00. In People v. Blackwood, 2013 N.Y. Slip Op. 03764 (2013), the defendant was accused of putting ecstasy into the victim's drink. However, in order to be charged with facilitating a sexual offense with a controlled substance, the substance is not required to be an illegal drug, it can be a prescription drug that you unlawfully possess. For example, in People v. Stahl, 2011 N.Y. Slip Op. 51150(U) (2011), the defendant was accused of giving the victim the prescription drug Xanax.

Another important element of this crime is that you administered the substance to the other person without that person's consent. Under the New York sex offenses statute, there are several different ways to show lack of consent including the use of forcible compulsion to administer the drug. Forcible compulsion means the use of physical force or the use of a threat against the other person. N.Y. Pen. Law § 130.05(a). Once you have administered the substance and the other person becomes intoxicated, the other person would then lack the ability to consent to a sexual act as he or she would be mentally incapacitated. A person is mentally incapacitated if that person is intoxicated by a substance administered without his or her consent. N.Y. Pen. Law § 130.00(6). In cases where a person is mentally incapacitated from an intoxicating substance, the law requires corroborating evidence of the sexual assault or other sex crime. In People v. Blackwood, the victim's friends provided detailed testimony of the victim's actions after the victim was given the ecstasy. They noted how she started to act in an unusual, somewhat provocative manner. Furthermore, lab tests proved that the defendant's semen was in the victim and that ecstasy was in her system.

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

Rape occurs where a person has sexual intercourse without the consent of the other person. N.Y. Pen. Law § 130.05. There are 3 degrees of the charge of rape. The more severe the rape charge, the greater the potential penalty. Rape in the third degree is the least severe charge. Rape in the third degree occurs when a person engages 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. Rape in the second degree is when a person engages in sexual intercourse with someone who is mentally disabled or mentally incapacitated. A person who is 18 years old or older can also be charged with third degree rape if that person has sexual intercourse with a person 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. A person commits rape in the first degree if he or she forcibly has sexual intercourse with another person, or has sexual intercourse with someone who is age 11 or younger. If a person who is 18 years old or older has sexual intercourse with someone who is less than 13 years old, the older person can be charged with rape in the first degree.

Another sexual offense that can be the basis of a charge of facilitating a sexual offense with a controlled substance is criminal sexual act in the first, second, or third degree. It is distinguishable from the crime of rape in that rape involves sexual intercourse, while criminal sexual act involves oral sex or anal sex. The different degrees of severity are based on the facts surrounding 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 involves inserting a finger or a foreign object into the vagina, urethra, penis, rectum or anus of another person. Depending on the age and other circumstances of the victim, 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

Several sexual acts that specifically have children as victims can be the basis of facilitating a sexual offense with a controlled substance. You can be charged with a course of sexual conduct against a child in the first or second degree if over a 3-month period you engage in sexual intercourse, anal sex or oral sex at least 2 times with a child who is under 13 years old. Depending on the age of the victim, this crime is either a class E or B felony. N.Y. Pen. Law §§ 130.75, 130.80. Female genital mutilation involves cutting off all or a portion of the clitoris or labia of a girl who is less than 18 years old. N.Y. Pen. Law § 130.85. It is a class E felony. Predatory sexual assault or predatory sexual assault against a child occur if you commit 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 and in the process the victim is seriously injured or a dangerous instrument is used. N.Y. Pen. Law §§ 130.95, 130.96. Both of these crimes are class A-II felonies.

In addition to being charged with sex crimes, if you are charged with facilitating a sexual offense with a controlled substance, you may also face drug charges 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. Criminal possession of a controlled substance in the seventh degree is the minimum criminal possession of controlled substance charge that you are likely to face. It involves knowingly and unlawfully possessing a controlled substance. It is a class A misdemeanor. The charge could be more severe depending on the amount of the drug you are found with, or if the prosecutor feels that you also had the intent to sell the drugs. The charge will be criminal possession of a controlled substance in the fifth degree if your intention was to sell the drugs. You may also be charged with criminal possession in the fifth degree if you are caught with half of an ounce of a narcotic drug, 500 milligrams of cocaine, more than 1,000 milligrams of ketamine, any amount of ketamine if you have a prior ketamine possession conviction, 50 milligrams of PCP, or 28 grams of GHB. N.Y. Pen Law § 220.06. It is a class D felony. Other criminal possession of controlled substance charges include fourth degree through first degree, with criminal possession in the first degree being the most serious drug possession charge and involves having 8 ounces of a narcotic or 5,760 milligrams of methadone with the intent to sell it. It is a class A-1 felony.

Other drug charges that you could face if you are charged with facilitating a sexual offense with a controlled substance include criminally possessing a hypodermic instrument, or criminally using drug paraphernalia in the second degree. Criminally possessing of a hypodermic instrument involves knowingly and unlawfully possessing a hypodermic needle or syringe. It is a class A misdemeanor. Criminally using drug paraphernalia in the second degree involves having materials used to dilute drugs, gelatin capsules, glassine envelopes, vials or any other material that is used for packaging individual quantities of drugs, or if you have scales or balances used to weigh or measure controlled substances. This is a class A misdemeanor. If this is your second offense, then you will be charged with criminally using drug paraphernalia in the first degree, a class D felony.

Because it is a class D felony, if you are convicted of facilitating a sexual offense with a controlled substance are felonies, you will face up to 7 years in prison. However, it is unlikely that that will be the only charge that you will face. You will be charged with another felony sex crime, and there is a good chance that you will be faced with a misdemeanor or felony drug charge. If convicted of multiple charges, it is possible that will be sentenced to years and years in prison.

Once you complete your prison sentence the punishment for your crimes will continue. You will be put on probation for a period during which time your actions will be severely restricted and monitored. You will also have a criminal record that will make it difficult for you to find a job. Most employers will perform a criminal background check before hiring you. Many will be reluctant to hire you as they may feel that because you have a criminal history you are not trustworthy.

Even worse than having a criminal record is that once you are convicted of a sex crime you will be a registered sex offender under the New York Sex Offender Registration Act. N.Y. Cor. Law § 168. You will have to register for at least 20 years. In some cases, you will be required to remain on the sex offender registry for the rest of your life. As a registered sex offender you will have to inform the New York Department of Criminal Justice Services if you move out of New York State, report your address each year and allow the police to you photograph on a regular basis. If you do not follow these rules, you can be arrested and charged with a felony that could result in jail or prison time. Not only is it difficult for registered sex offenders to find employment, it is also difficult for them to rent an apartment. In some cases registered sex offenders are not allowed to enter school property.

The consequences of being convicted of facilitating a sexual offense with a controlled substance as well as any other sex crime are devastating and will impact both your life and the lives of your loved ones. Thus, it is critical to seek experienced representation to help you fight such charges. The staff at Stephen Bilkis and Associates has years of experience successfully defending clients in New York criminal courts who are accused of sex crimes, such as sexual misconduct, criminal sexual act, forcible touching, sexual abuse, sexual conduct against child, and facilitating a sexual offense with a controlled substance. In addition, we also have experience defending clients who have been charged with drug possession and other drug crimes. 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.