NY Penal Law § 130.50: Criminal Sexual Act in the First Degree

There are three different criminal sexual act offenses in the New York Penal Code. Criminal sexual act in the first degree is the most serious. It is a class B felony. Under New York Penal Code § 130.50 criminal sexual act in the first degree is defined as engaging in anal sex or oral sex with another person under one of the following conditions:

1. By forcible compulsion
2. With a person who is physically helpless
3. With a child who is less than 11 years old
4. With a child who is less than 13 years old and you are at least 18 years old.

Oral sexual conduct refers to sexual contact between the mouth of one person and penis of another person, the mouth and the anus, or the mouth and the vagina or vulva. Anal sexual conduct means contact between the penis and the anus.

A man hosts a party during which a woman who attended the party drank alcohol and smoked marijuana. She eventually passed out. While she was passed out the man engaged in oral contact with the woman's vaginal area. This man could be arrested and charged with criminal sexual act in the first degree since the woman was physically helpless when he engaged in oral sexual conduct with her.

1. Rape in the first degree: New York Penal Code § 130.35
2. Sexual abuse in the first degree: New York Penal Code § 130.65
3. Aggravated sexual abuse in the first degree: New York Penal Code § 130.70
4. Course of sexual conduct against a child in the first degree: New York Penal Code § 130.75

Because the lack of consent is a key element to a criminal sexual act charge the prosecutor will have a difficult time successfully prosecuting you if you can show that there was consent to the anal or oral sex. In fact, if you can show consent the prosecutor may decide to drop the charges against you.

Another possible defense is that you did not intend to commit criminal sexual act in the first degree. An example of this is if you were so intoxicated at the time of the incident that you were incapable of forming the intent necessary for a charge of criminal sexual act.

Because criminal sexual act in the first degree is classified as a class B felony if you are convicted the judge could send you to prison for as many as 25 years. Furthermore, it is also a crime that is classified as a violent felony offense. As such if you are convicted you will face a mandatory minimum sentence of 5 years in prison.

Probation may be part of your sentence. Since criminal sexual act in the first degree is a felony as well as a sex crime, the mandatory probation term is 10 years.

Criminal sexual act in the first degree is a registrable offense. This means that if you are convicted of this crime you will be required to register as a sex offender as required by the New York Correction Law § 168, also known as the Sex Offender Registration Act (SORA).

A person is guilty of criminal sexual act in the first degree when he or she engages in oral sexual conduct or anal sexual conduct with another person:

1. By forcible compulsion; or
2. Who is incapable of consent by reason of being physically helpless; or
3. Who is less than eleven years old; or
4. Who is less than thirteen years old and the actor is eighteen years old or more.

Defending a criminal sexual act in the first degree charge is complex, requiring an understanding of New York criminal law and procedure as well as understanding available defenses. 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.