NY Penal Law § 130.60: Sexual Abuse in the Second Degree

Sexual abuse in the second degree. Even though sexual abuse in the second degree as defined in New York Penal Code section 130.60 is a sex crime, it is a class A misdemeanor not a felony. You will face this charge if you engage in sexual contact with another person without that person's consent and that lack of consent is based on a factor other than that the victim is under 17 years old, or if the victim is a child who is less than 14 years old.

Sexual contact is not the same as sexual intercourse or oral or anal sexual conduct. It is defined in New York Penal Code section 130.00(3) as the touching of the sexual or intimate parts of another person for sexual gratification. Sexual or intimate parts include the genital area, vagina, penis, anus, rectum, buttocks, breasts, lips and mouth.

While playing with his 9 year old granddaughter a man placed his hand inside her underwear, touching her vagina. In another case a mother fondled the penis of her 11 year old son. In both cases the adults could be prosecuted for sexual abuse in the second degree as they had sexual contact with children who were under the age of 14. The prosecutor could prove that the touching was for sexual gratification by showing that based on the circumstances there was no other reasonable explanation for the touching.

1. Forcible touching: New York Penal Code section 130.52
2. Endangering the welfare of a child: New York Penal Code section 260.10

As with any accusation of a sex offense, the strongest defense is consent. If you can show that the victim consented to the sexual contact, then the prosecutor will have a difficult time proceeding with the case. Keep in mind, however, that if you face a charge of sexual abuse in the second degree based on sexual contract with a child who was under the age of 14 consent would not be a valid defense as children do not have the legal capacity to consent to sex acts.

Because sexual abuse in the second degree is a class A misdemeanor if you are convicted the maximum possible sentence that you will receive is 1 year in jail. Your sentence could also include a probation term of 6 years. In determining your sentence the judge will consider the crime committed, the details of the crime, your personal background, and your criminal history. If you are a first time offender your sentence will be less severe than if you have a criminal history.

If you are a first time offender your sentence will be less severe than if you have a criminal history.

Like most other sex crimes, sexual abuse in the second degree is a registrable offense under the New York Sex Offender Registration Act. This means that you will be required to follow the rules for registered sex offenders for at least 20 years and perhaps for the rest of your life.

A person is guilty of sexual abuse in the second degree when he or she subjects another person to sexual contact and when such other person is:

1. Incapable of consent by reason of some factor other than being less than seventeen years old; or
2. Less than fourteen years old.

Because of the complexity of the New York criminal justice system defending a charge of sexual abuse in the second degree or any sex crime is complicated, requiring knowledge of the criminal justice system as well as the law related to sex crimes. 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.