NY Penal Law § 130.66: Aggravated Sexual Abuse in the Third Degree

Under New York Penal Code § 130.66 you have committed aggravated sexual abuse in the third degree if you insert a foreign object into another person's vagina, urethra, penis, rectum or anus of that person, and you do so by forcible compulsion. You will also face this charge if you insert a foreign object into another person and that person is physically helpless, has a mental disability, has a mental incapacity, or is a child who is less than 11 years old. It is a class D felony. While the statute does not define "foreign object," defendants have been convicted of aggravated sexual abuse in the third degree based on using sticks, bottles, knifes, as well as other objects.

Several young adults are gathered in an apartment and spend the evening chatting and drinking alcohol. One of the women eventually passes out. While she is unconscious, one of the men in the party takes one of the empty beer bottles and shoves it into the vagina of the unconscious woman. This man could be prosecuted for sexual abuse in the third degree. Because the woman was unconscious at the time that he placed the bottle into her vagina the woman was physically helpless and unable to consent to the sex act.

1. Rape in the second degree: New York Penal Code § 130.30
2. Criminal sexual act in the second degree: New York Penal Code § 130.45
3. Sexual abuse in the first degree: New York Penal Code § 130.65
4. Course of sexual conduct against a child in the second degree: New York Penal Code § 130.80
5. Facilitating a sex offense with a controlled substance: New York Penal Code § 130.90

Because aggravated sexual abuse in the third degree is a class D felony if convicted you could spend up to 7 years in prison. If you are a first time offender it is possible that the judge will sentence you to no prison at all and just sentence you to a probation term of 10 years. However, if you do have a prior felony offense you will face a mandatory minimum sentence of at least 4 years in prison.

Like most other sex crimes, aggravated sexual abuse in the third degree is a registrable offense under the Sex Offender Registration Act. This means that if you are convicted you will be required to follow the rules for registered sex offenders. You will remain on the sex offender registry for at least 20 years. If you are Level 2 or Level 3 offender, meaning that you pose a substantial risk of re-offending, you will remain on the list for the rest of your life.

The criminal justice system is very complicated. There are several steps involved. Any misstep could have a negative impact on the resolution of your case. For this reason it is critical to have experienced representation. 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.