NY Penal Law § 130.67: Aggravated Sexual Abuse in the Second Degree

New York law includes four offenses called aggravated sexual abuse. Each crime involves inserting either a finger or foreign object into the vagina, urethra, penis, rectum or anus of another person without that person's consent. Under New York Penal Code § 130.67 aggravated sexual abuse in the second degree is the second most serious aggravated sexual abuse offense. You will be charged with this crime if you physically injure someone when you insert your finger into another person's vagina, urethra, penis, rectum or anus of that person by force, when the other person is physically helpless, or where the other person is a child who is less than 11 years old. It is a class C felony.

The 30 year old uncle of a 6 year old girl inserted his finger into the girl's vagina. The girl said that as a result she experienced pain. A doctor who later examined the girl testified that the girl suffered severe physical injuries as a result of the incident and experienced severe pain. The uncle could face a charge of aggravated sexual abuse because the child was less than 11, and because he physically injured her by placing his finger in her vagina.

1. Aggravated sexual abuse in the first degree: New York Penal Code § 130.70
2. Aggravated sexual abuse in the third degree: New York Penal Code § 130.66
3. Aggravated sexual abuse in the fourth degree: New York Penal Code § 130.65a

Possible defenses to a charge of aggravated sexual assault in the second degree include consent, medical necessity, and statute of limitations. Since one of the key elements to the charge is that there was no consent, if you can show that the other person did in fact consent to the act the prosecutor would have a difficult time moving forward with the case. If you inserted your finger into the victim for a valid medical reason and not for sexual gratification, then you would have a valid defense. For example, if you are a licensed healthcare professional performing a vaginal examination with the person's consent or in a medical emergency, then you have a defense to prosecution under the statute.

Because aggravated sexual abuse in the second degree is a class C felony, the maximum is 15 years in prison. Like aggravated sexual abuse in the first degree aggravated sexual abuse in the second degree is also a violent felony offense. This means that the law prescribes minimum sentencing guidelines that the judge must following when sentencing you. The minimum sentence of 3.5 years in prison, even if you are a first time offender. If this conviction is your second violent felony conviction, the minimum prison sentence that you will be given is 7 years.

Part of your sentence may also include probation. For a felony offense that is a sex crime a sentence of probation would be 10 years.

Aggravated 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. Some sex offenders will have to do so for the rest of their lives.

1. A person is guilty of aggravated sexual abuse in the second degree when he or she inserts a finger in the vagina, urethra, penis, rectum or anus of another person causing physical injury to such person:
   1. By forcible compulsion; or
   2. When the other person is incapable of consent by reason of being physically helpless; or
   3. When the other person is less than eleven years old.
2. Conduct performed for a valid medical purpose does not violate the provisions of this section.

Defending any sex offense charge is always complicated, involving an understanding of not only criminal law, but how to interpret complex evidence. 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.