NY Penal Law § 130.75: Course of Sexual Conduct Against a Child in the First Degree

Along with course of sexual conduct against a child in the second degree, course of sexual conduct against a child in the first degree as defined in New York Penal Code § 130.75 is an offense that seeks to punish those who repeatedly sexually molest children. It is defined as engaging in at least 2 acts of sexual conduct with a child who is less than 11 years old over a period of not less than 3 months. The specific type of sexual conduct must be sexual intercourse, anal sex, oral sex, or aggravated sexual conduct. You will also face this charge if you are at least 18 years old and you engage in at least 2 acts of sexual conduct with a child who is less than 13 years old.

The uncle of a 9 year old girl regularly entered her bedroom in the middle of the night and engaged in oral sexual conduct. This happened over a period of several months while the girl was 9 and 10 years old. While no one else witnessed the conduct, the girl's behavior at school noticeably changed during the period that the incidents reportedly occurred. The uncle could be prosecuted for course of sexual conduct against a child in the first degree because the incidents occurred before the child's 11th birthday and the conduct was oral sex.

1. Rape in the first degree: New York Penal Code § 130.35
2. Criminal sexual act in the first degree: New York Penal Code § 130.50
3. Aggravated sexual abuse in the first degree: New York Penal Code § 130.70
4. Aggravated sexual abuse in the second degree: New York Penal Code § 130.67
5. Aggravated sexual abuse in the third degree: New York Penal Code § 130.66

Depending on the specific facts of your case, there may be several defenses that may weaken the prosecutor's case, resulting in the charges against you being dropped, the charges being reduced, or you being acquitted after a trial. For example, if you can show that the child was over the age of 13 at the time of the incidents, or that neither sexual intercourse, anal sex, oral sex, or aggravated sexual conduct ever occurred, the prosecutor will be forced to reconsider the charges against you.

The maximum prison sentence for being convicted of course of conduct against a child in the first degree is 25 years as it is a class B felony. This charge is also classified as a violent felony offense. This means that if you are convicted of this crime you will face a mandatory minimum sentence of 5 years. If this conviction is your second violent felony conviction, the minimum prison sentence that judge will be required to give you is 10 years.

Course of sexual conduct against a child in the first degree is a registrable offense under the New York Correction Law § 168, known as the Sex Offender Registration Act (SORA). This means that you will have to follow the strict registration and reporting requirements of SORA for at least 20 years.

1. A person is guilty of aggravated sexual abuse in the first degree when he or she inserts a foreign object 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 complex. Course of sexual conduct against a child in the first degree presents even more complicated issues as it refers to not just one encounter, but multiple encounters. 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.