Over the last several years, sexual offenses have become a serious problem in New York. As a result, the prosecutors are also aggressively aiming to convict the people who have been charged with sex crimes. As per the New York Penal Code, there are several actions which can be classified under sex crimes.
Under the New York Penal Code, the base of any sexual offense is lack of consent or that the act was forced upon. If the person did not have capacity to give a consent legally and may have appeared to give a consent, the consent would not be considered in court. If the person is under 17-year-old, suffers from a mental disability or incapacity, is physically helpless, or is in the custody of the Department of Corrections and the assailant is an employee of the Department of Corrections; then such a person does not hold the capacity to give a consent. The sexual offense which involves physical forcing or a minor victim, then the nature of the crimes becomes very serious.
According to the New York Penal Code, the types of sexual offenses are given below:
- Sexual misconduct and forcible touching: Both are classified as misdemeanors and involve touching another person’s intimate parts or having sexual intercourse, anal sex or oral sex with another person without his/her consent. This criminal activity also involves having an intercourse with an animal or a dead person.
- Rape: Rape is having a sexual intercourse without the other person’s consent. A sexual intercourse means that the act involved even a slightest of penetration. The rape can be classified into three degrees of rape (first degree being the most serious).
- Criminal sexual act: When a person has oral or anal sex without the consent of the other person, then he/she may be charged with criminal sexual act. Oral sex involves contact between the mouth and the penis, the mouth and the anus, or the mouth and the vulva or vagina, while anal sex involves contact between the penis and the anus. Criminal sexual action is classified into 3 degrees of crime – third degree crime is a class E felony, second degree crime is a class D felony while first degree crime is a class B felony.
- Sexual abuse: It can be a misdemeanor or a felony. A third degree sexual abuse means a sexual contact without a consent. A second degree sexual abuse involves a victim who is incapable of giving a consent. Such an act is a class A misdemeanor. First degree sexual abuse is a class D felony which involves forced sexual contact or sexual contact with a person who cannot give a consent as per the law.
- Aggravated sexual abuse: This kind of sexual offense includes insertion of a foreign object into a child’s vagina, urethra, penis, rectum or anus for a reason other than a legitimate medical reason. Aggravated sexual abuse has four degrees and each of these is a felony.
- Sexual conduct involving a child: Sexual offenses against children result in the most severe penalties. It is a class D felony which includes at least 2 instances of sexual conduct with a child less than 11 years old within 3 months. If the criminal act involves sexual intercourse, oral sex, anal sex, or aggravated sexual conduct then it is a first degree or class B felony.
- Female genital mutilation: Such a sexual offense includes circumcising, excising, or infibulation of any part of the labia or clitoris of a child who is less than 18 years old. It is a class E felony.
The classification of the sex crime determines the severity of penalty. If a person is convicted for sexual offense then he/she will have a criminal record or worse, the person has to register as a sex offender. A sex offender may have to register for at least 20 years or in some cases for lifetime according to the New York Sex Offender Registration Act.
Having a criminal record and being required to register as a sex offender may have a serious impact on a person’s life. The Law Offices of Aditya Surti has years of experience successfully defending their clients in New York criminal courts. Contact Aditya Surti Esq. at 201-518-6642201-518-6642201-518-6642 to schedule an appointment at the Jersey City Office or at 732-750-1269732-750-1269732-750-1269 to schedule an appointment at the Woodbridge Office. You can also email us at firstname.lastname@example.org to schedule an appointment.