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Aggravated Sexual Abuse In The Second Degree


130.67

Inserts a Finger/Forcible Compulsion 130.67(1)

Under New York Law, 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 by forcible compulsion. Actions performed for a valid medical purpose will not violate the provisions of this law. If a person is found guilty of aggravated sexual abuse in the second degree, he or she will be charged with a Class C Felony.

Forcible compulsion is defined as the intentional compulsion either by (1) the use of physical force; or (2) by a threat, express or implied, which places a person in fear of immediate death or physical injury to himself or herself or another person or in fear that he or she or another person will immediately be kidnapped.

To be found guilty of this crime, the prosecution must be able to prove beyond a reasonable doubt two elements: (1) that on the alleged date the defendant, without a valid medical purpose, inserted a finger into the vagina, urethra, penis, rectum, or anus of complainant causing him or her physical injury; and (2) that the defendant did so by forcible compulsion.

Inserts a Finger/Physically Helpless 130.67(1)(b)

Under New York Law, 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 by forcible compulsion. Actions performed for a valid medical purpose will not violate the provisions of this law. If a person is found guilty of aggravated sexual abuse in the second degree, he or she will be charged with a Class C Felony.

Lebedin Kofman LLP

Russ Kofman is a founding partner in Lebedin Kofman LLP. He has extensive litigation experience defending clients accused of felonies, misdemeanors and DWI/ DUI crimes.

Under 130.00(7) of the New York State Penal law, a person is physically helpless when that person is unconscious or for any other reason physically unable to communicate unwillingness to an act. Insertion of a foreign object in the vagina, urethra, penis, rectum or anus of a person who is physically helpless is always deemed to be without that person’s consent

To be found guilty of this crime, the prosecution must be able to prove beyond a reasonable doubt two elements: (1) that on the date alleged the defendant, without a valid medical purpose, inserted a finger, into the vagina, urethra, penis, rectum, or anus of the complainant; and (2) the complainant was incapable of consent because he or she was physically helpless.

Inserts a Finger/Complainant less than Eleven 130.67(1)(c)

Under New York Law, 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 by forcible compulsion. Actions performed for a valid medical purpose will not violate the provisions of this law. If a person is found guilty of aggravated sexual abuse in the second degree, he or she will be charged with a Class C Felony.

A person is deemed incapable of consent when he or she is less than eleven years old. The law deems such insertion to be without that person’s consent, even if in fact he or she did consent. It is not a defense that the actor did not know that the person with whom the actor had contact was less than eleven years old or that the actor believed that such person was eleven years old or more on the date of the crime.

To be found guilty of this crime, the prosecution must be able to prove beyond a reasonable doubt two elements: (1) that on the date alleged the defendant, without a valid medical purpose, inserted a finger, into the vagina, urethra, penis, rectum, or anus of the complainant; and (2) the complainant was incapable of consent because he or she was less than eleven years old.

For more information on Aggravated Sexual Abuse In The Second Degree, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (212) 500-3273 today.

Lebedin Kofman LLP

Russ Kofman is a founding partner in Lebedin Kofman LLP. He has extensive litigation experience defending clients accused of felonies, misdemeanors and DWI/ DUI crimes.

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