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Aggravated Sexual Abuse In The Third Degree


Penal Law 130.66

Inserts a Foreign Object/Forcible Compulsion 130.66(1)(a)

Under New York Law, a person is guilty of aggravated sexual abuse in the third degree when he or she inserts a foreign object in the vagina, urethra, penis, rectum, or anus of another person by forcible compulsion. If a person is found guilty of aggravated sexual abuse in the third degree, he or she will be charged with a Class D 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. A foreign object is any instrument or article which when inserted into the victim’s body is capable of causing physical injury. Physical injury means impairment of a person’s physical condition or substantial pain.

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 foreign object, into the vagina, urethra, penis, rectum, or anus of the complainant; and (2) the defendant did so without the complainant’s consent by the use of forcible compulsion.

Inserts a Foreign Object/Complainant Physically Helpless 130.66(1)(b)

Under New York Law, a person is guilty of aggravated sexual abuse in the third degree when he or she inserts a foreign object in the vagina, urethra, penis, rectum, or anus of another person when that person is incapable of consent by reason of being physically helpless. If a person is found guilty of aggravated sexual abuse in the third degree, he or she will be charged with a Class D Felony.

A foreign object is any instrument or article which when inserted into the victim’s body is capable of causing physical injury. Physical injury means impairment of a person’s physical condition or substantial pain.

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

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.

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 foreign object, into the vagina, urethra, penis, rectum, or anus of the complainant; and (2) the complainant was incapable of consent by reason of being physically helpless.

Inserts a Foreign Object/Complainant Less than Eleven 130.66(1)(c)

Under New York Law, a person is guilty of aggravated sexual abuse in the third degree when he or she inserts a foreign object in the vagina, urethra, penis, rectum, or anus of another person when that person is less than eleven years old. 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 third degree, he or she will be charged with a Class D 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.

A foreign object is any instrument or article which when inserted into the victim’s body is capable of causing physical injury. Physical injury means impairment of a person’s physical condition or substantial pain.

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 foreign object, into the vagina, urethra, penis, rectum, or anus of the complainant; and (2) the complainant was less than eleven years old.

Inserts a Foreign Object/Incapacity to Consent 130.66(2)

Under New York Law, a person is guilty of aggravated sexual abuse in the third degree when he or she inserts a foreign object in the vagina, urethra, penis, rectum, or anus of another person when that person is incapable of consent by reason of being mentally disabled or mentally incapacitated. 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 fourth degree, he or she will be charged with a Class D Felony.

A person is mentally disabled under New York State law when that person suffers from a mental disease or defect which renders him or her incapable of assessing the nature of his or her conduct. A person is mentally incapacitated under New York State law when that person is rendered temporarily incapable of assessing or controlling his or her conduct because of the influence of a narcotic or intoxicating substance administered to him or her without his or her consent. A person is physically helpless under New York State law when that person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.

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 foreign object, into the vagina, urethra, penis, rectum, or anus of the complainant causing him physical injury; and (2) the complainant was incapable of consent by reason of being mentally disabled.

For more information on Aggravated Sexual Abuse In The Third 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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