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Course of Sexual Conduct Against A Child in the First Degree


Penal Law 130.75 

Penal Law 130.75(a)

Under New York State Law, a person is guilty of course of sexual conduct against a child in the first degree when he or she engages in two or more acts of sexual conduct over a period of time not less than three months. The act of sexual conduct must include at least one act of sexual intercourse, oral sexual conduct, anal sexual conduct or aggravated sexual contact with a child less than eleven years old. If convicted, a person will be charged with a Class B Felony.

A person is deemed incapable of consent when he or she is less than eleven years old. The law deems sexual conduct with a person who is less than eleven years old 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.

Sexual conduct means sexual intercourse, oral sexual conduct, anal sexual conduct, aggravated sexual contact, or sexual conduct. Under 130.00(1) of the New York State Penal law, sexual intercourse is defined as any penetration of the penis into the vaginal opening. The penetration may be of any type. Sexual intercourse does not require erection of the penis, emission or orgasm.

Oral sexual conduct is any contact between the mouth and the penis, the mouth and the anus, or the mouth and the vulva or vagina. Anal sexual conduct means conduct between persons consisting of contact between the penis and anus. Aggravated sexual conduct means inserting a foreign object in the vagina, urethra, penis, rectum, or anus of child and causing physical injury to such child. Physical injury means impairment of physical condition or substantial pain.

Under 130.00(3) of the New York State Penal law, sexual contact means any touching of the sexual or other intimate parts of a person for the purpose of gratifying the sexual desire of either party. It includes the touching of the actor by the victim as well as the touching of the victim by the actor. The touching may be directly or through clothing and may include the emission of ejaculate by the actor upon any part of the victim, clothed or unclothed.

To be found guilty of course of sexual conduct against a child in the first degree, the prosecution must be able to prove beyond a reasonable doubt three elements: (1) that over a period of time not less than three months in duration the defendant engaged in two or more acts of sexual conduct with complainant; (2) the sexual conduct included at least one act of sexual intercourse, oral sexual conduct, anal sexual, conduct, or aggravated sexual contact; and (3) that complainant was less than eleven years old.

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.

130.75(1)(b)

Under New York State Law, a person is guilty of course of sexual conduct against a child in the first degree when he or she engages in two or more acts of sexual conduct over a period of time not less than three months. The act of sexual conduct must include at least one act of sexual intercourse, oral sexual conduct, anal sexual conduct or aggravated sexual contact with a child less than thirteen years old. If convicted, a person will be charged with a Class B Felony.

A person is deemed incapable of consent when he or she is less than thirteen years old. The law deems sexual conduct with a person who is less than thirteen years old 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 thirteen years old or that the actor believed that such person was thirteen years old or more on the date of the crime.

Sexual conduct means sexual intercourse, oral sexual conduct, anal sexual conduct, aggravated sexual contact, or sexual conduct. Under 130.00(1) of the New York State Penal law, sexual intercourse is defined as any penetration of the penis into the vaginal opening. The penetration may be of any type. Sexual intercourse does not require erection of the penis, emission or orgasm.

Oral sexual conduct is any contact between the mouth and the penis, the mouth and the anus, or the mouth and the vulva or vagina. Anal sexual conduct means conduct between persons consisting of contact between the penis and anus. Aggravated sexual conduct means inserting a foreign object in the vagina, urethra, penis, rectum, or anus of child and causing physical injury to such child. Physical injury means impairment of physical condition or substantial pain.

Under 130.00(3) of the New York State Penal law, sexual contact means any touching of the sexual or other intimate parts of a person for the purpose of gratifying the sexual desire of either party. It includes the touching of the actor by the victim as well as the touching of the victim by the actor. The touching may be directly or through clothing and may include the emission of ejaculate by the actor upon any part of the victim, clothed or unclothed.

To be found guilty of course of sexual conduct against a child in the first degree, the prosecution must be able to prove beyond a reasonable doubt three elements: (1) that over a period of time not less than three months in duration the defendant engaged in two or more acts of sexual conduct with complainant; (2) the sexual conduct included at least one act of sexual intercourse, oral sexual conduct, anal sexual, conduct, or aggravated sexual contact; and (3) that complainant was less than thirteen years old.

For more information on Sexual Conduct Against A Child, 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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