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Criminal Sexual Act in the First Degree


Penal Law 130.50

 Forcible Compulsion 130.50(1)

Under New York State law, a person is guilty of criminal sexual act in the first degree when he or she engages in oral sexual conduct or anal sexual conduct with another person by forcible compulsion. If a person is found guilty of criminal sexual act in the first degree, he or she will be charged with a Class B Felony.

Under 130.00(2)(a) of the New York State Penal Law, oral sexual conduct means conduct between persons consisting of contact between the mouth and the penis, the mouth and the anus, or the mouth and the vulva or vagina. Under 130.00(2)(b), anal sexual conduct means conduct between persons consisting of contact between the penis and anus.

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 engaged in oral sexual conduct or anal sexual conduct with the complainant; and (2) the defendant did not without complainant’s consent by the use of forcible compulsion.

Physical Helplessness 130.50(2)

Under New York State law, a person is guilty of criminal sexual conduct in the first degree when he or she engages in oral sexual conduct or anal sexual conduct with another person who is incapable of consent by reason of being physically helpless. If a person is found guilty of criminal sexual act in the first degree, he or she will be charged with a Class B Felony.

Under 130.00(2)(a) of the New York State Penal Law, oral sexual conduct means conduct between persons consisting of contact between the mouth and the penis, the mouth and the anus, or the mouth and the vulva or vagina. Under 130.00(2)(b), anal sexual conduct means conduct between persons consisting of contact between the penis and anus.

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. Oral or anal sexual conduct with 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 alleged date defendant engaged in oral sexual conduct or anal sexual conduct with complainant; and (2) the complainant was incapable of consent by reason of being physically helpless.

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.

Complainant less than 11 Years Old 130.50(3)

Under New York State law, a person is guilty of criminal sexual act in the first degree when he or she engages in oral sexual conduct or anal sexual conduct with another person who is less than eleven years old. If a person is found guilty of criminal sexual act in the first degree, he or she will be charged with a Class B Felony.

Under 130.00(2)(a) of the New York State Penal Law, oral sexual conduct means conduct between persons consisting of contact between the mouth and the penis, the mouth and the anus, or the mouth and the vulva or vagina. Under 130.00(2)(b), anal sexual conduct means conduct between persons consisting of contact between the penis and anus.

Oral or anal sexual conduct takes place without another’s consent when that person is deemed incapable of consent by the law. A person is incapable of consenting to oral or anal sexual conduct when he or she is less than eleven years old. New York State Penal law deems oral or anal sexual conduct with a person under eleven years of age to be without that person’s consent, even if in fact that person did 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 engaged in oral sexual conduct or anal sexual conduct with complainant; and (2) the complainant was less than eleven years old.

Complainant less than 13/ Defendant 18 or More 130.50(4)

Under New York State law, a person is guilty of criminal sexual act in the first degree when he or she engages in oral sexual conduct or anal sexual conduct with another person who is less than thirteen years old and the actor is eighteen years old or more. Under 130.00(2)(b), anal sexual conduct means conduct between persons consisting of contact between the penis and anus.

Under 130.00(2)(a) of the New York State Penal Law, oral sexual conduct means conduct between persons consisting of contact between the mouth and the penis, the mouth and the anus, or the mouth and the vulva or vagina. Under 130.00(2)(b), anal sexual conduct means conduct between persons consisting of contact between the penis and anus.

Oral or anal sexual conduct takes place without another’s consent when that person is deemed incapable of consent by the law. A person is incapable of consenting to oral or anal sexual conduct when he or she is less than thirteen years old. New York State Penal law deems oral or anal sexual conduct with a person under thirteen years of age to be without that person’s consent, even if in fact that person did consent.

It is not a defense to this charge that the actor did not know that the person with whom the actor had sexual intercourse 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.

To be found guilty of this crime, the prosecution must be able to prove beyond a reasonable doubt three elements: (1) that on the date alleged the defendant engaged in oral sexual conduct or anal sexual conduct with complainant; (2) the complainant was incapable of consent because he or she was less than thirteen years old; and (3) the defendant was eighteen years old or more.

For more information on Criminal Sexual Act in First 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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