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Sexual Abuse In The First Degree


Penal Law 130.65

Forcible Compulsion 130.65(1)

Under New York State law, a person is guilty of sexual abuse in the first degree when he or she subjects another person to sexual contact by forcible compulsion. If a person is found guilty of sexual abuse in the first degree, he or she will be charged with a Class D Felony.

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.

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 date alleged defendant subjected complainant to sexual conduct; and (2) the defendant did so without complainant’s consent by use of forcible compulsion.

Physical Helplessness 130.65(2)

Under New York State law, a person is guilty of sexual abuse in the first degree when he or she subjects another person to sexual contact when the other person is incapable of consent by reason of being physically helpless. If a person is found guilty of sexual abuse in the first degree, he or she will be charged with a Class D Felony.

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.

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. Sexual contact 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 date alleged the defendant subjected the complainant to sexual contact; 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 11 130.65(3)

Under New York State law, a person is guilty of sexual abuse in the first degree when he or she subjects another person to sexual contact when the other person is less than eleven years old. If a person is found guilty of sexual abuse in the first degree, he or she will be charged with a Class D Felony.

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

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 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 subjected the complainant to sexual contact; and (2) that complainant was less than eleven years old.

Complainant less than 13/Defendant 21 or More 130.65(4)

Under New York State law, a person is guilty of sexual abuse in the first degree when he or she is twenty-one years old or older and he or she subjects another person to sexual contact when the other person is less than thirteen years old. If a person is found guilty of sexual abuse in the first degree, he or she will be charged with a Class D Felony.

Sexual contact takes place without another’s consent when that person is deemed incapable of consent by the law. A person is incapable of consenting to sexual contact when he or she is less than thirteen years old. New York State Penal law deems sexual contact 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.

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 this crime, the prosecution must be able to prove beyond a reasonable doubt three elements: (1) that on the date alleged the defendant subjected complainant to sexual contact; (2) the complainant was less than thirteen years old; and (3) the defendant was twenty-one years old or older.

For more information on Sexual Abuse In The 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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