Keep the full communications.
Preserve complete message threads, notices, and other relevant records without altering them.
Sex Crimes Defense
Discreet representation for people facing sex offense investigations and charges. Speak with an attorney about the allegations, available evidence, current restrictions, and the decisions ahead.
An allegation can involve criminal court, an investigation, and separate school or workplace concerns. Preserve original communications and identify every notice or restriction you received. Begin with a short summary of the situation; counsel can explain how sensitive records should be provided and which immediate decisions need attention.
WHAT TO DO NOW
Preserve complete message threads, notices, and other relevant records without altering them.
Tell counsel about police contact, school notices, employment inquiries, or court papers.
Provide any protection order, no contact direction, or release condition before taking action.
Sex offense allegations can involve privacy, work, education, family contact, and restrictions imposed by a court or institution. The precise charge and procedural posture matter. The firm can assess the criminal matter and identify related issues requiring coordinated advice. Do not assume a school process and a criminal investigation have the same rules.
EXPLORE YOUR SITUATION
THE PATH AHEAD
Review the reported conduct, available communications, witnesses, and current notices.
Evaluate the evidence, possible motions, and any parallel institutional proceeding.
Discuss the risks and available paths at each stage rather than relying on a predicted outcome.
REPRESENTATIVE MATTERS
Prior results do not guarantee a similar outcome. Coverage describes allegations and proceedings at publication, not necessarily a final outcome.
Reported result
Russ Kofman tried a case involving forcible touching and third-degree sexual abuse allegations. The firm reports a not-guilty verdict and a later false-arrest settlement.
Explore the firm's case record →Reported result
The client faced forcible touching, resisting arrest and third-degree sexual abuse charges. The firm reports a full dismissal after nearly two years of defense.
Explore the firm's case record →Reported result
The firm reports a no-jail disposition in a case involving rape and endangering-the-welfare-of-a-child allegations. The summary does not identify the final charge.
Explore the firm's case record →
MEET YOUR LEGAL TEAM
Russ Kofman's practice includes state and federal criminal defense, DWI, sex offense allegations, Title IX proceedings, and civil rights matters. Contact the firm to discuss the appropriate representation for your situation.
Read Russ Kofman's profile →COMMON QUESTIONS
Ask to speak with a lawyer before giving a substantive statement about the allegation. Preserve the request, identify the agency and deadline, and tell counsel whether you already spoke or supplied access to a device or account.
Do not make contact before counsel reviews every protection order, release condition, school directive and workplace restriction. Do not ask another person to contact the reporting person for you. Follow the current restriction even if someone invites communication.
Preserve original devices, accounts and complete conversations without editing or deleting them. Do not download, copy, forward or circulate sensitive material. Do not upload intimate evidence through the general form; ask counsel for a secure and lawful transfer method.
No. Correction Law § 168-a identifies registerable convictions, and the actual conviction, risk level and designation affect the obligations and duration. Registration must be analyzed from the specific disposition rather than a general charge label.
No. Internet or device evidence can appear in a state case. Federal jurisdiction depends on the elements and jurisdictional facts of a federal statute, such as specified production, material, enticement, transportation or travel offenses.
Provide counsel with every notice, policy, restriction and deadline. Criminal, school, licensing and employment proceedings can use different rules, and a statement in one may affect another. Coordinate the responses before submitting an account or attending an interview.
New York does not use one charge called a “sex crime.” A case may involve an Article 130 offense, a sexual-performance offense under Article 263, a prostitution or trafficking allegation under Article 230, an internet-related federal statute, or more than one of those laws. Each statute has different conduct, intent, age, consent and jurisdiction requirements. The charging paper and subdivision control the analysis.
If police, a prosecutor, a school or an employer has contacted you, preserve the request and discuss it with counsel before giving a substantive response. Keep every page of a complaint, desk appearance ticket, protection order, release condition, subpoena or search-warrant inventory. Do not contact the reporting person or ask someone else to do so. Follow every current court or institutional restriction even if another person invites contact.
The reported facts do not determine the charge by shorthand alone. Counsel should identify the exact section, every subdivision, the alleged act, the dates, the ages of the people involved, and the prosecution’s theory of lack of consent. Common statutory groups include:
Penal Law § 130.05 makes lack of consent an element of every Article 130 offense, but the way it may be established depends on the offense. The statute identifies forcible compulsion, incapacity to consent and additional rules for certain charges. For sexual abuse and forcible touching, lack of consent can include circumstances in which the other person did not expressly or impliedly acquiesce. For specified third-degree rape subdivisions, the statute applies a separate expressed-lack-of-consent and reasonable-person standard.
A person is deemed incapable of consent in circumstances listed in § 130.05, including being under seventeen, being mentally disabled, mentally incapacitated or physically helpless, and certain custodial or professional relationships. But age alone does not answer which charge applies. The degrees of rape and sexual abuse use different age combinations, and some statutes contain affirmative defenses based on a limited age difference. Counsel must compare the alleged facts with the exact subdivision rather than rely on a general age-of-consent slogan.
The statutory definitions are also precise. “Mentally incapacitated” under § 130.00 concerns temporary inability to appraise or control conduct due to an intoxicating substance administered without consent or another act committed without consent. “Physically helpless” means unconscious or otherwise physically unable to communicate unwillingness. Those definitions should not be replaced with broader everyday descriptions.
Under the statutes in effect when this guide was reviewed, third-degree rape under § 130.25 is a class E felony and contains several distinct routes involving capacity, age, or lack of consent. Second-degree rape under § 130.30 is a class D felony and includes specified age combinations and mental disability or mental incapacity; the age-based subdivisions contain a limited affirmative defense when the accused was less than four years older. First-degree rape under § 130.35 is a class B felony and includes forcible compulsion, physical helplessness, and specified age circumstances.
Those classifications do not predict a sentence. The charged subdivision, conviction offense, criminal history, violent-felony rules, post-release supervision and other statutory provisions can affect exposure. A plea may also carry consequences beyond incarceration, including registration, orders of protection, immigration issues, licensing or employment effects. Obtain an individualized analysis before evaluating a disposition.
A defense review should test the prosecution’s actual theory and the reliability and lawfulness of its proof. Depending on the allegation, counsel may examine:
Do not try to build the record by confronting witnesses, accessing an account without authority, or creating new messages. Do not factory-reset, discard or alter a device. If material may be illegal to possess or distribute, do not download, copy or forward it. Tell counsel where it exists and ask for a lawful preservation and review method.
There is no universal defense to a sex-offense allegation. The analysis may include whether the prosecution can prove identity, the charged conduct and required intent; whether consent is legally relevant and how § 130.05 defines lack of consent for that offense; whether age or capacity evidence supports the subdivision; and whether the evidence establishes knowing possession, control or intentional access in a digital case.
Counsel may also examine the scope and particularity of a warrant, the basis for a search, the circumstances of a statement, identification procedures, discovery compliance, and whether forensic conclusions are supported by the underlying data. A factual dispute should be evaluated against complete records and admissible evidence, not a promise that an accusation can simply be “proved false.” Available motions, defenses and trial issues depend on the record.
Use of a phone, platform or the internet does not by itself mean every allegation will be prosecuted federally. Federal authority depends on the statute and jurisdictional facts. Federal investigators may become involved in allegations concerning production, receipt, distribution, transportation, coercion or enticement, interstate travel, or other conduct covered by federal law. State and federal agencies may also coordinate.
If agents request an interview, execute a search or leave a subpoena, preserve the complete paperwork and the agent’s contact information. Identify the federal district, agency, response date and property taken. Do not assume all federal offenses have the same mandatory minimum or sentencing range. The exact subsection, conduct, prior record and federal sentencing rules must be reviewed. Lebedin Kofman LLP represents federal criminal matters in the Eastern and Southern Districts of New York as well as New York state cases.
Do not assume that every offense commonly described as a sex crime produces the same registration result. Correction Law § 168-a lists the New York, out-of-state and federal convictions covered by the Sex Offender Registration Act and defines “sex offense” and “sexually violent offense.” Registration consequences should be reviewed from the actual conviction offense and disposition before a plea or sentencing decision.
A court determines risk level after the statutory process. Under Correction Law § 168-h, a Level 1 person without a listed designation generally registers annually for twenty years. Level 2 and Level 3 registrants, and people with specified designations, generally register for life. A Level 2 registrant without the listed designations may petition for relief after at least thirty years under § 168-o(1), with the registrant carrying a clear-and-convincing burden. Section 168-o separately permits a person required to register to petition for modification of the notification level, ordinarily no more than annually, also under a clear-and-convincing standard for facts supporting the requested modification.
Registration duration, public information, address verification, photographs and reporting obligations are related but distinct questions. The court’s order, risk level, designation and current statute control. A general website summary cannot determine an individual’s duties.
A school Title IX or conduct process, professional-license inquiry, employment investigation, Family Court matter or protection order can proceed on a different schedule and under different rules from a criminal case. A response intended for one forum may affect another. Provide counsel with every notice, policy, interim restriction and deadline before submitting a written statement or attending an interview.
Tell the attorney about housing, school access, work, immigration, custody and family-contact concerns. Follow current restrictions while counsel identifies which issues the firm can address and where separate advice may be needed. Do not assume that a dismissal in one forum automatically resolves every other proceeding.
The firm handles New York sex-offense investigations and cases from offices in Manhattan and Lynbrook. For a New York City case, identify the borough, precinct or agency, court location and next appearance. For a Nassau or Suffolk County matter, identify the police department, district court or county court and any surrender or interview request. The firm also represents related federal matters in EDNY and SDNY. Venue and office location do not replace the need to review the actual papers.
For the first call, a name, telephone number, location and short nonconfidential summary are enough. State whether there has been an arrest, police or agent contact, a search, a protection order, a school or employment notice, or an approaching deadline. The attorney can then explain how to provide documents and sensitive evidence securely.
Primary authorities reviewed October 1, 2026: Penal Law § 130.00, § 130.05, § 130.25, § 130.30, § 130.35, § 130.52, § 130.65, § 130.75, § 263.16, Correction Law § 168-a, § 168-h, § 168-o, and 18 U.S.C. chapter 110. This overview is general information, not legal advice or a prediction of outcome.
YOUR NEXT STEP
Tell us the immediate issue and the best way to reach you. For an arrest, police contact, or an approaching court date, call the firm directly.
646 663 4430Free consultation. Do not wait for a form response when a deadline is near.