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Aggravated Sexual Abuse Lawyers in New York

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Under New York Law, a person is guilty of aggravated sexual abuse in the second degree when he or she inserts a foreign object in the vagina, urethra, penis, rectum, or anus of another person causing physical injury to such person by forcible compulsion. 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 second degree, he or she will be charged with a Class B felony. A skilled aggravated sexual abuse lawyer in New York can help you get the results you need.

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 alleged date, the defendant, without a valid medical purpose, inserted a foreign object into the vagina, urethra, penis, rectum, or anus of complainant causing him or her physical injury; and (2) that the defendant did so by forcible compulsion.

Inserts a Finger/Physically Helpless 130.70(1)(b)

Under New York law, a person is guilty of aggravated sexual abuse in the second degree when he or she inserts a foreign object in the vagina, urethra, penis, rectum, or anus of another person causing physical injury to such person by forcible compulsion. 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 second degree, he or she will be charged with a Class C 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

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 because he or she was physically helpless.

Inserts a Finger/Complainant Less Than Eleven 130.70(1)(c)

Under New York law, a person is guilty of aggravated sexual abuse in the second degree when he or she inserts a foreign object in the vagina, urethra, penis, rectum, or anus of another person causing physical injury to such person by forcible compulsion. 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 second degree, he or she will be charged with a Class C felony.

A person is deemed incapable of consent when he or she is less than 11 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 11 years old or that the actor believed that such person was 11 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 incapable of consent because he or she was less than 11 years old.

Inserts a Finger/Forcible Compulsion 130.67(1)

Under New York Law, a person is guilty of aggravated sexual abuse in the second degree when he or she inserts a finger in the vagina, urethra, penis, rectum, or anus of another person causing physical injury to such person by forcible compulsion. 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 second degree, he or she will be charged with a Class C 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.

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, without a valid medical purpose, inserted a finger into the vagina, urethra, penis, rectum, or anus of complainant causing him or her physical injury; and (2) that the defendant did so by forcible compulsion.

Inserts a Finger/Physically Helpless 130.67(1)(b)

Under New York law, a person is guilty of aggravated sexual abuse in the second degree when he or she inserts a finger in the vagina, urethra, penis, rectum, or anus of another person causing physical injury to such person by forcible compulsion. 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 second degree, he or she will be charged with a Class C felony.

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

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 finger into the vagina, urethra, penis, rectum, or anus of the complainant; and (2) the complainant was incapable of consent because he or she was physically helpless.

Inserts a Finger/Complainant Less Than Eleven 130.67(1)(c)

Under New York Law, a person is guilty of aggravated sexual abuse in the second degree when he or she inserts a finger in the vagina, urethra, penis, rectum, or anus of another person causing physical injury to such person by forcible compulsion. 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 second degree, he or she will be charged with a Class C felony.

A person is deemed incapable of consent when he or she is less than 11 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 11 years old or that the actor believed that such person was 11 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 two elements: (1) That on the date alleged the defendant, without a valid medical purpose, inserted a finger, into the vagina, urethra, penis, rectum, or anus of the complainant; and (2) the complainant was incapable of consent because he or she was less than 11 years old.

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

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 11 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 11 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 11 years old or that the actor believed that such person was 11 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 11 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.

Inserts a Foreign Object/Incapacity to Consent Other Than Age 130.65-a(1)(a)

Under New York law, a person is guilty of aggravated sexual abuse in the fourth degree when he or she inserts a foreign object in the vagina, urethra, penis, rectum, or anus of another person and that person is incapable of consent. 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 E 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.

Insertion of a foreign object takes place without a person’s consent when that person is deemed by the law to be incapable of consent. An individual is incapable of consent when he or she is: (1) Mentally disabled; (2) mentally incapacitated; or (3) physically helpless.

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.

An individual who is also incapable of consent when he or she is: (1) Committed to the care and custody or supervision of the state department of corrections and community supervision or a hospital and the actor is an employee who knows or reasonably should know that such person is committed to the care and custody or supervision of such department or hospital; (2) committed to the care and custody of a local correctional facility and the actor is an employee, not married to such person, who knows or reasonably should know that such person is committed to the care and custody of such facility; (3) committed to or placed with the office of children and family services and in residential care, and the actor is an employee, not married to such person, who knows or reasonably should know that such person is committed to or placed with the office of children and family services and in residential care; or (4) a resident or inpatient of a residential facility operated, licensed, or certified by the office of mental health, the office for people with developmental disabilities, the office of alcoholism and substance abuse services, and the actor is an employee of the facility not married to such resident or inpatient.

It is a defense to a charge under 130.60(1) that the defendant was married to the victim. Married means the existence of a spousal relationship between the defendant and the victim as recognized by New York State law at the time of the alleged offense.

To be found guilty of this crime, the prosecution must be able to prove beyond a reasonable doubt two or three elements: (1) That on the alleged date, the defendant, without a valid medical purpose, inserted a foreign object into the vagina, urethra, penis, rectum, or anus of complainant; (2) that complainant was incapable of consent; and (3) if applicable, the defendant was not married to the complainant.

Inserts a Finger/Incapacity to Consent Other Than Age 130.65-a(1)(b)

Under New York Law, a person is guilty of aggravated sexual abuse in the fourth degree when he or she inserts a finger in the vagina, urethra, penis, rectum, or anus of another person and that person is incapable of consent. 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 E felony.

Physical injury means impairment of a person’s physical condition or substantial pain. Insertion of a finger takes place without a person’s consent when that person is deemed by the law to be incapable of consent. An individual is incapable of consent when he or she is: (1) Mentally disabled; (2) mentally incapacitated; or (3) physically helpless.

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.

An individual who is also incapable of consent when he or she is: (1) Committed to the care and custody or supervision of the state department of corrections and community supervision or a hospital and the actor is an employee who knows or reasonably should know that such person is committed to the care and custody or supervision of such department or hospital; (2) committed to the care and custody of a local correctional facility and the actor is an employee, not married to such person, who knows or reasonably should know that such person is committed to the care and custody of such facility; (3) committed to or placed with the office of children and family services and in residential care, and the actor is an employee, not married to such person, who knows or reasonably should know that such person is committed to or placed with the office of children and family services and in residential care; or (4) a resident or inpatient of a residential facility operated, licensed, or certified by the office of mental health, the office for people with developmental disabilities, the office of alcoholism and substance abuse services, and the actor is an employee of the facility not married to such resident or inpatient.

It is a defense to a charge under 130.60(1) that the defendant was married to the victim. Married means the existence of a spousal relationship between the defendant and the victim as recognized by New York State law at the time of the alleged offense.

To be found guilty of this crime, the prosecution must be able to prove beyond a reasonable doubt two or three elements: (1) That on the alleged date the defendant, without a valid medical purpose, inserted a finger into the vagina, urethra, penis, rectum, or anus of complainant; (2) that complainant was incapable of consent; and (3) if applicable, the defendant was not married to the complainant.

To learn more, call our New York aggravated sexual abuse attorneys at (646) 663-4430 or contact us online to schedule a free consultation.

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