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Criminal Sexual Act

New York Sex Crimes Lawyers Fighting for You

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. If you have been charged with this crime, call the New York sex crimes lawyers at Lebedin Kofman LLP. Call (646) 663-4430 and schedule a free consultation today.

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 so 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, the 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.

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 11 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 11 years old. New York State Penal Law deems oral or anal sexual conduct with a person under 11 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 11 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 13 years old and the actor is 18 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 13 years old. New York State Penal Law deems oral or anal sexual conduct with a person under 13 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 13 years old or that the actor believed that such person was 13 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 13 years old; and (3) the defendant was 18 years old or more.

Call our New York sex crimes attorneys at (646) 663-4430 or contact us online to schedule a free consultation.

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