Back to Top
Backed By Experience & Results  Put a Team of Legal Experts on Your Side 

Sexual Conduct against a Child

Sex Crimes Lawyers in New York Fighting on Your Behalf

Under New York State law, a person is guilty of course of sexual conduct against a child in the first degree when he or she engages in two or more acts of sexual conduct over a period of time not less than three months. The act of sexual conduct must include at least one act of sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual contact with a child less than 11 years old. If convicted, a person will be charged with a Class B felony. A knowledgeable sex crimes attorney in New York can explain your situation to you and ensure your rights are effectively protected.

A person is deemed incapable of consent when he or she is less than 11 years old. The law deems sexual conduct with a person who is less than eleven years old 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.

Sexual conduct means sexual intercourse, oral sexual conduct, anal sexual conduct, aggravated sexual contact, or sexual conduct. Under 130.00(1) of the New York State Penal Law, sexual intercourse is defined as any penetration of the penis into the vaginal opening. The penetration may be of any type. Sexual intercourse does not require erection of the penis, emission, or orgasm.

Oral sexual conduct is any contact between the mouth and the penis, the mouth and the anus, or the mouth and the vulva or vagina. Anal sexual conduct means conduct between persons consisting of contact between the penis and anus. Aggravated sexual conduct means inserting a foreign object in the vagina, urethra, penis, rectum, or anus of child and causing physical injury to such child. Physical injury means impairment of physical condition or substantial pain.

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 course of sexual conduct against a child in the first degree, the prosecution must be able to prove beyond a reasonable doubt three elements: (1) That over a period of time not less than three months in duration, the defendant engaged in two or more acts of sexual conduct with complainant; (2) the sexual conduct included at least one act of sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual contact; and (3) that complainant was less than 11 years old.

130.75(1)(b)

Under New York State Law, a person is guilty of course of sexual conduct against a child in the first degree when he or she engages in two or more acts of sexual conduct over a period of time not less than three months. The act of sexual conduct must include at least one act of sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual contact with a child less than 13 years old. If convicted, a person will be charged with a Class B felony.

A person is deemed incapable of consent when he or she is less than 13 years old. The law deems sexual conduct with a person who is less than 13 years old 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 13 years old or that the actor believed that such person was 13 years old or more on the date of the crime.

Sexual conduct means sexual intercourse, oral sexual conduct, anal sexual conduct, aggravated sexual contact, or sexual conduct. Under 130.00(1) of the New York State Penal Law, sexual intercourse is defined as any penetration of the penis into the vaginal opening. The penetration may be of any type. Sexual intercourse does not require erection of the penis, emission, or orgasm.

Oral sexual conduct is any contact between the mouth and the penis, the mouth and the anus, or the mouth and the vulva or vagina. Anal sexual conduct means conduct between persons consisting of contact between the penis and anus. Aggravated sexual conduct means inserting a foreign object in the vagina, urethra, penis, rectum, or anus of child and causing physical injury to such child. Physical injury means impairment of physical condition or substantial pain.

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 course of sexual conduct against a child in the first degree, the prosecution must be able to prove beyond a reasonable doubt three elements: (1) That over a period of time not less than three months in duration, the defendant engaged in two or more acts of sexual conduct with complainant; (2) the sexual conduct included at least one act of sexual intercourse, oral sexual conduct, anal sexual, conduct, or aggravated sexual contact; and (3) that complainant was less than 13 years old.

If you are facing charges of sexual conduct against a child, call Lebedin Kofman LLP today at (646) 663-4430 or contact us online to set up a free consultation with New York sex crimes lawyers.

Our Clients Share Their Experiences

The Opinions That Matter Most
  • He was able to dismiss my case and save tons of money on future fines

    “Going in for my DMV chemical refusal case, I was very anxious having my license being revoked for a up to a year. The odds were stacked against me, having little hope of any positive certainty. Russ ...”

    - G
  • This law firm is extremely professional and knowledgeable.

    “This law firm is extremely professional and knowledgeable. I contacted the firm via email for advice on a case, Stephannie Miranda emailed me back promptly and placed me in touch with Arthur Lebedin. ...”

    - Jack
  • They worked, fought and won my case.

    “I must commend Lebedin and Koffman for their excellent and professional service. They worked, fought and won my case. Their service has no parallel. Excellent, professional and humane staff. Thank you ...”

    - Bernadette
  • He got the case completely dismissed.

    “I had the pleasure of using Lebedin Kofman LLP, I was greatly satisfied, my son had a very difficult case, assault on NYC police officer, and he got the case completely dismissed. They also work with ...”

    - Gwendolyn
  • Highly recommend this lawyer.

    “Highly recommend this lawyer. I had my criminal case, they did the best results out of worse case.”

    - Gogo
/

Our Commitment

Fighting For Your Best Interest
  • We Have a Highly Experienced Legal Team
  • When You Hire Us, You Get Us
  • We Speak Korean, Mandarin, Portuguese, Russian & Spanish
  • We Offer Free Consultations In Person & Over The Phone
  • We Have a Proven Track Record
  • We Are Available 24/7

The Attorney You Hire 

Could Be Your Most Important Decision
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.