New York Sex Crimes

New York Sex Crimes

Our experienced New York Sex Crimes attorneys can defend you against these 13 commonly charged NY Sex Offenses:

1. Rape

Under NY Penal Law, there are three different NY Rape charges. Specifically, they are:

• Rape in the First Degree (PL 130.35),
• Rape in the Second Degree (PL 130.30), and
• Rape in the Third Degree (PL 130.25).

Rape in the First Degree

A person is guilty of New York Rape in the First Degree, when he or she engages in sexual intercourse with another person:

1. By forcible compulsion; OR
2. Who is incapable of consent by reason of being physically helpless; OR
3. Who is less than eleven years old; OR
4. Who is less than thirteen years old and the actor is eighteen years old or more.

Sentences & Penalties for Rape in the First Degree

New York Rape in the First Degree is a Class “B” Violent Felony. As such, it is punishable by 5 to 25 years in prison. There may also be a fine of up to $5,000. Additionally, this charge is subject to New York SORA Registration.

Rape in the Second Degree

Under NY Penal Law, a person is guilty of Rape in the Second Degree when:

1. Being 18 years old or more, he or she engages in sexual intercourse with another person less than 15 years old; OR
2. He or she engages in sexual intercourse with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated.

Sentences & Penalties for Rape in the Second Degree

Rape in the Second Degree is a Class “D” Violent Felony. As such, it is punishable by 1 to 7 years in prison. There may also be a fine of up to $5,000. Additionally, this charge is subject to New York SORA Registration.

Rape in the Third Degree

Under NY Law, a person is guilty of Rape in the Third Degree when he or she engages in sexual intercourse with another person:

1. Who is incapable of consent by reason of some factor other than being less than 17 years old; OR
2. Who is less than 17 years old, and the defendant is over 21 years old; OR
3. Without such person`s consent where such lack of consent is by reason of some factor other than incapacity to consent.

Sentences & Penalties for Rape in the Third Degree

Rape in the Third Degree is a Class “E” not violent felony. Therefore, it is punishable by 1.5 to 4 years in prison. However, if there are mitigating circumstances, a determinate sentence of 1 year of less may be imposed.

2. Sexual Abuse

There are three degrees of sex abuse under New York Penal Law. Specifically, the charges are:

• Sexual Abuse in the First Degree (PL 130.65);
• Sexual Abuse in the Second Degree (PL 130.60); and
• Sexual Abuse in the Third Degree (PL 130.55).

Additionally, there are four degrees of Aggravated Sexual Abuse. They are:

• Aggravated Sexual Abuse in the Fourth Degree (PL 130.65-a);
• Aggravated Sexual Abuse in the Third Degree (PL 130.66);
• Aggravated Sexual Abuse in the Second Degree (PL 130.67);
• Aggravated Sexual Abuse in the First Degree (PL 130.70).

Sexual Abuse in the First Degree

Under New York Penal Law, a person is guilty of Sexual Abuse in the First Degree when he or she subjects another person to sexual contact:

1. By forcible compulsion; OR

2. When the other person is incapable of consent by reason of being physically helpless; OR

3. When the other person is less than 11 years old; OR

4. When the other person is less than 13 years old and the actor is 21 years old or older.

Sentences & Penalties for Sexual Abuse in the First Degree

Sexual Abuse in the First Degree is a Class D Violent Felony. As such, it it punishable by 2 to 7 years in prison. This New York Sex Crime is also subject to SORA Registration.

Sexual Abuse in the Second Degree

Sexual Abuse in the Second Degree under New York Law states that a person is guilty of sexual abuse in the second degree when he or she subjects another person to sexual contact and when such other person is:

1. Incapable of consent by reason of some factor other than being less than 17 years old; OR

2. Less than 14 years old.

Sentences & Penalties for Sexual Abuse in the Second Degree

Sexual Abuse in the Second Degree is a Class A misdemeanor. As such, it is punishable by up to 1 year in prison. SORA Registration is required.

Sexual Abuse in the Third Degree

The New York Sex Crime of Sexual Abuse in the Third Degree requires subjecting another person to sexual contact without their consent.

However, under this section, it is an affirmative defense if such other person’s lack of consent:

(a) Was only because of incapacity to consent by reason of being less than 17 years old, AND
(b) Such other person was more than 14 years old, AND (c) The defendant was less than 5 years older than such other person.

Sentences & Penalties for Sexual Abuse in the Third Degree

Sexual Abuse in the Third Degree is a Class B misdemeanor. Therefore, the crime is punishable by up to 60 days in jail. Additionally, if the victim is under the age of 18, SORA Registration is required.

Difference in New York Sex Crimes: Sexual Abuse v. Aggravated Sexual Abuse

The difference between these two New York Sex Crimes is that Sexual Abuse requires subjecting another person to sexual contact without their consent. However, Aggravated Sexual Abuse requires the insertion of a foreign object into another person’s vagina, urethra, penis, rectum or anus, without the other person’s consent.

Aggravated Sexual Abuse in the First Degree

Aggravated Sexual Abuse in the First Degree requires:

1. Insertion of a foreign object into the vagina, urethra, penis, rectum or anus of another person,
2. Physical injury to such person as a result of insertion, AND – Conduct performed by forcible compulsion; OR – The other person is incapable of consent because they are physically helpless; OR – The other person is less than 11 years old.

Importantly, conduct performed for a legitimate medical purpose is a defense to Aggravated Sexual Abuse in the First Degree charge.

Sentences & Penalties for Aggravated Sexual Abuse in the First Degree

Aggravated Sexual Abuse in the First Degree is a class B violent felony. As such, it it punishable by 5 to 25 years in prison. Additionally, this charge is subject to SORA Registration.

Aggravated Sexual Abuse in the Second Degree

Under New York Law, a person is guilty of Aggravated Sexual Abuse in the Second Degree when:

1. He or she inserts a finger in the vagina, urethra, penis, rectum or anus of another person AND
2. Causes physical injury to such person either by:
3. Forcible compulsion OR
4. When the other person is incapable of consent by because they are physically helpless OR
5. When the other person is under 11 years old.

Once again, conduct performed for a legitimate medical purpose does not violate this statute.

Sentences & Penalties for Aggravated Sexual Abuse in the Second Degree

Aggravated Sexual Abuse in the Second Degree is a Class C violent felony. As such, it is punishable by 3.5 to 15 years in prison. Additionally, this charge is also subject to SORA Registration.

Aggravated Sexual Abuse in the Third Degree

Under New York Penal Law, a person is guilty of Aggravated Sexual Abuse in the Third Degree when he or she:

1. Inserts a foreign object in the vagina, urethra, penis, rectum or anus of another person AND
2. Causes physical injury to such person AND
3. Such person is incapable of consent by reason of being mentally disabled or mentally incapacitated.

Similarly to the other New York Sex Crimes, conduct done for a legitimate medical conduct does not violate this statute.

Sentences & Penalties for Aggravated Sexual Abuse in the Third Degree

This New York Sex crime is a Class D violent felony. Therefore it is punishable by 2-7 years of prison. However, if there are mitigating circumstances, Aggravated Sexual Abuse in the Third Degree can be sentenced to probation. The duration of probation for this New York Sex Crime is 10 years.

Additionally, this charge is also subject to New York SORA Registration.

Aggravated Sexual Abuse in the Fourth Degree

The Aggravated Sexual Abuse in the Fourth Degree has the following elements:

1. Insertion of a foreign object in the vagina, urethra, penis, rectum or anus of another person, AND
2. The other person is incapable of consent by reason of some factor other than being less than 17 old; OR
3. Insertion of a finger in the vagina, urethra, penis, rectum or anus of another person, AND
4. Causing physical injury to such person, AND
5. Such person is incapable of consent by reason of some factor other than being less than 17 years old.

Sentences & Penalties for Aggravated Sexual Abuse in the Fourth Degree

Aggravated sexual abuse in the fourth degree is a class E violent felony. As such, this charge is punishable by 1.5 to 4 years in prison. In the event there are mitigating circumstances, a definite sentence of one year of less may be imposed. Additionally, this charge can also be punishable by probation This charge is also subject to SORA Registration.

3. Criminal Sexual Act

There are three different New York Sex Crimes relating to Criminal Sexual Acts. They are:

• Criminal Sexual Act in the First Degree (PL 130.50),
• Criminal Sexual Act in the Second Degree (PL 130.45)
• Criminal Sexual Act in the Third Degree (PL 130.40)

Criminal Sexual Act in the First Degree

Under New York 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:

1. By Forcible Compulsion; OR

2. Another person is incapable of consent because they are physically helpless; OR

3. Another person is less than 11 years old; OR

4. Another person is less than 13 years old and the actor is 18 years old or more.

Sentences & Penalties for Criminal Sexual Act in the First Degree

Criminal Sexual Act in the First Degree is a Class B Violent Felony. It is punishable by 5 to 25 years in prison. Additionally, this New York Sex Crime is subject to SORA Registration.

Criminal Sexual Act in the Second Degree

Under New York Law, the crime of Criminal Sexual Act in the Second Degree has the following elements.

1. Being 18 years old or more, engages in oral or anal sexual conduct with another person less than 15 years old; OR
2. Engaging in oral or anal sexual conduct with another person who is incapable of consent because of being mentally disabled or mentally incapacitated.

Defense to Criminal Sexual Act in the Second Degree

The statute, however, states that it is an affirmative defense to the crime of Criminal Sexual Act in the Second Degree, Subsection 1 (being 18 or older engaging in conduct with person less than 15 years old) that Defendant is less than four years older than the victim.

Sentences & Penalties for Criminal Sexual Act in the Second Degree

This New York Sex Crime is a Class D Felony. As such, it is punishable by 2 to 7 years in prison. However, if there are mitigating circumstances, a determinate sentence of one year or less may be imposed.

Additionally, a probationary sentence may be imposed for Criminal Sexual At in the Second Degree. Regardless of the ultimate sentence, this New York Sex Crime is subject to SORA Registration.

Criminal Sexual Act in the Third Degree

Under New York Law, the Crime of Criminal Sexual Act in the Third Degree has the following elements:

1. Engaging in oral or anal sexual conduct with a person who is incapable of consent by reason of some factor other than being under 17 years old; OR
2. Being 21 years old or more, engaging in oral or anal sexual conduct with a person under 17 years old; OR
3. Engaging in oral or anal sexual conduct with another person without such person’s consent where lack of consent is because of reason other than incapacity to consent.

Sentences & Penalties for Criminal Sexual Act in the Third Degree

This New York Crime is a Class E Non-Violent Felony. As such, it is punishable by 1 1/3 to 4 years in prison. However, a probation sentence may be imposed. Additionally, this New York Sex Crime is also subject to SORA Registration.

4. Sex Crimes Against Children

In New York, Sex Crimes against Children statutes are located in several different Articles of the New York Penal Law. New York Sex Crimes involving children can be divided into different categories:

• Rape and Criminal Sexual Acts involving a Child
• Possession or Creation of Child Pornography
• Forcible Touching and Sex Abuse involving Children
• Luring and Kidnapping of Children

Oftentimes, New York Sex crimes involving children are punishable by long sentences. Additionally, the SORA Registration requirements on sex crimes involving children, often have the strictest reporting and monitoring requirements.

5. Sex Trafficking

New York’s Sex Trafficking Offenses are located in Article 230 of the New York Penal Law. Importantly, there are two different Sex Trafficking charges:

• Sex Trafficking (PL 230.34)
• Sex Trafficking of a Child (PL 230.34-a)

Sex Trafficking (PL 230.34)

Under New York Law, Sex Trafficking under Penal Law 230.34 requires intentional advancement or profit from prostitution AND:

1. Providing drugs or alcohol to a person being trafficked with intent to impair their judgment.
2. Inducing a person to continue to engage in prostitution through false statements, misstatements or omissions.
3. Taking away, or destroying a passport of any other immigration or travel documents;
4. Requiring repayment of debt through prostitution;
5. Using force or instilling fear through a pattern of behavior to instill fear.

Sex Trafficking of a Child (PL 230.34-a)

New York has another Sex Trafficking charge, that specifically relates to the Sex Trafficking of Children. Under New York Penal Law 230.24-a, a person is guilty of Sex Trafficking of a Child when he or she:

1. Being 21 years old or more,
2. Intentionally advances or profits from prostitution of another person,
3. Such person is a child less than 18 years old.

Importantly, knowledge of the child’s real age is not required.

6. Forcible Touching

In New York, the Forcible Touching charge requires forcible touching of another person’s sexual intimate parts for your own sexual satisfaction of for the degradation of another. Specifically, New York Penal Law Section 130.52, has two different crimes of Forcible Touching:

1. Forcibly touches sexual or intimate parts of another person for the purpose of degrading or abusing such person, or for the purpose of gratifying the actor’s sexual desire; or

 2. Subjects another person to sexual contact for the purpose of gratifying the actor’s sexual desire and with intent to degrade or abuse such other person while such other person is a passenger on a bus, train, or subway car operated by any transit agency, authority or company, public or private, whose operation is authorized by New York state or any of its political subdivisions.

Importantly, squeezing, grabbing and pinching is conduct that is considered forcible touching.

Forcible Touching Sentencing and Penalties

Forcible touching is a Class A misdemeanor. As such, it is punishable by up to 1 year in prison. However, instead of jail time, individuals can be sentenced to probation. New York Forcible Touching probation is up to 6 years.

New York Sex Crime of Forcible Touching is subject to SORA Registration, when the complaining witness is under the age of 18. If the complaining witnesses are adults, then there is no SORA Registration for Forcible Touching.

7. Prostitution and Patronizing a Prostitute

New York has laws against buying and selling sex. Additionally, there are laws against pimping, or promoting prostitution.

Prostitution

Under New York Penal Law Section 230.00, a person is guilty of prostitution if they engage, agree or offer to engage in sexual conduct with another person in return for a fee.

New York Prostitution Penalties and Sentences

Prostitution in New York is a Class B Misdemeanor and as such is punishable by up to 90 days in jail. More practically, these cases often get dismissed at the completion of a program, or result in a non-criminal disposition. Importantly, a person cannot be prosecuted for prosecution if they themselves are a victim of Sex Trafficking or Compelling Prostitution.

Prostitution in a School Zone

Under New York Penal Law Section 230.03, a person is guilty of Prostitution in a school zone, when they engage in prostitution (as defined in New York Penal Law Section 230.00) and know or should know that they are in a school zone and that they are in direct view of the children attending the school.

New York Prostitution in a School Zone Penalties and Sentences

The New York Sex Crime of Prostitution in a School Zone is a Class A misdemeanor. Therefore, it is punishable by up to 1 year in prison. More practically, these cases often get dismissed at the completion of a program, or result in a non-criminal disposition.

Patronizing a Prostitute

Under New York Penal Law, there are three different charges relating to patronizing a prostitute, ranging from third degree (Class A Misdemeanor) to first degree (Class D Felony). The difference in these charges relates to the age of the person being prostituted.

Sentences & Penalties for Patronizing a Prostitute

Under New York Penal Law Section 230.04, Patronizing a Prostitute in the Third Degree is a Class A Misdemeanor, which is punishable by up to one year in prison. Oftentimes, these first time offenders get an opportunity to resolve these cases by completing counseling or a program, such as Project Respect in Brooklyn, for example.

Under New York Penal Law Section 230.05, Patronizing a Prostitute in the Second Degree is a Class E Violent Felony, which is punishable by 1 1/2 to 4 years in prison.

Under New York Penal Law Section 230.06, Patronizing a Prostitute in the First Degree is a Class D Violent Felony, which is punishable by 2 to 7 years in prison.

Promoting Prostitution

New York Sex Crimes involving the Promoting Prostitution are located in Article 230 of the New York Penal Law. There are four charges relating to promotion of prostitution, specifically they are:

• Promoting Prostitution in the First Degree (PL 230.32)
• Promoting Prostitution in the Second Degree (PL 230.30)
• Promoting Prostitution in the Third Degree (PL 230.25)
• Promoting Prostitution in the Fourth Degree (PL 230.20)

The difference in these charges depends on:

1. Number of individuals being prostituted;
2. Age of the individuals; AND
3. Whether any force or intimidation is involved.

New York Promoting Prostitution Sentences & Penalties

Promoting Prostitution in the First Degree

Under New York Penal Law 230.32, Promoting Prostitution in the First Degree is a Class B Violent Felony. As such, it is subject to a sentence of 5 to 25 years in prison. This charge is also subject to SORA Registration.

Promoting Prostitution in the Second Degree

Under New York Penal Law 230.30, Promoting Prostitution in the Second Degree is a Class C Violent Felony. The sentencing range is 3.5 to 15 years in prison. Also, this charge is subject to SORA Registration.

Promoting Prostitution in the Third Degree

Under New York Penal Law 230.25, Promoting Prostitution in the Third Degree is a Class D Felony. The sentencing range is 2 to 7 years in prison. This charge is also subject to SORA Registration.

Promoting Prostitution in the Fourth Degree

Under New York Penal Law PL 230.20, Promoting Prostitution in the Fourth Degree, is a Class A Misdemeanor. Therefore, the maximum sentence is 1 year in prison. There is no SORA Registration for this charge.

8. Public Lewdness & Indecent Exposure

New York has six public lewdness and indecent exposure charges. All of them are either misdemeanors or violations. Specifically, these charges are:

• Public Lewdness (New York PL 245.00)
• Public Lewdness in the First Degree (New York PL 245.03)
• Exposure of a Person (New York PL 245.01)
• Promoting the Exposure of a Person (New York PL 245.02)
• Offensive Exhibition (New York PL 245.05)
• Public Display of Offensive Sexual Material (New York PL 245.11)

Public Lewdness

Under New York Law, a person is guilty of public lewdness when he or she:

1. Intentionally exposes private or intimate parts of their body in a lewd manner, OR
2. Commits another lewd act in a public place, OR in circumstances in which they can readily be observed from a public place OR while trespassing in a dwelling while being observed by a lawful occupant.

This charge is a Class B Misdemeanor and is punishable by up to 90 days in jail.

Public Lewdness in the First Degree

Public Lewdness in the First Degree is a more serious charge than Public Lewdness (described above). Under New York Law, a person is guilty of public lewdness in the first degree when:

1. Being 19 years or older,
2. Intending to be observed by a person less than 16 years old,
3. Either in a public place, or in a private place that can be readily observed from a public place, or while trespassing in a dwelling;
4. Exposes private or intimate parts of his or her body in a lewd matter
5. For the purpose of alarming or seriously annoying such other person
6. Observed by such person in such place.

Additionally, Public Lewdness in the First Degree can be charged is an individual has previously been convicted of Public Lewdness in the preceding year.

Penalties & Sentences Public Lewdness in the First Degree

This charge is a Class “A” Misdemeanor and is punishable by up to 1 year in prison.

Exposure of a Person

New York’s Exposure of a Person stature criminalizes appearing in a public place with private or intimate parts of the body unclothed or exposed.

Penalties & Sentences Exposure of a Person

New York Sex Crime of Exposure of a Person charge is a violation. Therefore, it can be punishable by up to 15 days in jail. Practically speaking, these types of cases likely will be resolved with an ACD or a Violation and Time Served (no jail time).

Promoting the Exposure of a Person

New York Promoting the Exposure of a Person charge, prohibits knowingly conducting, maintaining, owning, managing or operating any public premise or place where a person appears in such a manner that his or her private of intimate parts are unclothed or exposed.

Sentences & Penalties for Promoting the Exposure of a Person

This charge is a violation, which is punishable by up to 5 days in jail. Frequently, these types of charges are resolved without any jail time, sometimes with a time served or an ACD.

Public Display of Offensive Sexual Material

New York’s Public Display of Offensive Sexual Material charge has the following elements:

1. With knowledge of character and content
2. Displays or permits to be displayed
3. In a manner that’s visible to the public
4. Any pictorial, three dimensional or other visual representation that appeals to prurient interest in sex AND
5. Depicts nudity, OR actual or simulated sexual conduct or sado-masochistic abuse, OR unclothed or apparently unclosed private or intimate body parts.

Sentences & Penalties for Public Display of Offensive Sexual Material

This New York Sex Crimes Charge is a Class A Misdemeanor. As such, it is punishable by up to a year in jail.

9. Child Pornography

Child pornography is both a New York State and a federal offense. New York Child Pornography charges are codified in Article 263 of the New York Penal Code. Specifically, New York Child Pornography Charges are:

• Use of a Child in a Sexual Performance (NY Penal Law 263.05)
• Promoting an Obscene Sexual Performance by a Child (NY Penal Law 263.10)
• Possessing an Obscene Sexual Performance by a Child (NY Penal Law 263.11)
• Promoting a Sexual Performance by a Child (NY Penal Law 263.15)
• Possessing a Sexual Performance by a Child (NY Penal Law 263.16)
• Facilitating a Sexual Performance by a Child with a Controlled Substance or Alcohol (NY Penal Law 263.30)

Penalties and Sentencing for New York Child Pornography Charges

All New York Sex Crimes relating to child pornography are felonies. These charges are also subject to SORA Registration.

10. Unlawful Surveillance

New York Sex Crimes relating to unlawful surveillance can be doing in New York Penal Law Sections 250.45 and 250.50. These charges are Unlawful Surveillance in the First Degree and Unlawful Surveillance in the Second Degree. Both of these charges are felonies, but only Unlawful Surveillance in the First Degree is subject to SORA Registration.

Unlawful Surveillance in the Second Degree

Unlawful Surveillance in the Second Degree involves a secret installation of a camera, or otherwise some type of a secret recording to capture images of intimate or private parts of another person without their knowledge. The required intent for this New York Sex Crime is either personal sexual gratification or for the degradation of another.

Unlawful Surveillance in the First Degree

This charge has the same elements as Unlawful Surveillance in the Second Degree, however, it requires a prior conviction for Unlawful Surveillance in the First Degree or Unlawful Surveillance in the Second Degree in the prior 10 years.

11. Incest

New York has three Criminal Incest charges criminalizing sexual relationships or marriages between an individual and their ancestor, descendant, brother or sister of either the whole or the half blood, uncle, aunt, nephew or niece.

3 New York Incest Charges:

1. NY Incest in the First Degree,
2. NY Incest in the Second Degree, AND
3. NY Incest in the Third Degree.

The difference in these charges have to do with whether the relationship/sexual contact is consensual or whether it is coerced or forced.

New York Incest Penalties and Sentences

All three of these New York charges are felonies and are subject to SORA Registration.

Contact a Top Rated New York Sex Crimes Attorney Today

New York Sex Crimes have some of the highest penalties out of all the crimes in the state of New York. Additionally, even after the completion of a prison sentence or a probation term, many of these crimes have decade-long, if not lifetime SORA Registrations. Please call us at 212-729-9494 or contact us today for your free initial consultation. Schedule with an Expert Top Rated New York Sex Crimes Attorneys today for a consultation regarding your case or modification of SORA Registration level.