How Are Sex Crimes Defined by New York Law?

In what ways are rape, sexual assault, and sexual abuse distinct crimes in the State of New York? Here’s how they’re similar: If you’re charged with any of these crimes on or near Long Island, you must reach out and contact a Nassau County sex crimes attorney immediately.

A variety of criminal offenses are categorized as sex crimes in New York, and while some sex crimes are considered more serious than others, rape, sexual assault, and sexual abuse are among the most serious and entail the harshest penalties for convictions.

What are your rights if you are charged with one of these crimes, and what steps will you need to take? How will a Nassau County sex crimes lawyer fight for justice on your behalf? Keep reading for the answers you may need now or in the future.

How Are Rape Crimes Classified?

Here’s how rape crimes are categorized and defined in New York:

  1.  First-degree rape (a Class B felony) is the use of force to engage in sexual intercourse; or sexual intercourse with someone who cannot consent because he or she is physically helpless; or sexual intercourse with someone who is under the age of consent in New York: 11 years old or with someone who is under age 13 if the alleged rapist is 18 or older.
  2.  Second-degree rape is a Class D felony defined as sexual intercourse with someone who cannot consent because he or she is mentally disabled or incapacitated; or, if the alleged rapist is 18 or older, sexual intercourse with someone less than 15 years old.
  3.  Third-degree rape is a Class E felony defined as sexual intercourse with someone who cannot consent for some reason other than being under age 17; or as sexual intercourse with someone without that person’s consent where the lack of consent is due to something other than an incapacity to consent.

Third-degree rape is also the charge if someone 21 or older has allegedly had sexual intercourse with someone under 17 years old.

How Are “Sexual Assault” Crimes Classified?

Here’s how sexual assault crimes are categorized and defined in New York. Predatory sexual assault (a Class A-II felony) is defined as committing one of the following crimes and causing serious injury to a victim or threatening the imminent use of a dangerous instrument:

  1.  first-degree rape
  2.  first-degree criminal sexual act
  3.  first-degree aggravated sexual abuse
  4.  first-degree course of sexual conduct against a child

Predatory sexual assault against a child (also a Class A-II felony) is the charge when a predatory sexual assault is committed against a victim under the age of 13 and the alleged perpetrator is 18 or older.

How Are “Sexual Abuse” Crimes Classified?

Eight different sexual abuse charges are available to prosecutors in New York. Here’s how sexual abuse crimes are categorized in this state:

  1.  Sexual abuse in the first degree is a Class D felony.
  2.  Sexual abuse in the second degree is a Class A misdemeanor.
  3.  Sexual abuse in the third degree is a Class B misdemeanor.
  4.  Persistent sexual abuse is a Class E felony.
  5.  First-degree aggravated sexual abuse is a Class B felony.
  6.  Second-degree aggravated sexual abuse is a Class C felony.
  7.  Aggravated sexual abuse in the third degree is a Class D felony.
  8.  Aggravated sexual abuse in the fourth degree is a Class E felony.

What Constitutes a Sexual Abuse Crime?

Subjecting someone to sexual contact without consent is third-degree sexual abuse. Second-degree sexual abuse happens when someone subjects someone else to sexual contact without consent and the victim is under 14 or can’t consent due to some factor other than being under 17.

First-degree sexual abuse happens when someone subjects someone else to sexual contact by:

  1.  physical compulsion; or
  2.  the other person cannot consent because he or she is physically helpless; or
  3.  is younger than age 11; or
  4.  is younger than age 13 and the alleged perpetrator is 21 or older

What Constitutes Aggravated Sexual Abuse?

In this state, aggravated sexual abuse happens when someone inserts a finger or a foreign object into another person’s anus, rectum, penis, urethra, or vagina. The charge is:

  1. first-degree aggravated sexual abuse if the perpetrator uses forcible compulsion and a foreign object causing physical injury to the victim; or the victim cannot consent because he or she is physically helpless, or the victim is less than 11 years old
  2.  second-degree aggravated sexual abuse if the perpetrator uses forcible compulsion and a finger causing physical injury to the victim, or the victim cannot consent because he or she is physically helpless, or the victim is less than 11 years old
  3.  aggravated sexual abuse in the third degree if the perpetrator uses forcible compulsion and a foreign object, and the victim cannot consent because he or she is physically helpless, or the victim is less than 11 years old. Aggravated sexual abuse in the third degree is also if the perpetrator uses a foreign object causing physical injury to the victim, and the victim cannot consent because he or she is mentally disabled or mentally incapacitated.
  4.  fourth-degree aggravated sexual abuse if the perpetrator uses a finger or foreign object and the victim cannot consent due to a reason other than being under 17 years old.

A medical professional touching someone for a valid medical purpose does not constitute sexual abuse or aggravated sexual abuse.

What Other Sex Crimes Are Prosecuted in New York?

A number of other sex crime charges are available to prosecutors in this state including sexual misconduct, solicitation, and “revenge” porn.

If you are charged with any sex crime on or near Long Island, you must be advised and represented by a Nassau County sex crimes attorney, and you must contact that attorney as quickly as possible.

But how can you find an attorney who is skilled and experienced at defending those who are accused of sex crimes? How can you find an attorney who will fight hard and diligently for the justice you need?

Why Should You Choose Attorney Gianni Karmily?

If you are charged with a sex crime, your freedom and future will be at risk. You must be represented and advised by a Nassau County sex crimes lawyer who will defend you aggressively and effectively. On Long Island, that lawyer is Gianni Karmily.

In most cases, when the charge is a sex crime, attorney Gianni Karmily will negotiate an acceptable plea deal, or if the plea deal is not satisfactory to the client, take your case to trial. Of course, each case is unique, and a specific defense strategy will depend on the details of the case.

With offices in Hempstead and Great Neck, the Law Firm of Gianni Karmily is ready to fight on your behalf, protect your rights, and bring your sex crime case to its best possible conclusion. If you are charged with a sex crime on or near Long Island – now or in the future – immediately call the Law Firm of Gianni Karmily at 516-630-3405 to schedule an in-depth case evaluation.