Though no sex crimes attorney in New York will describe any sex offense as insignificant, of all the Article 130 sex offenses in New York State and the three degrees of Sexual Abuse codified in Penal Law 130.55, 130.60 and 130.65 respectively, Third Degree Sex Abuse has the least significant potential sentence of them all. “Only” a class “B” misdemeanor, Penal Law 130.55 does not mandate registration as a sex offender pursuant to the Sex Offender Registration ACT (SORA) for every case but you can still find yourself subject to years long government oversight if you are convicted. Setting that aside, whether you spend a day in custody or are forced to register, if you lack the permission and consent of a person you have sexual contact with, you should expect that you will be charged with Third Degree Sex Abuse or even one of many far worse New York State sex crimes and that the District Attorney will seek your accountability along with a conviction.
Understand the Crime: PL 130.55At its core, the central piece of this class “B” misdemeanor is the lack of permission. Assuming that consent is lacking, for a judge or jury to find you guilty you must also have “sexual contact” with the other party. As written out in the code, “sexual contact” occurs when you touch another person’s sexual or intimate parts including the vagina, penis, breasts or elsewhere, because you want to sexually gratify yourself or that other person. No, the touching needn’t be underneath clothes just as the law does not require any type of penetration or actual intercourse to occur. Further, if a man ejaculates upon another person’s clothing or body, this will violate the Penal Law as well. Keep in mind that a complainant or victim’s lack of consent can be actual, age based, through forcible compulsion, due to mental or physical inability, or other factors more fully addressed on the general information page for all three degrees of New York Sexual Abuse.
Affirmative Defenses: PL 130.55One of the more important affirmative defenses to this crime is where the person who is on the alleged wrongful receiving end of the unlawful contact was 16 or 15 years of age and you, the accused, are less than five years older than that other party. Keep in mind that this affirmative defense is written into the code but does not preclude other defenses. In fact, your defense may very well be that the allegation against you was fabricated by your accuser. Remember, prosecutors are never relieved of their burden to prove their case beyond a reasonable doubt.
Hypothetical Scenario & Example: PL 130.55Fairly straight forward, if a woman you just met comes back to your apartment or you go to hers, and, without violence, you begin to rub her breasts and vagina on top of her clothing, you could face this charge if you do so without her permission and for your own or what you believe to be for her sexual pleasure.
Potential Sentence & SORA: PL 130.55As briefly referenced above, if you are convicted of this crime, not only is the criminal record permanent, aka, you will never scrub it away, but you face as much as ninety days in jail. No, that is not anywhere near the possible incarceration you face on a felony, but no jail and no time in custody is time well spent in a safe and healthy environment. For that matter, even when you get out or after you complete probation or some other condition of your plea as a judge hands down, you may be required to register as a sex offender pursuant to SORA.
At bottom, the potential sentence is a real concern but if you find yourself being investigated for or arrested and charged with Third Degree Sex Abuse, the life altering consequence is to your character, career, livelihood and family.
Your Case, Your Life, Your Defense, Your FutureSex crimes allegations are debilitating. An arrest and accusation can permanently scar you and your future. No matter the degree nor your potential punishment, any conviction is a loss and often a devastating one. Think things through, exercise your rights, protect yourself, and retain the right attorney who can lead you with experience, knowledge and advocacy as you navigate through what is undoubtedly a nightmare that can and will get worse if you do not.
Saland Law is a criminal defense and sex crimes defense firm founded by Jeremy Saland, a former Manhattan prosecutor. To learn more about the degrees of Sex Abuse and other misdemeanor and felony sex crimes codified in the New York Penal Law, please follow the links above.
Call us at 212.312.7129 or contact us online today to speak with our New York attorneys and former Manhattan prosecutors.