New York Child Victims Act: Applicable Sex Crimes Laws

Along with sweeping changes to the ability of child abuse victims to bring civil suits against their abusers, the New York Child Victims Act enhances law enforcement’s ability to bring related criminal charges against perpetrators of child sexual abuse. More specifically, the legislation allows the police to arrest and the District Attorney to charge alleged perpetrators of these offenses until the victim is 28 years old if the charges include a felony, and until the victim is 25 years old if the charges only include misdemeanors. Of heightened concern to criminal lawyers representing clients in New York Penal Law Article 130 sex crimes, the law extends the potential time frame for prosecutions an additional five years which in turn makes securing witnesses, evidence, communications and alibis that much more difficult whether an accusation stems from an occurrence ten, fifteen or many more years earlier.

Irrespective of the defense your criminal attorney deems the best or strongest, the types of charges that you could face include those under Article 130. These sex offenses include:

• PL 130.20 Sexual misconduct, an A misdemeanor
• PL 130.25 Rape in the third degree, an E felony
• PL 130.30 Rape in the second degree, a D felony
• PL 130.35 Rape in the first degree, a B felony
• PL 130.40 Criminal Sexual Act in the third degree, an E felony
• PL 130.45 Criminal Sexual Act in the second degree, a D felony
• PL 130.50 Criminal Sexual Act in the first degree, a B felony
• PL 130.52 Forcible touching, an A felony
• PL 130.53 Persistent sexual abuse, an E felony
• PL 130.55 Sexual abuse in the third degree, a B misdemeanor
• PL 130.60 Sexual abuse in the second degree, an A misdemeanor
• PL 130.65 Sexual abuse in the first degree, a D felony
• PL 130.95 Predatory sexual assault, an A-II felony
• PL 130.96 Predatory sexual assault against a child, an A-II felony
• PL 130.65a Aggravated sexual abuse in the fourth degree, an E felony
• PL 130.66 Aggravated sexual abuse in the third degree, a D felony
• PL 130.67 Aggravated sexual abuse in the second degree, a C felony
• PL 130.70 Aggravated sexual abuse in the first degree, a B felony
• PL 130.75 Course of sexual conduct against a child in the first degree, a B felony
• PL 130.80 Course of sexual conduct against a child in the second degree, a D felony
• PL 130.85 Female genital mutilation, an E felony
• PL 130.90 Facilitating a sex offense with a controlled substance, a D felony

A few other offenses are covered by other statute, but the predominant crimes are those listed above.

Assuming a person charged with crimes such as those above has no prior criminal history, the potential punishment ranges from a maximum of 90 days jail for a B misdemeanor such as Sexual Abuse in the Third Degree, to a maximum allowable sentence of 25 years to life in state’s prison for an A-II felony such as Predatory Sexual Assault Against a Child. Generally, the maximum penalty and punishment in prison or jail are as follows:

• Class A – Life
• Class B – 25 Years
• Class C – 15 Years
• Class D – 7 Years
• Class E – 4 Years

• Class A – 1 Year
• Class B – 90 Days

Keep in mind that these terms of imprisonment or jailing are maximum sentences. However, if you are a predicate-felon there are also mandatory minimums for every felony conviction. Even if you are not a predicate but have a criminal history, it is not atypical for judges to sentence those convicted far “north” of the minimum allowable time even if not the maximum.

Any defense to a sex crime is centered on and around the evidence or lack of the same. Can prosecutors ten years after an alleged incident secure an indictment and prove a case beyond a reasonable doubt? Can they do so based mostly on testimony of a complainant coupled with nominal corroboration? Can you confirm where you were, who you were with or the existence of any other alibi or evidence to best defend yourself? At the same time, if you are the victim of a sex offense, your credibility is critical and the more you provide to substantiate your allegations the greater the likelihood that you will secure the justice you seek. Simply, there are many questions and answers to full vet and examine.

Irrespective of those questions and no matter where you find yourself in the criminal justice system, the criminal defense attorneys, legal advocates, and former Manhattan prosecutors at Saland Law have the experience and knowledge to put you in the strongest position to achieve the results you need.

Call us now at 212.312.7129 or contact us online today.