Aggravated Sexual Abuse

In addition to sex abuse, there is aggravated sexual abuse crime, with four degrees of severity, ranging from one to four. Fourth degree offenses are less serious in the penalty phase of a trial, but no less damaging to one’s criminal record.

Aggravated sexual abuse in the fourth degree. N. Y. Penal Law § 130.65-a

A person is guilty of aggravated sexual abuse in the fourth degree when he/she inserts a foreign object or a finger in the vagina, urethra, penis, rectum or anus of another person and the other person is incapable of consent by reason of some factor other than being less than 17 years old.

Aggravated sexual abuse in the fourth degree is a class E felony and you could be sentenced to up to 4 years in prison.

Aggravated sexual abuse in the third degree. N. Y. Penal Law § 130.66

A person is guilty of aggravated sexual abuse in the third degree when he/she inserts a foreign object in the vagina, urethra, penis, rectum or anus of another person:

  • By forcible compulsion; or
  • When the other person is incapable of consent by reason of being physically helpless; or
  • When the other person is less than 11years old.
  1. A person is guilty of aggravated sexual abuse in the third degree when he/she inserts a foreign object in the vagina, urethra, penis, rectum or anus of another person causing physical injury to such person and such person is incapable of consent by reason of being mentally disabled or mentally incapacitated.

Aggravated sexual abuse in the third degree is a class D felony and can carry a sentence of up to 7 years in prison.

Aggravated sexual abuse in the second degree. N. Y. Penal Law § 130.67

A person is guilty of aggravated sexual abuse in the second degree when he/she inserts a finger in the vagina, urethra, penis, rectum or anus of another person causing physical injury to such person:

  • By forcible compulsion; or
  • When the other person is incapable of consent by reason of being physically helpless; or
  • When the other person is less than 11 years old.

Aggravated sexual abuse in the second degree is a class C felony and can carry a sentence of up to 15 years in prison.

Aggravated sexual abuse in the first degree. N. Y. Penal Law § 130.70

A person is guilty of aggravated sexual abuse in the first degree when he/she inserts a foreign object in the vagina, urethra, penis, rectum or anus of another person causing physical injury to such person:

  • By forcible compulsion; or
  • When the other person is incapable of consent by reason of being physically helpless; or
  • When the other person is less than 11 years old.

Aggravated sexual abuse in the first degree is a class B felony and can carry a maximum sentence of 25 years in prison.

Conduct performed for a valid medical purpose does not violate the provisions of these sections.

A sex charge will stay on your record forever. In sex abuse cases, the percentage of convictions landed is high. Don’t make the mistake of talking or explaining before you speak to your lawyer. You should refuse to make a statement until you have had counsel from a criminal defense lawyer that focuses on the complexities of sex abuse laws. As soon as you are arrested or even questioned about an incident that could lead to a charge of aggravated sexual abuse, you should immediately contact an experienced criminal lawyer.