Criminal Sexual Act (NYPL 130.40-50)

Criminal sexual act in the third degree includes oral sexual contact between a minor who is younger than 17 and a defendant of any age. The charge of criminal sexual act in the third degree is similar to the charge of rape in the third degree. The difference is that rape involves sexual intercourse involving the penis penetrating the vagina, while criminal sexual act involves oral sexual conduct or anal sexual conduct.

Criminal sexual act in the second degree includes oral sexual contact between a minor who is younger than 13 when the defendant is at least 18 years old or at least 4 years older than the victim.

Criminal sexual act in the first degree includes oral sexual contact between a minor who is younger than 11 and a defendant of any age. It also includes a minor who is younger than 13 when the defendant is at least 18 years old.

Criminal sexual act in the third degree. N. Y. Penal Law § 130.40

A person is guilty of criminal sexual act in the third degree when:

  1. He/she engages in oral sexual conduct or anal sexual conduct with a person who is incapable of consent by reason of some factor other than being less than 17 years old;
  2. Being 21 years old or more, he/she engages in oral sexual conduct or anal sexual conduct with a person less than 17 years old; or
  3. He/she engages in oral sexual conduct or anal sexual conduct with another person without such person’s consent where such lack of consent is by reason of some factor other than incapacity to consent.

Criminal sexual act in the third degree is a class E felony, which incurs up to 4 years in prison.

Depending upon the circumstances of the incident it is very possible that you will face additional charges such as rape in the third degree, forcible touching, and endangering the welfare of a child. Either a man or a woman may be charged, prosecuted and convicted of criminal sexual act. The statute does not specify that the perpetrator in a case of criminal sexual act in the third degree must be male and the victim female.

Criminal sexual act in the second degree. N. Y. Penal Law § 130.45

A person is guilty of criminal sexual act in the second degree when:

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

It shall be an affirmative defense to the crime of criminal sexual act in the second degree as defined in subdivision one of this section that the defendant was less than 4 years older than the victim at the time of the act.

Criminal sexual act in the second degree is a class D felony, which incurs up to 7 years in prison.

Criminal sexual act in the first degree. N. Y. Penal Law § 130.50

A person is guilty of criminal sexual act in the first degree when he/she engages in oral sexual conduct or anal sexual conduct 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 11 years old; or
  4. Who is less than thirteen years old and the actor is 18 years old or more.

Criminal sexual act in the first degree is a class B felony, which incurs at least 5 (and up to 25) years in prison. In order for you to be charged with criminal sexual act in the first degree, the prosecutor must be able to show that there was a lack of consent. N.Y. Pen. Law § 130.05

Oral sexual conduct means conduct between persons consisting of contact between the mouth and the penis, the mouth and the anus, or the mouth and the vulva or vagina. Anal sexual conduct means conduct between persons consisting of contact between the penis and anus. N. Y. Penal Law § 130.00.

A mere accusation of committing a criminal sexual act, or any sex crime can be damaging to both your personal life and your professional life.

A charge of criminal sexual act can lead to several other criminal charges and could ultimately result in you spending years in jail. Because of the potential consequences of such a charge, you should immediately contact a criminal immigration lawyer who is familiar with defending people accused of or charged with criminal sexual act, rape, and other sex offenses.