A criminal sexual act is treated in much the same way as a rape under the laws of the state of New York. If you have been charged with a criminal sexual act, you are facing the possibility of some very serious punishments. Sex crimes are often viewed harshly under the law, and judges rarely take mercy on those convicted of a sex crime. You will want to retain qualified legal representation to defend you in this serious case.
There are three degree of criminal sexual act charges in the state of New York. These three degrees exactly mimic those under the rape law, with the exception that a criminal sexual act is defined as oral or anal sexual conduct, unlike rape, which is considered sexual intercourse.
Criminal Sexual Act in the Third Degree
This is a class E felony that has three possible definitions that can apply to a specific case.
- engaging in oral or anal sexual conduct with someone incapable of consent
- engaging in oral or anal sexual conduct with someone less than 17 years old when the accused is over 21
- engaging in oral or anal sexual conduct with someone without consent
The punishment for a conviction on these charges can be as much as four years in prison.
Criminal Sexual Act in the Second Degree
For this class D felony, the court needs to see one of two factors present.
- engaging in oral or anal sexual conduct with someone less than 15 years old when the accused is 18 or older
- engaging in oral or anal sex with someone that is unable to consent due to mentally disability
This charge can face punishments of up to seven years in prison for a conviction.
Criminal Sexual Act in the First Degree
For this most serious charge, the court will look for one of the following four points while engaging in oral or anal sexual conduct-
- by forcible compulsion
- with someone incapable of consent by reason of being physically helpless
- with someone who is less than 11 years old
- with someone who is less that 13 years old while the accused is 18 years old or older
First degree criminal sexual act charges come as a class B felony, punishable by up to 25 years in prison.
If you are being charged with any degree of criminal sexual act, you need to retain qualified legal council right away. David Galison is an experienced defense attorney that will work hard to protect you. Give us a call today at 516-242-4477 for a free consultation.