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Sexual abuse encompasses a wide range of behaviors as defined by New York state law, with its core element being non-consensual sexual contact or physical contact. The New York Penal Code classifies a sex crime as any instance of non-consensual sexual contact or touching, whether it occurs on bare skin or over clothing.
The severity of a sex crime depends on factors such as the victim’s age, vulnerability, and ability to provide consent. A first-degree sexual crime occurs under circumstances involving physical force or violence, contact with a person with a disability, or contact with a victim under 11 years old when the perpetrator is over 21. First-degree sex crimes are the most severe and become aggravated when the victim sustains injuries or physical harm.
Sexual abuse charges are also influenced by the age and consent capacity of the victim. Third-degree Sexual Abuse represents the baseline charge, while Second-degree Sexual Abuse pertains to victims under the age of 17 or 14, depending on the offender’s age.
Charges are further affected by factors like the use of physical force or threats of serious violence, the incapacity of the other person due to physical or mental disabilities, the age of the victim (less than 11 years old), or the victim’s age (less than 13 years old) when the perpetrator is over 21.
Additionally, aggravated sexual assault refers to sexual abuse that inflicts injuries, maims, or physically harms a victim, who may be mentally or physically incapacitated during the assault.
Sex crimes encompass various offenses, including but not limited to:
Importantly, sexual intercourse is not a prerequisite for a crime to be classified as a sex crime.
In all sex crime cases, retaining legal representation from an experienced New York sex crimes attorney is essential. Convictions in sex crime cases can lead to severe penalties, including imprisonment, stiff fines, lengthy probation, and lifelong registration on a sexual offenders registry. Anyone facing a sex crime charge, regardless of its severity, should consult one of our dedicated New York criminal defense attorneys.
After an arrest, you must safeguard your interests, refraining from making self-incriminating statements. As a United States citizen, you possess certain rights, including the right to remain silent, the right against self-incrimination, and the right to have an attorney present. Understanding and exercising these rights is pivotal in mounting an effective defense against the accusations.
Our experienced New York sex crime defense lawyers at Jonna Spilbor Law are highly experienced in sex crimes, and we work hard to reduce or dismiss your criminal charges. For exceptional legal assistance, contact our sex offender defense lawyers at Jonna Spilbor Law at (845) 485-2529.
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