Nassau County Criminal Lawyers
Sexual Offenses and Penalties under New York
State Penal Law
New York State Penal Code, Article
130, and the New York State Sexual Assault Reform Act (SARA) are the laws that
govern the prosecution of sexual offenses in New York State and Nassau County
as well as other counties. The following information is an interpretation of
New York State Penal Code and should not be substituted for any information or
advice offered by the local Nassau County District Attorney's Office.
Under New York State Law, a sexual
offense occurs in Nassau County when certain sexual acts are perpetrated against
a victim without his or her consent. The law defines both the behavior and the
physical nature of a sex offense and the lack of consent involved. "Lack
of consent" can be defined as: (a) occurring as a result of physical
force, coercion, or by threat either expressed or implied; (b) occurring when a
victim is physically unable to indicate lack of consent because the victim is
unconscious or because of a physical disability that makes one unable to
physically or verbally communicate lack of consent; (c) the result of mental
incapacitation in which the victim is temporarily incapable of understanding or
controlling his or her conduct because of a drug or other intoxicating
substance; or (d) when the victim is under 17 years of age.
DEFINITIONS UNDER NEW YORK STATE PENAL LAW (summary)
Nassau County/ Sexual Misconduct
Under New York State Penal law,
sexual misconduct in Nassau County is
defined as engaging in sexual intercourse with a female without their consent,
or engaging in deviate sexual conduct with a person without the latter's
consent. Sexual misconduct is classified as a Class A misdemeanor and definite
sentence of imprisonment up to one (1) year.
Sexual Abuse
Under New York State Penal law, if a
person is forced to engage in any form of sexual contact in Nassau County without consenting, it is considered
sexual abuse. Sexual abuse is classified as a Class A misdemeanor -- Class D
felony depending on the severity of offense and particular circumstances, and
can carry a maximum sentence of 15years' imprisonment.
Rape
Under New York State Penal law, if a
person engages in nonconsensual intercourse in Nassau
County due to physical force (forcible compulsion), due to coercion
or threat--actual or implied, engages in sexual nonconsensual intercourse with
another person who is less than 17 years old, or engages in sexual intercourse
with another person who incapable of giving informed consent due to physical,
emotional, or psychological disability or impairment the act is considered
rape. Rape is classified as a felony offense, Class B-D, depending on the
severity of the offense and can carry a maximum sentence of 25 years.
Sodomy
Under New York State Penal law, if a
person engages in nonconsensual deviate intercourse in Nassau County due to physical force, coercion, or
threat--actual or implied--the act is considered sodomy. Sodomy is classified
as a felony offense, up to Class B felony, depending on the severity of the
offense and can carry a maximum sentence of 25 years.
Brought to you by Nassau County sex offense and criminal defense lawyers and
attorneys.
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