Criminal Sexual Act in the Second Degree is a sex crime in New York prohibiting individuals from engaging in oral or anal sex with a person who is incapable of providing consent, either because they are under 15 years old or because they are “mentally disabled” or “mentally incapacitated.” Committing a Criminal Sexual Act in the Second Degree is a class D felony.
The Elements of a Criminal Sexual Act in the Second DegreeBefore a judge or jury can convict anyone of Criminal Sexual Act in the Second Degree, the government must prove each element of the offense beyond a reasonable doubt. The elements of a Criminal Sexual Act in the Second Degree under subsection (1) are:
The elements of a Criminal Sexual Act in the Second Degree under subsection (2) are:
Examples of Criminal Sexual Acts in the Second Degree include:
Often, prosecutors bring charges of committing a Criminal Sexual Act in the Second Degree along with one or more of the following:
The defenses to Criminal Sexual Act in the Second Degree include:
Additionally, § 130.45 contains an affirmative defense that applies if the charges are based on the victim’s age, and the defendant is less than four years older than the victim at the time of the crime.
What Are the Penalties for Violating NY Penal Law § 130.45?Criminal Sexual Act in the Second Degree is a class D felony. In New York, class D felonies are punishable by a term of up to seven years in prison and a fine of up to $5,000. Additionally, anyone convicted of committing a Criminal Sexual Act in the Second Degree must register as a sex offender for at least 20 years.
Discuss Your Charges with a Knowledgeable New York Criminal Defense Attorney TodayIf you are facing charges related to criminal sexual conduct, it is essential that you have an experienced New York sex crimes defense lawyer representing your interests at every step of the process. At Tilem & Associates, P.C., we take pride in our ability to think outside the box when it comes to developing compelling defenses for our clients. We’re also skilled negotiators and can often convince prosecutors to offer favorable plea deals to those clients who are interested in a non-trial resolution. We are immediately available to meet with you to get started working on a compelling defense to the charges you face. To learn more, and to schedule a free consultation today, call 877-377-8666. You can also reach us through our online contact form.