Sexual Abuse in the Second Degree is a New York sex crime that punishes individuals who subject others to sexual contact who are either under 14 years old or unable to provide consent. Sexual Abuse in the Second Degree is a class A misdemeanor.
The Elements of Sexual Abuse in the Second DegreeBefore a judge or jury can convict anyone of a crime, the prosecution must establish each element of the offense beyond a reasonable doubt. The elements of Sexual Abuse in the Second Degree that the prosecution must prove are:
In this context, the term “sexual contact” refers to touching another’s sexual organs or intimate body parts for the purpose of sexual gratification. Touching a person’s intimate body parts over the clothes is considered sexual contact.
Notably, it is not an element of the offense that the defendant did not know that the alleged victim was under 14 or that the defendant thought that they were 14 or older.
Examples of Sexual Abuse in the Second DegreeThe following are examples of Sexual Abuse in the Second Degree:
Often, prosecutors bring Sexual Abuse in the Second Degree charges along with one or more of the following:
The defenses to Sexual Abuse in the Second Degree include:
Additionally, in some cases, misidentification can be a defense to Sexual Abuse in the Second Degree; however, this is typically only when the alleged victim did not previously know the defendant. Additionally, a police officer’s violation of the defendant’s constitutional rights when taking a statement may also be a defense in those cases where the defendant provided a statement.
What Are the Penalties for Violating NY Penal Law § 130.60?Sexual Abuse in the Second Degree is a class A misdemeanor. In New York, class A misdemeanors are punishable by up to a year in jail and a fine of up to $1,000. Additionally, Sexual Abuse in the Second Degree is considered a “sex offense,” and anyone convicted of this crime will be required to register as a sex offender for at least 20 years and possibly for the rest of their life.
Discuss Your Case With an Experienced New York Sex Crimes Defense Attorney TodayWhile Sexual Abuse in the Second Degree is a misdemeanor, if you are convicted, you’ll face mandatory sex offender registration. Thus, if you have been charged under § 130.60, it is imperative that you get started on your defense as soon as possible. At the law firm of Tilem & Associates, P.C., our dedicated criminal defense attorneys have more than 25 years of experience defending everyday people charged with serious crimes, helping them preserve everything they’ve worked so hard for. 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.