New York Penal Law § 130.50 - Criminal Sexual Act in the First Degree

In New York, the crime of Criminal Sexual Act in the First Degree is a registerable sex offense that prohibits individuals from engaging in oral or anal sex by forcible compulsion or when, by virtue of their age, the alleged victim is unable to consent to the sexual conduct. Committing a Criminal Sexual Act in the First Degree is a class B felony.

Every criminal offense requires the prosecution to prove each element of the offense beyond a reasonable doubt. Thus, before a judge or jury can find that someone is guilty of committing a Criminal Sexual Act in the First Degree, it must prove the following:

• The defendant engaged in “oral sexual conduct” or “anal sexual conduct” with another person; and
• One or more of the following applied
  1. The defendant used forcible compulsion;
  2. The victim was incapable of providing consent because they were physically helpless;
  3. The victim was under 11 years old; or
  4. The victim was under 13 years old, and the defendant was 18 or older.

In the context of § 130.50, “forcible compulsion” refers to the use of physical force or threats that put another person in fear of death, physical injury, or that they would be kidnapped.

Examples of Criminal Sexual Acts in the First Degree include:

• Using a weapon to force someone into consenting to oral or anal sex;
• Threatening harm to a person’s loved one unless they agree to engage in oral or anal sex;
• Engaging in oral sex with a minor under 11 years old; or
• A 19-year-old has anal sex with a minor under 13 years old.

Often, prosecutors bring charges of committing a Criminal Sexual Act in the First Degree along with one or more of the following:

• Criminal Sexual Act in the Third Degree – NY Penal Law § 130.40
• Criminal Sexual Act in the Second Degree – NY Penal Law § 130.45
• Rape in the First Degree – NY Penal Law § 130.20
• Rape in the Third Degree – NY Penal Law § 130.25
• Rape in the Second Degree – NY Penal Law § 130.30
• Sexual Abuse in the Second Degree – NY Penal Law § 130.55
• Sexual Abuse in the First Degree – NY Penal Law § 130.60
• Forcible Touching – NY Penal Law § 130.52
• Sexual Misconduct – NY Penal Law § 130.20

The defenses to Criminal Sexual Act in the First Degree include:

• Consent (if consent is an element of the crime);
• Misidentification;
• Fabrication;
• The defendant did not use forcible compulsion; or
• No sexual conduct occurred.

Notably, the prosecution is not required to prove that the defendant knew the alleged victim was underage. Thus, lack of a person’s age is not a defense to Criminal Sexual Acts in the First Degree.

Criminal Sexual Act in the First Degree is a class B felony. In New York, upon conviction for a class B felony, the judge can sentence a defendant to up to 25 years in prison and issue a fine of up to $30,000. Additionally, committing a Criminal Sexual Act in the First Degree is considered a sexually violent offense under NY Correction Law § 168-a, anyone convicted of this offense must register as a sex offender for life.

If you’ve been charged with committing a criminal sexual act or any other sexually violent offense, the stakes couldn’t be higher. At Tilem & Associates, P.C., we have more than 25 years of hands-on experience investigating, negotiating, and litigating all types of sex cases on behalf of our clients. We think outside the box to ensure that your recent arrest has as little impact on your future as possible. The sex crime defense lawyers at Tilem & Associates, P.C., 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.