New York Penal Law § 130.66 – Aggravated Sexual Abuse in the Third Degree

In New York, Aggravated Sexual Abuse in the Third Degree is a sexual offense that makes it illegal to insert a finger or object into another person’s penis, urethra, vagina, rectum or anus of another person without their consent. New York law maintains four degrees of Aggravated Sexual Abuse. Aggravated Sexual Abuse in the Third Degree is relevant when the accused uses “forcible compulsion” or the alleged victim is physically helpless. The offense also covers situations in which the alleged victim is younger than 11 or when they are under 13 years old and the defendant is 18 or older. Aggravated Sexual Abuse in the Third Degree is a class D felony.

A judge or jury cannot convict anyone of any offense, such as Aggravated Sexual Abuse in the Third Degree, unless the prosecution establishes each component of the crime beyond a reasonable doubt. There are two ways someone can commit Aggravated Sexual Abuse in the Third Degree.

Under § 130.66(1), the elements of Aggravated Sexual Abuse in the Third Degree are:

1. The defendant inserted a foreign object into another person’s vagina, penis, urethra, anus or rectum; and
2. At least one of the below apply:
   1. The accused used forcible compulsion;
   2. The alleged victim was physically helpless;
   3. The alleged victim was under 11 years old; or
   4. The alleged victim was under 13 years old, and the defendant was over 18.

Under § 130.66(2), the elements of Aggravated Sexual Abuse in the Third Degree are:

1. The accused inserted a finger into another’s vagina, penis, urethra, anus or rectum;
2. The person suffered physical injury; and
3. The person was unable to consent because they were either mentally incapacitated or mentally disabled.

Examples of Aggravated Sexual Abuse in the Third Degree include:

• The accused inserts an object, such as a sexual toy, into the vagina of a person who is intellectually disabled and cannot provide consent; or
• Without a valid medical purpose, the accused inserts an object into the anus of a nursing home resident suffering from dementia.

The government may file the following charges along with Aggravated Sexual Abuse in the Third Degree:

• Aggravated Sexual Abuse in the First Degree – NY Penal Law § 130.70
• Aggravated Sexual Abuse in the Second Degree – NY Penal Law § 130.67
• Aggravated Sexual Abuse in the Fourth Degree – NY Penal Law § 130.65-A
• Forcible Touching – NY Penal Law § 130.52
• Sexual Misconduct – NY Penal Law § 130.20
• Criminal Sexual Act in the First Degree – NY Penal Law § 130.50
• Criminal Sexual Act in the Second Degree – NY Penal Law § 130.45
• Criminal Sexual Act in the Third Degree – NY Penal Law § 130.40

There are many defenses to Aggravated Sexual Abuse in the Third Degree. For example, under NY Penal Law § 130.66(3), it is a defense to Aggravated Sexual Abuse in the Third Degree that the defendant’s conduct was performed for valid medical purposes. For example, a doctor conducting a necessary medical exam does not violate the Aggravated Sexual Abuse statutes.

Moreover, the following defenses may apply in a case alleging Aggravated Sexual Abuse in the Third Degree:

• The alleged victim exaggerated or made up the offense;
• The alleged victim was able to provide consent and actually consented to the conduct;
• The accused did not insert their finger or any foreign object into the purported victim's penis, urethra, vagina, rectum, or anus; and
• False identification.

Aggravated Sexual Abuse in the Third Degree is a class D felony, punishable by up to seven years in prison and a maximum fine of $5,000. Additionally, a conviction for Aggravated Sexual Abuse in the Third Degree requires the defendant to register as a sex offender for their lifetime.

If you have been charged with a New York sex offense, having a skilled criminal defense lawyer by your side can make the difference in your case. At Tilem & Associates, P.C., our New York sex crimes lawyers have extensive hands-on experience aggressively defending the rights of individuals facing serious sexual offenses. We are ready to meet with you right away to begin crafting a strong defense against the charges you're confronting. For further details and to arrange a complimentary consultation today, dial 877-377-8666. Alternatively, you can contact us using our online form.