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

Under the New York Penal Law, Aggravated Sexual Abuse in the Third Degree is a sex crime that makes it illegal to insert a finger or foreign object into another’s penis, urethra, vagina, rectum or anus of another person without their consent. There are four degrees of Aggravated Sexual Abuse. Aggravated Sexual Abuse in the Third Degree applies when the defendant 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.

Before a judge or jury can convict anyone of any crime, including Aggravated Sexual Abuse in the Third Degree, the government must prove each element of the offense 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. One or more of the following apply
   1. The defendant 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 defendant inserted a finger into another person’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:

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

Depending on the situation, prosecutors may bring 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 several 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.

In addition, the following defense may apply in a case alleging Aggravated Sexual Abuse in the Third Degree:

• The alleged victim exaggerated or made up the allegations;
• The alleged victim was able to provide consent and actually consented to the conduct;
• The defendant’s finger or foreign object was not inserted into the alleged victim’s penis, urethra, vagina, rectum or anus; and

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 the rest of their life.

If you have been charged with a New York sex crime, having a skilled criminal defense attorney 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 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.