New York Penal Law § 130.67 – Aggravated Sexual Abuse in the Second Degree

Under the New York Penal Law, Aggravated Sexual Abuse is one of many sex crimes. Specifically, these offenses prohibit individuals from inserting a finger into another’s rectum, anus or sexual organ. There are four degrees of Aggravated Sexual Abuse. Aggravated Sexual Abuse in the Second Degree applies when the defendant uses “forcible compulsion” or the alleged victim is physically helpless or under 11 years old. Aggravated Sexual Abuse in the Second Degree is a class C felony.

Before a judge or jury can convict anyone of any crime, including Aggravated Sexual Abuse in the Second Degree, the government must prove each element of the offense beyond a reasonable doubt.

Under § 130.67(2), the elements of Aggravated Sexual Abuse in the Second 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. One of more of the following apply:
   1. The defendant used forcible compulsion;
   2. The alleged victim was physically helpless; or
   3. The alleged victim was under 11 years old at the time.

Examples of Aggravated Sexual Abuse in the Second Degree include:

• A defendant inserts their finger into the vagina of a child under 11 years old;
• A defendant inserts a finger into the anus of someone who is physically incapacitated by reason of intoxication; or
• A defendant places their finger into the sexual organ of another by threat of force or violence.

Depending on the situation, prosecutors may bring the following charges along with Aggravated Sexual Abuse in the Second Degree:

• 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
• Aggravated Sexual Abuse in the First Degree – NY Penal Law § 130.70
• Aggravated Sexual Abuse in the Third Degree – NY Penal Law § 130.66
• Aggravated Sexual Abuse in the Fourth Degree – NY Penal Law § 130.65-A

There are several defenses to Aggravated Sexual Abuse in the Second Degree. For example, under NY Penal Law § 130.67(2), it is a defense if the defendant’s conduct was performed for valid medical purposes. A situation where this may come up is if a doctor conducts a necessary medical exam of a patient.

In addition, the following defenses may also apply:

• The alleged victim fabricated the allegations;
• The alleged victim consented to the conduct (when age is not an element of the offense); and
• The defendant’s finger or foreign object was not inserted into the alleged victim’s penis, urethra, vagina, rectum or anus.

Depending on the situation, misidentification could be a defense if the alleged victim was not familiar with the defendant. Additionally, the legality of the officer’s investigatory methods can be challenged if the prosecution’s case is built at least in part on statements made by the accused or evidence obtained through a search.

Aggravated Sexual Abuse in the Second Degree is a class C felony, punishable by up to 15 years in prison and a maximum fine of $15,000. Additionally, being convicted of Aggravated Sexual Abuse will require you to register as a sex offender for the rest of your life.

Aggravated Sexual Abuse is an extremely serious crime, and if you’re convicted, you’ll almost certainly face a lengthy jail sentence and mandatory sex offender registration. However, at Tilem & Associates, P.C., our West Chester criminal defense lawyers have more than 25 years of experience defending clients charged with serious sex crimes. We understand the best defenses to Aggravated Sexual Abuse, when they apply, and how to effectively use them to ensure your arrest has as little impact on your future as possible. 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.