New York imposes harsh penalties for sex offense convictions. Sex offenses in New York range from Class B misdemeanors to Class A-II felonies depending on the conduct involved, the harm caused, and other factors, such as the victim's age or ability to consent.
All felony sex offense convictions carry a possible prison sentence and post-release supervision term. A conviction can also mean sex offender registration requirements and other collateral consequences.
The laws on sex offense crimes and penalties are complex and subject to change. This article will provide a general overview of prohibited sexual behavior, including penalties and enhanced penalties, but cannot cover every detail of the law. Be sure to consult an attorney if you have questions.
New York law specifies several types of prohibited sexual behavior. Penalties for sex offenses vary depending on:
For those sex offenses that the law divides into degrees, the penalties typically increase in severity based on certain aggravating factors. First-degree offenses carry the harshest penalties and the penalties go down in severity for second-, third-, and fourth-degree crimes—fourth-degree being the lowest.
Common aggravating factors for first-degree sex offenses include:
The remaining degrees tend to be offense-specific. More information can be found in article 130 of the New York Penal Code.
Below are descriptions and penalties for some of the more commonly charged sex offenses. Felony sentencing provisions can be found in the next section.
Rape involves nonconsensual sexual intercourse with another person. New York law divides this offense into three degrees, plus the lowest offense level of sexual misconduct. First-, second-, and third-degree rape are all felony offenses with the following penalties:
The lowest offense level is sexual misconduct and—a class A misdemeanor punishable by a year in jail.
Aggravated sexual abuse involves nonconsensual digital penetration or penetration with a foreign object of a person's vagina or anus. All four degrees of this crime carry felony penalties, ranging from a class E to a class B felony. Offenses resulting in physical injuries to the victim carry the harshest penalties as a first- or second-degree crime.
Sexual abuse refers to nonconsensual sexual contact, which includes any touching of another person's sexual or intimate parts to gratify sexual desires. Touching includes direct touching of a victim's body, indirect touching through clothing, and ejaculating onto a victim (clothed or unclothed body part). This crime carries three penalty levels: first- through third-degree. A person convicted of first-degree sexual abuse faces a class D felony sentence. A conviction for a second- or third-degree crime results in a misdemeanor, punishable by up to three months' jail time for third-degree and up to one year's jail time for second-degree.
It's also a crime to intentionally and, for no legitimate reason, forcibly touch another's sexual or intimate parts with the intent of degrading or abusing that person or of satisfying the actor's own sexual desires. Forcible touching includes squeezing, grabbing, or pinching. A conviction carries a class A misdemeanor penalty of up to a year in jail.
(N.Y. Penal Law §§ 130.00 and following (2021).)
New York's sentencing laws require judges to impose determinate (fixed) sentences for felony sex offenses, as follows:
Most felony sex offenses result in prison time. For lower-level felony offenses (class D and E), the law permits a probation sentence. But sex offenders face longer probation terms and a broader spectrum of conditions than standard probationers. Additional probation conditions can include limiting Internet use, prohibiting contact with minors, and attending sex offender counseling.
The law also sets a period of post-release supervision for felony sex offenses, which can range anywhere from three to 25 years depending on the offense and felony class. A violation of post-release supervision can mean heading back to prison for the remaining time left on the supervision term.
(N.Y. Penal Law §§ 70.00 and following (2021).)
New York law also carries enhanced penalties for repeat, persistent, and predatory sex offenders. These penalties can increase the class of an offense (such as bumping up a misdemeanor to a felony), the felony level (such as an increase from third- to second-degree), or the minimum and maximum terms of imprisonment.
The harshest enhanced penalty applies to predatory acts. Predatory acts involve a first-degree sex crime when:
Instead of facing a class B felony, a predatory offender is looking at one of the harshest felony sentences allowed under New York law—a class A-II felony with a life sentence.
Other examples of enhanced penalties apply to repeat or persistent offenders. For instance, a second conviction for a felony sex offense carries increased minimum sentences. And a misdemeanor conviction for forcible touching or sexual abuse can increase to a class E felony if it's the offender's fourth such offense in ten years. Other enhancements can be found in New York law specific to sex offenses, as well as under New York's general sentencing laws.
New York, like other states, requires most individuals convicted of sex offenses (and certain other predatory offenses) to register with the state and law enforcement when living in the community. Registration lasts a minimum of 20 years, and for those considered "high risk," registration will be for life. An offender will need to register at least annually, keep authorities apprised of any changes in residence or work addresses, submit updated photographs, and provide information on Internet accounts and screen names. Failure to register as required can result in a class D or E felony.
(N.Y. Corr. Law §§ 168 and following (2021).)
Sex offense convictions—whether for a misdemeanor or felony—carry harsh consequences that extend beyond time behind bars and can last a lifetime. Be sure to speak with a criminal defense attorney if you've been charged with any sex offense. A lawyer can help you understand the criminal justice process, protect your rights, and work to obtain the best possible outcome.
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