Second Degree Sexual Abuse

Whenever the term or words of “sexual abuse” is either written or spoken, the connotation is both vile and putrid. Whether it is used in the context of a New York criminal case and arrest by a defense attorney, judge or prosecutor only magnifies the severity of the situation. When one cites sexual abuse in the area of the New York Penal Law as it involves criminal conduct, the crime of Second Degree Sexual Abuse is the base level offense. A class “A” misdemeanor, New York Penal Law 130.60 is by its definition a frightening crime to be both the victim and the alleged perpetrator. Simply, it is generous to state that if convicted of PL 130.60 after the District Attorney proves his or her case beyond a reasonable doubt that a judge would lend you a sympathetic ear. Instead, don’t be shocked if the court considers sentencing you to as long as one year in jail

What is the crime of Sexual Abuse? How does one violate the law in New York of PL 130.60? Although there are important definitions relevant to the statute, you have committed the crime of Sexual Abuse if you act in two distinct ways. You are guilty of PL 130.60(1) if you subject another person to sexual contact, as defined as touching the sexual parts, or intimate, of another person – breasts, buttocks, penis, vagina – and you do so because it provides you with some degree of sexual gratification. While you need not ejaculate if you are a man, if you do so on another person’s clothing even without otherwise touching him or her, this criminal element is satisfied. Moreover, there is no distinction in the law reflecting sexual contact on clothing or beneath the same.

The additional requirement of PL 130.60(1) is that the person whom you are accused of sexually abusing must also be incapable of consenting due to any reason other than because he or she is less than seventeen years old. PL 130.60(2) slightly, but importantly, differs in that under any circumstance you would commit this crime if the person is less than fourteen years old.

Not that your sex crimes lawyer would ever classify a New York sexual offense as only a misdemeanor crime, the frightening reality of a conviction for Sexual Abuse in the Second Degree is not only are you subject to a year in jail, probation and community service, but a conviction will land you on the Sex Offender Registry pursuant to New York’s Sex Offender Registration Act (SORA). Whether you are incarcerated or not, from the day you walk out of the courtroom until your life ceases to exist, your registration will not merely be in the hands of law enforcement, but the public too.

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There is little that can be said about easing your fears when accused of a sex crime in New York other than a simple fact that you should never forget an accusation is not evidence of guilt and the People, aka, the District Attorney, always have the burden and responsibility to prove a case beyond a reasonable doubt. Will an investigation, arrest or trial for PL 130.60 be harrowing? Likely, yes, but as ugly as an accusation can be, you have a right to defend yourself and challenge your accuser. In the event that the evidence is strong or overwhelming, your strategy may change to mitigation, but giving up hope for yourself and your family both today and for every tomorrow that comes, is not a defense.

Be smart. Remain calm. When there is not substitute for experience, knowledge and advocacy, contact the New York criminal lawyers and former Manhattan prosecutors at Saland Law to defend you in your time of need.

Call us at 212.312.7129 or contact us online today to speak with our New York attorneys and former Manhattan prosecutors.