Second Degree Sexual Abuse: NY Penal Law 130.60

Whenever the term or words of “sexual abuse” is either written or spoken, the connotation is both vile and putrid. Whether a New York sex abuse attorney uses these words in the context of criminal case or the police, prosecutors, or judge do so after your arrest and the handcuffs are slapped on your wrists, the severity of your situation cannot be overstated. Though you are guilty of nothing until if and when proven so beyond a reasonable doubt, Second Degree Sexual Abuse, Penal Law 130.60, is a class “A” misdemeanor that will overshadow you for the rest of your days if not dealt with in an assertive and thorough manner. If you fail to implement the right defense and the District Attorney proves his or her case beyond a reasonable doubt, few if any judges will lend you a sympathetic ear. Before you find yourself in this untenable and terrifying place staring down any of the three degrees of Sex Abuse, educate yourself on the law, find the right legal counsel to guide you through the criminal process, and implement the best defense to exonerate your conduct or mitigate what likely is the worst predicament of your life.

Although there are important definitions relevant to the statute, you are guilty of Second Degree Sexual Abuse if you act in two distinct ways. First, you run afoul of Penal Law 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. To be clear, there is no distinction in the law between the sexual contact on clothing or beneath the other party’s clothing directly on their skin.

The additional requirement of Penal Law 130.60(1) is that the person whom you are accused of sexually touching must also be incapable of consenting due to any reason other than because he or she is less than seventeen years old. Penal Law 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.

Though you could also potentially be charged with Forcible Touching, Penal Law 130.52, a situation where the NYPD or other police department officers would arrest you and charge you with this misdemeanor would be where you grab an intoxicated woman or man’s buttocks on the train or, without permission, you ejaculate on a man or woman who was passed out or sleeping after taking them home from a bar where you met earlier that night. In any circumstance, if the accuser is thirteen years of age or less, this type of non-consensual contact violates the criminal code.

Not that any sex crimes lawyer would ever classify a New York sexual offense as “merely” a misdemeanor offense, the only “good” thing about this crime is that it is not a felony. Yes, a criminal record is still permanent and is neither sealed nor expunged, but the frightening immediate 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, your registration will not merely be in the hands of law enforcement, but before the eyes of the public too.

There is little that can be said about easing your fears when accused of one or more of the many sex crimes 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 Penal Law 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. Remember, when there is no substitute for experience, knowledge and advocacy, contact Jeremy Saland, a New York criminal lawyer and former Manhattan prosecutor who has a track record successfully beating back sex crime charges prior to arrest, during the criminal proceedings, and even at trial.

Call us at 212.312.7129 or contact us online today to speak with Jeremy Saland, a criminal attorney and former Manhattan prosecutor.