What is a Criminal Sexual Act in the First Degree in NYC?
Criminal Sexual Act, Penal Law Section 130.50 is a class B violent felony. A conviction of the charge has a maximum sentence of 25 years in prison and 20 years of post-release supervision.
If you or a loved one is charged with committing a Criminal Sexual Act, retaining an experienced sex crimes lawyer is crucial in obtaining a favorable outcome.
A person is guilty of Criminal Sexual Act in the First Degree when he or she engages in Oral Sexual Conduct or Anal Sexual Conduct with another person:
- By Forcible Compulsion;
- Who is incapable of consent by reason of being Physically Helpless;
- Who is less than 11 years old; or
- Who is less than 13 years old, and the person charged is 18 years or older
The first 2 provisions of the crime feature specific definitions. First, Forcible Compulsion is defined under Penal Law Section 130.00(8) as “to compel by either: a. use of physical force; or b. a threat, express or implied, which places a person in fear of immediate death or physical injury to himself, herself or another person, or in fear that he, she or another person will immediately be kidnapped. Second, Penal Law Section 130.00(7) states that Physically Helpless “means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.”
If a person is charged under the Forcible Compulsion or Physically Helpless provisions of Criminal Sexual Act in the First Degree, the prosecutor must prove either state beyond a reasonable doubt. That standard is quite high. Depending on the facts and circumstances, a skilled defense lawyer may be able to attack either theory to show that the allegation of Forcible Compulsion or Physically Helplessness is either not true or there is not proof beyond a reasonable doubt.
The 2 age provisions of Criminal Sexual Act in the First Degree, either when the complaining witness is less than 11 years old or the complaining witness is less than 13 years old and the person charged is at least 18 years old, are strict. It is not a defense that the person charged did not know the age of the complaining witness. In addition, Criminal Sexual Act in the First Degree charges no not have an affirmative defense like Criminal Sexual Act in the Second Degree where the age difference is less than 4 years and the person charged is 18 years old.
NYC Criminal Sexual Act in the First Degree Sentencing
In New York, Criminal Sexual Act in the First Degree is classified as a class B violent felony. If a person does not have a prior felony conviction within 10 years then the minimum prison sentence is 5 years and the maximum is 25 years. In addition, there is a required period of post-release supervision of between 5 and 20 years. A person convicted of Criminal Sexual Act in the First Degree, or an attempt to commit the crime, requires registration as a Sex Offender.
Speak With a New York Criminal Sexual Act Lawyer Today
If you or a loved one is charged with committing a Criminal Sexual Act in New York City, we’re here to help.
Contact The Law Firm of Andrew M. Stengel
Contact us via the live chat below, through our contact form here, or call us at (212) 634-9222. Initial consultations are free and confidential, and you will speak with Andrew M. Stengel directly.
Our offices are located at 11 Broadway, Suite 715, New York, NY 10004, and we handle cases throughout New York City, Nassau, Westchester and the surrounding counties.
