Aim: How does the NYS Penal Law define Sex Offenses?

Article 130 Sex Offenses Sex offenses; lack of consent Sexual misconduct Rape in the third degree Rape in the second degree Rape in the first degree Criminal Sexual Act in the third degree Criminal Sexual Act in the second degree Criminal Sexual Act in the first degree Forcible touching Sexual abuse in the first degree a Aggravated sexual abuse in the fourth degree Aggravated sexual abuse in the first degree Facilitating a sex offense with a controlled substance Predatory sexual assault Predatory sexual assault against a child.

Article Lack of Consent  It is an element of every offense; that the sexual act was committed without the consent of the victim.  A person is deemed incapable to consent to sex when he or she is:  Less than 17 years old: Age of Consent  Mentally Disabled  Mentally Incapacitated  Physically Helpless  In a Mental Institution or Hospitalized

United States Age of Consent 16 Years Old- (30 states and Washington DC): Alabama, Alaska, Arkansas, Connecticut, District of Columbia, Georgia, Hawaii, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nevada, New Hampshire, New Jersey, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Vermont, Washington, West Virginia. 17 Years Old- (9 states): Colorado, Illinois, Louisiana, Missouri, Nebraska, New Mexico, New York, Texas, Wyoming. 18 Years Old- (11 states): Arizona, California, Delaware, Florida, Idaho, North Dakota, Oregon, Tennessee, Utah, Virginia, Wisconsin

Sexual misconduct: A person is guilty of this when: A person is guilty of this when: 1. He/she engages in sexual intercourse with another person without such persons consent; or 2. He/she engages in oral sexual conduct or anal sexual conduct (sodomy) with another person without such persons consent; or 3. He/she engages in sexual conduct with an animal or a dead human body.  This charge under number 1 & 2 deals with underage sex. If you are below the age of consent and you have intercourse or sodomy you are committing Sexual Misconduct  Class A misdemeanor (1 Year)

Definitions Sexual Intercourse: Has its ordinary meaning and occurs upon any penetration, however slight. Sexual Intercourse: Has its ordinary meaning and occurs upon any penetration, however slight. Oral Sexual Conduct: Means conduct between persons consisting of contact between the mouth and the penis, the mouth and the anus, or the mouth and vulva or vagina Oral Sexual Conduct: Means conduct between persons consisting of contact between the mouth and the penis, the mouth and the anus, or the mouth and vulva or vagina Anal Sexual Conduct: Means conduct between persons consisting of contact between the penis and the anus Anal Sexual Conduct: Means conduct between persons consisting of contact between the penis and the anus

Rape in the third degree Criminal Sexual Act in the third degree A person is guilty of this when: He/she engages in sexual intercourse and/or sodomy (anal/oral sex) A person is guilty of this when: He/she engages in sexual intercourse and/or sodomy (anal/oral sex) 1. With another person who is incapable of consent by reason of some factor other than being less than 17 years old; or 2. Being 21 years old or more, he/she engages in sexual intercourse with another person less than 17 years old  Class E felony (4 Years)

Rape in the second degree Criminal Sexual Act in the second degree A person is guilty of this when: Being 18 years old or more, he/she engages in sexual intercourse and/or sodomy (anal/oral sex) A person is guilty of this when: Being 18 years old or more, he/she engages in sexual intercourse and/or sodomy (anal/oral sex) 1. With another person less than 15 years old; or 2. He/she engages in sexual intercourse with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated.  Class D felony (7 Years)

Rape in the first degree Criminal Sexual Act in the first degree A person is guilty of this when he/she engages in sexual intercourse and/or sodomy (anal/oral sex) with another person: A person is guilty of this when he/she engages in sexual intercourse and/or sodomy (anal/oral sex) with another person: 1. By forcible compulsion; or 2. Who is incapable of consent by reason of being physically helpless; or 3. Who is less than 11 years old; or 4. Who is less than 13 years old and the actor is 18 years old or more. Class B felony (25 Years) Class B felony (25 Years)

Aggravated sexual abuse in the first degree:  A person is guilty of this when he/she inserts a foreign object in the vagina, urethra, penis or rectum of another person causing Physical Injury to such person: 1. By forcible compulsion; or 2. When the other person is incapable of consent by reason of being physically helpless; or 3. When the other person is less than 11 years old. A defense to this charge – pertains to a medical professional.  Class B felony (25 Years)

Facilitating a sex offense with a controlled substance: A person is guilty of this when he/she: A person is guilty of this when he/she: Knowingly and unlawfully possesses a controlled substance AND Administers such substance to another person without such persons consent AND Administers such substance to another person without such persons consent AND With Intent to commit against such person conduct a sexual related felony. With Intent to commit against such person conduct a sexual related felony.  Class D felony (7 Years)