Sexual abuse is a serious sex offense, and is similar to forcible touching. The main difference between the two is that sexual abuse can include more than just an individual touching the sexual or intimate parts of another. Sexual abuse is basically when an individual intentionally subjects another to sexual contact without consent. Sexual contact is broader than just touching another’s intimate parts, it is defined as:

“any touching of the sexual or other intimate parts of a person for the purpose of gratifying sexual desire of either party. It includes the touching of the actor by the victim, as well as the touching of the victim by the actor, whether directly or through clothing, as well as the emission of ejaculate by the actor upon any part of the victim, clothed or unclothed.”

[1]

In Syracuse, there are three degrees of sexual abuse, not all are felonies, but all are subject to the Sex Offender Registration Act. Sexual abuse 3rd degree, is as mentioned above, when an individual intentionally subjects another to sexual contact without consent. Although a person who is less than seventeen (17) years old can never consent to sexual intercourse, a person who is older than fourteen (14) years of age can consent to sexual contact with another who is less than five years older than them. Thus if a charge of sexual abuse 3rd degree is based solely on lack of consent due to age, it is a defense that the person consented, was older than fourteen (14), and the accused individual was less than five years older than the person who consented.[2] This rule only applies for sexual abuse in the 3rd degree.

Sexual abuse 3rd degree will be elevated to 2nd degree when an individual subjects another to sexual contact, and the other is less than fourteen (14) years old, or cannot consent for another reason, other than age. Sexual abuse 2nd degree will be elevated to 1st degree when an individual uses physical force or threat of death to subject another to sexual contact, or the other is unconscious, or the other is less than eleven (11) years old.[3]

Just like other sex offenses, the consequences for sexual abuse can be severe, and long lasting. Sexual abuse 3rd degree (PL 130.55) is classified as a “B” misdemeanor, which is punishable by either three (3) months in jail or one (1) year of probation, and with a fine of $500. Sexual abuse 2nd degree (PL 130.60) is an “A” misdemeanor, which is punishable by either one (1) year in jail or three (3) years of probation, and with a fine of $1,000. Sexual abuse 1st degree is a “D” felony, which is punishable by a mandatory state prison sentence of up to seven (7) years, and with fine of $5,000.[4] Every degree of sexual abuse is subject to the Sex Offender Registration Act, meaning that if an individual is convicted of any degree they will have to register as a sex offender.[5]

Sexual Abuse 3rd Degree (PL 130.55) in Syracuse

A person is guilty of sexual abuse in the third degree when he or she subjects another person to sexual contact without the latter’s consent; except that in any prosecution under this section, it is an affirmative defense that (a) such other person’s lack of consent was due solely to incapacity to consent by reason of being less than seventeen years old, and (b) such other person was more than fourteen years old, and (c) the defendant was less than five years older than such other person.

Sexual Abuse 2nd Degree (PL 130.60) in Syracuse

A person is guilty of sexual abuse in the second degree when he or she subjects another person to sexual contact and when such other person is:

  1. Incapable of consent by reason of some factor other than being less than seventeen years old; or
  2. Less than fourteen years old.

Sexual Abuse 1st Degree in Syracuse

A person is guilty of sexual abuse in the first degree when he or she subjects another person to sexual contact:

  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 eleven years old; or
  4. When the other person is less than thirteen years old and the actor is twenty-one years old or older.

Conclusion

Sexual abuse, as mentioned above is a serious accusation, and has the potential to ruin lives. Just like rape, victims of sexual abuse endure both physical and emotional pain, and as a result charges of sexual abuse are prosecuted aggressively, and punished harshly. However there are instances where accusations of sexual abuse are false, or not appropriate given the circumstances. That is why it is extremely important that individuals facing charges of this nature contact an experienced attorney immediately. An experienced team of criminal defense attorneys will allow you the best chance to avoid life changing consequences, such as being required to register as a sex offender.

[1] Penal Law Section 130.00(3)
[2] Penal Law Section 130.55
[3] Penal Law Article 130
[4] New York Penal Law Title E
[5] New York Correction Law Article 6-C