Facing Sexual Abuse 2nd Degree Charges in New York?

New York Penal Code 130.60: Sexual Abuse 2nd Degree

Defined under Penal Law § 130.60, this offense involves non-consensual sexual contact but is considered less severe than first-degree sexual abuse.

Sexual Abuse in the Second Degree occurs when a person:

1. Engages in Sexual Contact: Subjects another person to sexual contact.
2. Lack of Consent: The sexual contact is without the other person’s consent. Consent is defined as a clear and voluntary agreement to engage in sexual conduct.
3. Specific Circumstances: The victim is unable to consent due to age, mental disability, or physical helplessness. However, this statute primarily addresses situations where the contact is non-consensual but does not involve the more severe factors that elevate the crime to first-degree sexual abuse.

Penalties and Sentencing

Sexual Abuse in the Second Degree is classified as a Class A misdemeanor in New York. The penalties for a Class A misdemeanor can include:

• Imprisonment: Up to 1 year in jail.
• Probation: Up to 3 years of probation instead of jail time, which may include conditions such as counseling or community service.
• Fines: Fines may be imposed, although these are less common compared to imprisonment or probation.
• Sex Offender Registration: Depending on the case specifics and prior convictions, a conviction may require registration as a sex offender under New York’s Sex Offender Registration Act (SORA). The level of registration would depend on the nature of the offense and other factors.

How We Fight 2nd Degree Sexual Abuse Charges in New York

As with any accusation of a sex offense the strongest defense is consent. If you can show that the victim consented to the sexual contact, then the prosecutor will have a difficult time proceeding with the case. Keep in mind, however, that if you face a charge of sexual abuse in the first degree based on sexual contact with a child as defined by the statute, consent is not a defense as children do not have the legal capacity to consent to sex acts.

Examples and Recent Cases

Our office has handled numerous second degree sexual abuse cases. As mentioned, these cases come in various different forms, with each deserving a specific and tailored defense strategy to prevail.

In a recent case, we defended an individual charged with second degree sexual abuse after our client was accused of touching another on a crowded subway. In this case, the prosecution argued that due to how crowded the train was, that the complaining witness was physically helpless to the extent that she was unable to physically move away from our client while he allegedly rubbed his hand on her leg.

After interviewing numerous witnesses on the same subway car, we were able to convince the government to drop the charges when various individuals also testified that this specific train car was so crowded that numerous people were rubbing against one another. Realizing it would be impossible to prove this act beyond a reasonable doubt at a trial, the case was dismissed.

Your Defense Begins Today

Should you find yourself being prosecuted for 2nd degree sexual abuse, it is imperative that you have an experienced defense lawyer to handle every aspect from start to finish. Our firm has defended against these charges in the past, achieving both pre-trial dismissals and trial acquittals by implementing and pursuing strategic and creative defenses. Contact The Law Offices of Jason Goldman today.