PERSISTENT SEXUAL ABUSE (NYPL 130.53)

Sexual abuse, also referred to as molestation, is any sort of non-consensual sexual contact. When that force is immediate, of short duration, or infrequent, it is called sexual assault. The offender is referred to as a sexual abuser or molester.

Persistent sexual abuse. N. Y. Penal Law § 130.53

A person is guilty of persistent sexual abuse when he/she commits a specified sex crime and within the previous 10 years were convicted of one the specified crimes 2 or more times. The crimes that can serve as the basis for persistent sexual abuse include:

  • Forcible touching. N.Y. Pen. Law § 130.52
  • Sexual abuse in the third degree. N.Y. Pen. Law § 130.55
  • Sexual abuse in the second degree. N.Y. Pen. Law § 130.60

Each of the three specified sex crimes are misdemeanors but persistent sexual abuse is a class E felony, which is punishable by 1 to 3 years in prison.

If you have been accused of committing a sex crime, then you are potentially facing a serious felony conviction on your record, a long prison sentence, and the stigma of being forced to register in a public directory as a sex offender. As soon as you are arrested or even questioned about incidents that could lead to a charge of persistent sexual abuse, you should immediately contact an experienced criminal lawyer who will review the facts of your case and defend you until the case is resolved. False accusations sexual abuse are quite common, particularly in domestic disputes and custody battles.

The types of issues involved in defending against a sex crime charge are Pleading requirements, issues with discovery, and key witnesses. The prosecution may use a wide range of evidence, including witness statements, surveillance footage, DNA evidence, police reports, or other forensic crime scene evidence. The key witnesses in a sex crime case depend entirely on the nature of the case and the defense strategy. The prosecution will often, but not always, present the testimony of the victim.

NON-SUPPORT OF A CHILD

Parents have the legal obligation to give support to their children. Failure to provide support is considered a crime known as “criminal non-support of a child”.

Non-Support of a Child in the First Degree. N.Y. Pen. Law § 260.06

A person is guilty of non-support of a child in the first degree when being a parent, guardian or other person:

  •  He/she is legally charged with the care or custody of a child less than sixteen years old and refuses without lawful excuse to provide support; or
  •  He/she is obligated to make child support payments by an order of child support entered by a court of competent jurisdiction for a child less than eighteen years old and he/she refuses to provide it; and
  • He/she has previously been convicted in the preceding five years of a crime defined in section 260.05 of this article or a crime defined by the provisions of section 260.06.

Non-support of a child in the first degree is a class E felony.

Child support is the ongoing obligation for a periodic payment made directly or indirectly by an “obligor” (paying parent or payer) to an “obligee” (receiving party or recipient) for the financial care and support of children of a relationship or a possibly terminated marriage. The obligor is usually a non-custodial parent and the obligee is a custodial parent, caregiver or guardian, or a government agency. In the U.S., there is no gender requirement to child support.

Non-support of a child in the second degree. N.Y. Pen. Law § 260.05

A person is guilty of non-support of a child when being a parent, guardian or other person legally charged with the care or custody of a child less than sixteen years old:

  • he/she fails or refuses without lawful excuse to provide support, or
  • he/she becomes unable to do so, when, though employable, he/she voluntarily terminates his/her employment, voluntarily reduces his/her earning capacity, or fails to diligently seek employment;

Again, a person is guilty of non-support of a child when being a parent, guardian or other person obligated to make child support payments by an order of child support entered by a court of competent jurisdiction for a child less than eighteen years old,

  • he/she knowingly fails or refuses without lawful excuse to provide support, or
  • he/she becomes unable to do so, when, though employable, he/she voluntarily terminates his/her employment, voluntarily reduces his/her earning capacity, or fails to diligently seek employment.

Non-support of a child in the second degree is a class A misdemeanor.

Every state in the United States has a child support enforcement (CSE) program. In New York State, child support enforcement services are provided by Child Support Enforcement Units (CSEU) and Support Collection Units (SCU) in every county and in New York City.

The CSE program began in 1975, when Congress passed Title IV-D of the Social Security Act. Title IV-D required every state to:

  1. Establish and maintain statewide child support enforcement laws,
  2. Provide procedures to establish paternity and to obtain court orders for child support,
  3. Collect and distribute child support payments, and
  4. Enforce child support orders when payments are not made.

A person who has physical custody of the children for more than half of the time can usually get child support from the other parent. Child support is ordered by the Family Court, or in the Supreme Court as part of a divorce case.

The court decides how much child support should be paid, looking at how much the non-custodial parent gains. The court subtracts expenses, such as social security taxes and child support for other children. This number is the total gross income minus specific deductions, called “adjusted gross income”. The number is multiplied by a percentage, depending on the number of children, as follows: 17% one child, 25% two children, 29% three children, 31% four children, 35%, five or more children.

If you’re facing criminal charges of Non-Support of a Child, you should contact an experienced criminal defense lawyer. Non-Support of a Child is a serious crimes under New York law and the seriousness is reflected in the penalties, which includes jail time.

SELF-ABORTION (NYPL 125.50-125.55)

Abortion in the United States has been legal in every state since the United States Supreme Court decision on January 22, 1973. In 1970, New York passed the most permissive abortion law in America, one that defined the state as the country’s abortion refuge. The law made it possible for women to terminate their pregnancies for virtually any reason within certain gestational time limits.

While abortion is generally legal in New York, under certain circumstances it is not.

The Empire State requires a licensed doctor to perform the procedure. But all states, including New York, have some abortion restrictions. An abortion is justifiable if it is:

  1. Committed with the consent of the pregnant woman by a licensed physician under a reasonable belief that such is necessary to preserve the pregnant woman’s life, or
  2. Performed on a woman who no more than 24 weeks pregnant.

In order to be charged with performing an unlawful abortion, it is not necessary that you have performed the abortion on another person.

A self-induced abortion or self-induced miscarriage is an abortion performed by the pregnant woman herself outside the recognized medical system. The term includes abortions induced through legal, over the counter medication, as well as alternative, sometimes more dangerous means. The practices may represent a threat to the health of the woman and an unsuccessful attempt to induce such an abortion can cause lasting damage to the fetus. The availability of misoprostol an inexpensive, widely available drug with multiple uses (treatment of post-partum hemorrhage, stomach ulcers, and induction of labor) has reduced the number of births. The World Health Organization has endorsed a standarized regimen of misoprostol to induce abortion up to 9 weeks of pregnancy.

Self-abortion in the second degree. N.Y. Pen. Law § 125.50

A female is guilty of self-abortion in the second degree when, being pregnant, she commits or submits to an abortional act upon herself, unless such abortional act is justifiable pursuant to subdivision three of section 125.05.

Self-abortion in the second degree is a class B misdemeanor and you could be sentenced to up to 90 days in jail. The judge also has to the option to sentencing you to a probation term of 1 year as well as ordering you to pay a fine.

Self-abortion in the first degree. N.Y. Pen. Law § 125.55

A female is guilty of self-abortion in the first degree when, being pregnant for more than twenty-four weeks, she commits or submits to an abortional act upon herself which causes her miscarriage, unless such abortional act is justifiable pursuant to subdivision three of section 125.05.

Self-abortion in the first degree is a class A misdemeanor and you could be sentenced to up to a year in the county jail. It is also possible for the judge to sentence you to a probation term of 3 years.

If you unlawfully perform the abortion on yourself, you can be charged with a self-abortion offense. It is still critical that you have experienced representation.

Sex offenses: definitions of terms (NYPL 130.00)

Article 130 governs the prosecution of sexual offenses in New York. In New York there are different levels of risk under the Sex Offender Registration Act (SORA). After you are sentenced, you will have a SORA hearing. An assessment will be made of your level or risk to the community based on factors such as your background and your criminal conduct. Based on that evaluation, the judge will determine your level of classification: Level 1 (lowest level of risk), Level 2, or Level 3 (highest level of risk).

Sex offenses; definitions of terms. N. Y. Penal Law § 130.00

The following definitions are applicable to this article:

  1. Sexual intercourse has its ordinary meaning and occurs upon any penetration, however slight.
  1. (a) 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 the vulva or vagina.

(b) Anal sexual conduct means conduct between persons consisting of contact between the penis and anus.

  1. Sexual contact means 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. For the purposes of this article married means the existence of the relationship between the actor and the victim as spouses which is recognized by law at the time the actor commits an offense proscribed by this article against the victim.
  1. Mentally disabled means that a person suffers from a mental disease or defect which renders him/her incapable of appraising the nature of his/her conduct.
  1. Mentally incapacitated means that a person is rendered temporarily incapable of appraising or controlling his conduct owing to the influence of a narcotic or intoxicating substance administered to him without his consent, or to any other act committed upon him without his consent.
  1. Physically helpless means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.
  1. Forcible compulsion means to compel by either: use of physical force; or 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.
  1. Foreign object means  any  instrument or article which, when inserted in the vagina, urethra, penis, rectum or anus, is capable of causing physical injury.
  1. Sexual conduct means sexual intercourse, oral sexual conduct, anal sexual conduct, aggravated sexual contact, or sexual contact.
  1. Aggravated sexual contact means inserting, other than for a valid medical purpose, a foreign object in the vagina, urethra, penis, rectum or anus of a child, thereby  causing  physical injury to such child.
  1. Health care provider means any person who is, or is required to be, licensed or registered or holds himself  or  herself out to be licensed or registered, or provides services as if he/she were licensed or registered in the profession of medicine, chiropractic, dentistry or podiatry under any of the following: article 131, 132, 133, or 141 of the education law.
  1. Mental health care provider shall mean a licensed physician, licensed psychologist, registered professional nurse, licensed clinical social worker or a licensed master social worker under the supervision of a physician, psychologist or licensed clinical social worker.

If you have been accused of committing a sex crime, then you are potentially facing a serious felony conviction on your record, a long prison sentence, and the stigma of being forced to register in a public directory as a sex offender. As soon as you are arrested or even questioned about incidents that could lead to a charge of persistent sexual abuse, you should immediately contact an experienced criminal defense lawyer who will review the facts of your case and defend you until the case is resolved. False accusations sexual abuse are quite common, particularly in domestic disputes and custody battles.

Prostitution (NYPL 230.00)

Prostitute is derived from the latin prostituta. Some sources cite the verb as a composition of “pro” meaning “up front” or “forward” and “situere”, defined as “to offer up for sale”. Another explanation is that prostituta is a composition of “pro” and “statuere ”, defined as “to stand, place erect”.

The crime of “commercial sex” is the business or practice of engaging in sexual relations in exchange for money or any other form of compensation. Prostitution is often called the world’s “oldest profession”.

Prostitution is one of the branches of the sex industry. Prostitution laws prohibit anyone from providing or offering to provide sexual relations in exchange for payment or some other benefit. They also punish those who offer sex for money or who purchase any sexual service. Prostitution in the United States is illegal in all fifty states, except in some rural counties of the state of Nevada. Prostitution, however, is present in most parts of the country, in various forms.

Prostitution is seen differently in every society. Prostitution in the United States can be divided into three broad categories: street prostitution, brothel prostitution, and escort prostitution. A person who works in this field is called a prostitute, and is a kind of sex worker.

The highest density of sex workers in Manhattan is in Murray Hill, and Midtown, above 48th Street, below 59th Street, and west of 5th Avenue. While not quite as dense, the downtown neighborhoods of Greenwich Village, SoHo, the Lower East Side, Tribeca, and Chinatown are burgeoning red-light districts in their own rights.

Prostitutes, pimps (or madams), and johns can all be arrested and convicted under New York state law without any sexual conduct taking place or any money exchanging hands.

Prostitution. N.Y. Pen. Law § 230.00

A person is guilty of prostitution when such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee.

“Sexual conduct” has been described by state courts to include a wide range of sexual acts, and even some clothed physical contact.

Prostitution (and permitting it) is a class B Misdemeanor. It is punishable by a sentence of up to 90 days in jail, a fine of up to $500, or both.

New York additionally criminalizes the separate offenses of patronizing a prostitute, promoting, permitting and compelling prostitution, or sex trafficking. Prostitution in a school zone is addressed separately in the New York statutes. Most acts that promote this crime, such as pimping and pandering, are treated as felonies. A felony conviction can result in huge fines, or lengthy periods of incarceration.

If you have been arrested or are being investigated for prostitution, you need an experienced criminal defense lawyer on your side.