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:
- Sexual intercourse has its ordinary meaning and occurs upon any penetration, however slight.
- (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.
- 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.
- 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.
- 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.
- 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.
- Physically helpless means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.
- 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.
- Foreign object means any instrument or article which, when inserted in the vagina, urethra, penis, rectum or anus, is capable of causing physical injury.
- Sexual conduct means sexual intercourse, oral sexual conduct, anal sexual conduct, aggravated sexual contact, or sexual contact.
- 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.
- 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.
- 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.