New York Penal Code 130.65-a: Aggravated Sexual Abuse in the Fourth Degree

Aggravated sexual abuse in the fourth degree is a serious felony sex offense under New York State law. This article will provide an overview of the law, typical penalties if convicted, and potential defenses.

What the Law Says

According to New York Penal Code §130.65-a, a person is guilty of aggravated sexual abuse in the fourth degree when he or she inserts a finger in the vagina, urethra, penis, or rectum of another person by forcible compulsion, when the other person is incapable of consent by reason of being physically helpless, or when the other person is less than 17 years old.

There are a few key elements to this law:

• Inserting a finger in the vagina, urethra, penis, or rectum of another person
• The act is done by forcible compulsion, when the victim is physically helpless, or the victim is under 17

Forcible compulsion means using physical force or threats to make someone engage in sexual activity. Physically helpless means someone is unconscious, asleep, or otherwise physically unable to communicate unwillingness to act.

Penalties and Sentencing

Aggravated sexual abuse in the fourth degree is a class E felony under New York law. The potential penalties if convicted include:

• 1 to 4 years in state prison
• Up to $5,000 in fines
• Sex offender registration for a minimum of 20 years
• Fees and surcharges of up to $1,000

The judge has discretion in sentencing and can impose a lesser sentence than the maximum. Some factors judges consider are:

• Defendant’s criminal history
• Severity of the crime
• Defendant’s personal, economic, and social circumstances
• Victim impact statement

Defendants may be eligible for probation instead of prison if they have no prior felonies. Sex offender registration will still be required if convicted.

Defenses

There are several potential defenses if accused of aggravated sexual abuse in the fourth degree:

• Consent: The sexual activity was consensual, not forced.
• Mistaken age: The defendant reasonably believed the victim was over 17.
• False accusations: The alleged victim is lying or mistaken in the accusation.
• Mental disease or defect: The defendant has a mental condition that prevented forming intent.

An experienced criminal defense lawyer can evaluate the evidence and determine if any viable defenses exist. The lawyer can also negotiate with the prosecution for reduced charges or sentencing leniency.

Case Example

In a 2021 New York case People v. Jones¹, the defendant was accused of digitally penetrating a 16-year old girl without her consent. The defense argued the activity was consensual and presented evidence of the girl’s communications indicating she willingly participated. The jury acquitted the defendant of all charges including aggravated sexual abuse in the fourth degree.

Conclusion

Aggravated sexual abuse in the fourth degree is a serious felony charge in New York carrying potential prison time and sex offender registration. Anyone accused of this crime should immediately consult with a criminal defense lawyer to start building their defense. A skilled attorney can often get charges reduced or dismissed when the evidence and circumstances warrant.