NYC Criminal Sexual Act in the Second Degree Lawyers
You can be charged with criminal sexual act in the second degree if you are 18 years old or older, have oral or anal sex with an individual who is under the age of 15, and or if you have oral or anal sex with an individual that cannot consent due to incapacity or a mental disability.
As a class D felony, criminal sexual act in the second degree carries serious jail time. If you are facing these types of allegations, the Federal Lawyers is your best option to find an attorney to defend your case.
When considering the allegations of criminal sexual act in the second degree, you need to understand how one can be charged with such a crime. Lack of consent is the main factor involved in these allegations in the following situations:
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(212) 300-5196Anyone that suffers from a mental disease or disability is not capable of consenting to oral or anal sex. If the individual is not capable of understanding the nature involved in the conduct, there will always be a lack of consent.
Todd Spodek
Lead Attorney & Founder
Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
A 19-year-old college student discovered that the person he had been intimate with, who he met on a dating app where she claimed to be 18, is actually 14 years old. He has now been arrested and charged with Criminal Sexual Act in the Second Degree under New York Penal Law § 130.45.
Can I use the defense that I genuinely believed she was 18 based on her dating profile and what she told me?
Unfortunately, under New York law, mistake of age is generally not a valid defense to Criminal Sexual Act in the Second Degree. New York Penal Law § 130.45 is a strict liability statute with respect to the victim's age, meaning the prosecution only needs to prove that the sexual act occurred and that the victim was under 15 while you were 18 or older. As a class D felony, you face up to 7 years in prison and mandatory sex offender registration under SORA. An experienced defense attorney can still challenge the evidence, explore procedural errors in your arrest, or negotiate to minimize the consequences you face.
This is general information only. Contact us for advice specific to your situation.
Mental incapacity refers to an individual being incapacitated by an intoxicating substance without their knowledge or permission. Having oral or anal sex with an incapacitated individual will result in you being charged with these allegations.
