Blog
NYC Course of Sexual Conduct Against a Child in the First Degree Lawyers
A person has committed course of sexual conduct against a child in the first degree, if within a three month-period, they engage in at least 2 acts of sexual conduct with a person under the age of 11 years old, or the person is at least 18 and engages in at least 2 acts of sexual conduct with a child who is under 13 years old. This crime is a serious offense and a class B felony. If convicted, this crime has a 25-year prison sentence. Not only is imprisonment a consequence of a conviction, you will have to register as a sex offender.
Definition of the Offense
This crime is designed to punish people who repeatedly commit sexual crimes against a child. If you commit one act with a child, or several sex acts against a child during a time period that is more than three months, you will not be charged with this crime. However, it does mean that you be charged with other sex crimes like criminal sexual act, forcible touching, rape, or aggravated sexual abuse.
Sexual Conduct
Under New York Law, sexual conduct is defined as oral sexual conduct, sexual intercourse, anal sexual conduct, sexual contact, or aggravated sexual conduct. Oral sexual conduct is contact between the penis, vagina, vulva, anus and the mouth. Sexual intercourse is the penetration of a vagina by a penis. Penetration must occur, but the amount of penetration can be minimal. Anal sexual conduct is contact between the anus and penis. Sexual contact is defined as the touching of another person’s intimate parts for sexual gratification. This can include ejaculating on someone whether the person is unclothed or clothed.
Lack of Consent
Not receiving consent to engage in a sexual act is the basis for every sex charge. If the other person gave consent, then not crime was committed. However, children who are under a certain age, are not capable of giving consent to any sexual activity. In regards to the crime of sexual conduct in the first degree, children under the age of 11, or, a child under the age of 13 if you are at least 18, there is no is consent to the sexual activity.
Defenses
There are defenses to the charge of course of sexual conduct against a child in the first degree. The possible defenses are:
The sexual conduct did not occur within a three-month period
There was not more than one act
Challenge the fact that any sexual conduct occurred, or
You are married to the victim
This crime has a five years statute of limitations. Meaning, if you are not prosecuted within five years of the incident, the prosecutor cannot prosecute you for the crime. This rule changes if the victim was under 18 at the time of the incident. The statute of limitations does not being until the victim reaches age 18, or the incident gets reported to the police.
Sentencing
This crime is a Class B felony. If convicted you will face a minimum prison sentence of 5 years. The minimum sentence is a mandatory sentence. The maximum sentence you could face is 25 years. You won’t be eligible for parole until you have served 6/7 of the sentence.
Anyone convicted of a crime of this nature will have to register as a sex offender. Depending on your level of risk, you could remain on the registry for 20 years or the remainder of your life.
The crime of course of sexual conduct against a child in the first degree is classified as a violent felony. Being charged with this crime can have significant life consequences. If you or someone you know has been charged with this crime, it’s important that they contact an attorney. The attorneys at Spodek Law Group have experience representing people who have been charged with sex crimes. Please contact us at 888-997-4071.