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NYC Course of Sexual Conduct Against a Child in the Second Degree Lawyers
Spodek Law Group are experts on the New York Penal Code. The firm has been providing legal help to those in need for many years. Under the state’s penal code, a person would be guilty of committing course of sexual conduct against a child in the second degree if this person did the following within three months:
–Initiated two sexual acts or more with a child who is 11 or younger.
–You are 18 or older and initiated two or more sexual acts with a 13 year old child or younger.
First off, this crime is considered a felony, and you could be sentenced to prison for seven years though sometimes the sentence is reduced. Keep in mind that whether you are sentenced to go to prison or simply placed on probation, you are still registered as a sex offender for the rest of your life. This crime can seriously affect your life, so it is important to realize that a lot is at stake, which is part of the reason you need to contact experienced lawyers who understand this type of crime, like the people at Spodek Law Group.
Understanding the Offense
The sex crime is similar to sexual conduct against a child in the first degree. To qualify for either of this crimes, you must have committed at least two sexual acts with a child in three months. The difference lies in the sexual acts. A person that has sexual intercourse, anal sex, oral sex, or commits an aggravated sexual act will be automatically charged with the first degree whereas a second degree charge includes other types of sexual acts. You could have caressed a child’s buttocks and before three months passed, you might touched the child’s breasts.
Closer Look at Sexual Conduct
The NY Pen. Law 130.00 (10) says that sexual conduct could include a number of acts. These could include oral sex or anal sex. The law also includes regular intercourse as well as aggravate sexual contact. Keep in mind that sexual contact means that you touched a child in an intimate way to gratify yourself. This could happen with clothes just as easily as it could happen without garments.
The Lack of Consent
Consent is a major component for any sex crime but it really makes no different with this particular offense. Adults have the ability to consent, but children do not possess the ability to consent to such acts. You cannot use a child’s consent in order to fight this charge.
Going Through the Arrest and Arraignment
You are going to be taken into custody the moment you are charged with this crime. You are likely going to be placed in Central Booking for some time since it takes a while to get an arraignment. You waived the opportunity to get a Desk Appearance Ticket by being charged for such a serious crime. Of course, the judge is going to determine bail at your arraignment, but this does depend on if the judge trusts that you’ll be back for your next court date.
Going Through the Defenses
The most obvious defense boils down to denying that these acts took place within three months or that they did not take place at all. Of course, it is now up to you and your lawyer to present proof that supports your allegations. The point of fighting this is to get to the truth and reduce your sentence. Another defense is if you are married to the child and that it is a valid marriage in the state of New York. You could also use the statute of limitations to help you fight this case should the offense be older than five years. Keep in mind that the five years do not start winding down until the victim turns 18 or until the victim reports the crime.
Possible Sentencing You are Looking At
This is a Class D felony and you could be looking at seven years or less. It should be noted that the judge will have to sentence you to at least four years in prison if this is your second felony conviction under the NY Pen. Law 70.06. Those who are convicted of crimes on top of the sexual conduct against a child in the second degree can expect severe consequences. Probation is usually part of the sentencing as well and could be up to 10 years.
Registering as a Sex Offender
You are going to have to register as a sex offender. According to NY Cor. Law 168, you need to be on this list of offenders though the judge will look into your background to see if this is an offense you will likely commit again. The judge will be doing this to determine if you are a Level 1, 2, or 3 sex offender, which makes a big difference when you register. Level 1 offenders will remain on the list for 20 years while the other two are going to be there for life.
Be sure to contact Spodek Law Group about your situation to improve your chances of a favorable outcome. The lawyers here are experienced and honest. You will understand what is happening, and you will understand some of the possible outcomes.