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Last Updated on: 5th August 2023, 03:52 pm
When the words “sexual abuse” are spoken or mentioned, the connotation is often despicable and disgusting. Whether used in a New York sexual abuse criminal case by an attorney, prosecutor, or judge, these words will only magnify the brutality of your situation. When a person mentions sexual abuse in the New York Penal Code, the case will involve criminal conduct, and it will be considered a Second Degree Sexual Abuse offense. Regardless of your situation, being the alleged perpetrator or victim of a sexual abuse misdemeanor in the New York Penal Code 130.60 can be frightening. In case you are convicted of Penal Law 130.60, the judge may be a bit sympathetic. However, you may still get sentenced for a year in jail.
Definition of the Act and Crime: Penal Code 130.60
While there are essential definitions of sexual abuse, you can be convicted of sexual abuse in two ways. You can be found guilty of Penal Law 130.60(1) in case you happen to subject another individual to sexual contact through touching their sexual parts intimately or touch another person’s buttocks, breasts, penis, or vagina, and if you have done so to get some sexual fulfillment. If you’re a man and you ejaculate on the victims’ clothes even without any physical contact, this is a satisfying criminal element.
An additional prerequisite of Penal Code 130.60(1) is the victim should be unqualified to consent due to various reasons, apart from being below seventeen years of age. Penal Law 130.60(2) somewhat differs if you commit such a crime in case the person is below the age of fourteen years.
Second Degree Isn’t Sexual Intercourse
According to Health Communities, sexual intercourse is when the male sexual organ (penis) penetrates the female sexual organ (vagina). Additionally, second-degree sexual abuse doesn’t involve anal or oral sex. A second degree only involves touching private or sexual areas of another person intimately without their consent or permission.
Punishment and Fines: New York Penal Code 130.60
While your attorney won’t call your New York sexual offense a misdemeanor offense, the reality is that a second-degree sexual abuse conviction won’t only resort in a year in jail, subjection to community service, and probation. Still, you will also land on the sex offender registry as stipulated by the New York Sex Offender Registry Act or (SORA). Regardless of whether you’re locked up or not, from the time you step out of the courtroom until your death, your record will not only be accessible by law enforcers but the public as well.
If you are accused of a second-degree sex abuse offense in New York, there’s little that can be done about the engulfing fear. Keep in mind that your record will never be forgotten, regardless of whether you were just accused. The DA has a big responsibility of proving sexual abuse cases beyond a reasonable doubt. An investigation, detention, and trial for the Penal Code 130.60 can be harrowing. However, as bad as your situation may seem, your strategy can change to mitigation. Giving up faith in yourself and your family isn’t a form of defense.
Hire a Second Degree Sexual Abuse Lawyer
Being convicted for second-degree sexual abuse can lead to the stigma of being labeled as a sex offender. Therefore, it’s important that you seek legal counsel to ensure that all your options are weighed to defend you against such a charge.
If you’re accused of committing a second-degree sexual abuse misdemeanor, you must seek the assistance of a competent and reputable law firm that has successfully defended people like you who have been accused of misdemeanor sexual abuse crimes. To successfully defend yourself against such accusations, you will require a keen understanding of legal protocols, the applicable law, and legal posturing.
Remain calm and, above all, be smart. If you don’t have a substitute for knowledge, experience, and advocacy, get in touch with a New York criminal lawyer at Spodek Law Group (SLG) today to defend you and protect your rights. At our law offices, we have defended several clients accused of misdemeanor sex crimes in New York. You can reach us at 888-348-8028 or visit our website and schedule a no-obligation and free consultation to evaluate your second-degree sexual abuse misdemeanor.