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Mar 21, 2024
Statutory Rape, Sodomy & Pornography Charges in Brooklyn
Dealing with any kind of criminal charge can be really overwhelming and scary. I totally get it if you or someone you know is facing statutory rape, sodomy or pornography charges in Brooklyn and just feel confused about what to do next.
It’s a lot.
But just know there are options and people who can help walk you through this. I wanted to give a quick rundown on how these charges work under New York law, what some possible defenses could be, and give some guidance on next steps if you’re looking into finding a lawyer.
New York Statutory Rape Laws and Penalties
Statutory rape refers to an adult engaging in sexual activity with a minor under the age of consent, even if the minor consented to the act. In New York, the age of consent is 17 years old.
That means if someone over 18 has any kind of sexual contact with someone under 17, they could face statutory rape charges.
Degrees of Statutory Rape Charges in NY
There are a few degrees of statutory rape charges in NY:
- Third Degree – For a defendant who is 21 or older and the victim is under 17.
- This is a class E felony with potential jail time up to 4 years.
- Second Degree – For a defendant 18 or older and the victim is under 15.
- This is a class D felony with potential jail time up to 7 years.
- First Degree – For a defendant 18 or older and the victim is under 13.
- This is a class B felony with potential jail time up to 25 years.
Legal Defenses to Statutory Rape Charges
Some possible defenses to statutory rape charges include:
- Mistake of Age – The defendant had a reasonable, good faith belief that the minor was over the age of consent based on their appearance, what they said about their age, etc.
- This can be used as an affirmative defense.
- Romeo & Juliet Law – If the minor and defendant are within 4 years of age of each other, there may be exceptions under NY’s Rome & Juliet laws for consensual activity.
If you or someone you know if facing charges, speaking with an experienced criminal defense lawyer ASAP is highly recommended to understand options and build the strongest defense.
Brooklyn Sodomy Charges Under NY Penal Code
Sodomy refers to certain banned sexual acts in New York law. The main sodomy charges are for oral and anal sexual conduct under NY Penal Code Section 130.
Like statutory rape, there are degrees of sodomy charges:
Classification of Sodomy Offenses
| Degree | Circumstances | Felony Class |
|---|---|---|
| Third Degree | For oral or anal sexual conduct with someone under 17 or someone unable to consent due to disability/incapacitation | Class E felony |
| Second Degree | For oral or anal sexual conduct by someone 18 or older with someone under 15 | Class D felony |
| First Degree | For oral or anal sexual conduct by someone 18 or older with someone under 13 | Class B felony |
Sodomy Defense Strategies
Possible sodomy defenses can include:
- Consent – For third degree cases involving a victim 16 or older, consent may be a defense depending on the circumstances and ages involved.
- Mistake of Age – Having a reasonable belief the victim was over the age of consent.
Child Pornography Criminal Charges in New York
There are also a wide range of potential criminal charges related to child pornography under NY Penal Code Section 263.
This can include charges for:
- Possessing, accessing, downloading or sharing sexually explicit images/videos of minors
- Producing or promoting child pornography
- Disseminating indecent material to minors
Like other sex crimes, child porn charges have varying felony degrees based on the specifics of the alleged offense.
Potential Defenses for Pornography Charges
And possible defenses can include:
- Mistaken Downloads – Explicit material was downloaded by accident/without knowledge of the content.
- False Accusations – The defendant is falsely accused and did not actually possess or distribute illicit material.
Finding a Brooklyn Criminal Defense Lawyer
If faced with any statutory rape, sodomy or child pornography charges, having an experienced sex crimes attorney on your side is critical.
An attorney can fully investigate the allegations, identify any police misconduct or other constitutional rights violations, and build the strongest defense to either get charges reduced or dismissed.
What to Look for in a Sex Crimes Attorney
When researching lawyers, things to look for include:
- Track Record of Success – Have they gotten positive results in similar cases previously?
- Do they have experience taking tough cases to trial?
- Knowledge of Brooklyn Courts – Do they understand the judges, prosecutors and processes unique to Kings County criminal courts?
- Client Testimonials – Do past clients speak highly of their representation and results?
No matter what charges you may be facing, just remember that experienced legal help is out there and there are always defense options.
Don’t hesitate to reach out to a lawyer for guidance on next steps and building your strongest case.
It’s going to be okay!
Resources for Sex Crime Charges in Brooklyn
For more information on statutory rape, sodomy and pornography charges in NY, check out these additional resources:
Additional Legal Resources
- Overview of New York Sex Crime Laws from FindLaw
- Analysis of NY Statutory Rape Laws & Penalties from LegalMatch
- Video on Defending Against Statutory Rape Charges from Legal Aid Society
Testimonials