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NY Penal Law § 130.67: Aggravated Sexual Abuse in the Second Degree

June 23, 2020 Federal Criminal Attorneys

NY Penal Law § 130.67: Aggravated Sexual Abuse in the Second Degree

Four offenses  are included in New York law under the name Aggravated Sexual Abuse. These crimes all have the common factor of the insertion of either a finger or foreign object into the vagina, urethra, penis, rectum or anus of another individual without that person’s consent. Under New York Penal Code § 130.67 aggravated sexual abuse in the second degree is the second most egregious aggravated sexual abuse crime. You can get charged with this crime if you physically damage a person by forcing your finger into another person’s vagina, urethra, penis, rectum or anus of that individual.  In these cases, if the other person is physically incapacitated, or if the alleged victim is a child who is under 11 years old, then it is a class C felony.

 

For Example

The 30 year old uncle of a girl who is 6 years old put one of his fingers into her vagina. The girl complained that as a result she felt pain. A doctor who examined the child testified that the girl suffered severe physical injuries as a result of the occurrence and experienced a great deal of pain. The man could be looking at a charge of aggravated sexual abuse since his niece was younger than 11, and because he physically injured her by inserting his finger into her vagina.

 

Offenses that are Related

Aggravated sexual abuse in the first degree: New York Penal Code § 130.70

Aggravated sexual abuse in the third degree: New York Penal Code § 130.66

Aggravated sexual abuse in the fourth degree: New York Penal Code § 130.65a

 

Possible Defenses

Some potential defenses to a charge of aggravated sexual assault in the second degree include the ability to establish consent, the statute of limitations, and medical necessity. Because one of the critical elements to this charge is that consent could not be established, if you can somehow demonstrate that the other individual did in fact consent to the act, the prosecution would have a hard time moving ahead with the case. If you can prove that you inserted your finger into the alleged victim for a valid medical purpose and not for sexual gratification, then you would be able to mount a valid defense. For instance, if you are a licensed healthcare professional and you performed a vaginal examination with the individual’s consent or in a medical emergency, then you have a solid defense against prosecution under the statute.

 

The Sentence

Since aggravated sexual abuse in the second degree is a class C felony, the maximum is 15 years behind bars. Much like aggravated sexual abuse in the first degree, aggravated sexual abuse in the second degree is classified as a violent felony offense. For this reason,  the law prescribes minimum sentencing guidelines that judges must follow when handing down your sentence. The minimum sentence is 3.5 years in jail, even if you are a first time offender. If this conviction is the second time you have been convicted of a violent felony, the minimum prison sentence you can get is 7 years.

 

Part of your sentence may also include probation. For a felony offense that is a sex crime a sentence of probation would be 10 years.

 

Aggravated sexual abuse in the second degree is a registrable offense under the New York Sex Offender Registration Act. This means that you will be required to follow the rules for registered sex offenders for at least 20 years. Some sex offenders will have to do so for the rest of their lives.

 

New York Penal Code § 130.67: Aggravated Sexual Abuse in the Second Degree

A person is guilty of aggravated sexual abuse in the second degree when he or she inserts a finger in the vagina, urethra, penis, rectum or anus of another person causing physical injury to such person:

By forcible compulsion; or

When the other person is incapable of consent by reason of being physically helpless; or

When the other person is less than eleven years old.

Conduct performed for a valid medical purpose does not violate the provisions of this section.

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