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NY Penal Law § 130.70: Aggravated Sexual Abuse in the First Degree

June 23, 2020 Federal Criminal Attorneys

NY Penal Law § 130.70: Aggravated Sexual Abuse in the First Degree

Aggravated sexual abuse in the first degree, as described in New York Penal Code § 130.70, involves inserting a foreign object into the vagina, urethra, penis, rectum or anus of another individual without that person’s consent. That said, the statute does not provide examples of what specific foreign object must be used for the purpose of this offense. Therefore, the assumption is that any object used in this manner can be the basis for a charge. Defendants have faced criminal prosecution based on inserting bottles, sticks, knives and numerous other objects into victims.

 

To get convicted of this crime, you must have done this without the person’s consent and the person must have evidence of having suffered a physical injury. Absense of consent can be demonstrated by:

 

Forcible compulsion method

The victim having been physically helpless, or

The victim being younger than 11 years old

 

Aggravated sexual abuse int he first degree is a class B felony.

 

An Example

Following a heated altercation with his estranged wife, a man forcibly inserted a knife into her vagina, cutting her flesh in and around the vaginal area. That man could face prosecution for aggravated sexual abuse in the first degree on the basis of his use of force to insert the knife into his wife’s vagina and injuring her. The fact that the couple was still legally bound in marriage would not serve as a defense for the man’s actions.

 

Offenses that are Related

Rape in the first degree: New York Penal Code § 130.35

Sexual abuse in the first degree: New York Penal Code § 130.65

Criminal sexual act in the first degree: New York Penal Code § 130.50

Course of sexual conduct against a child in the first degree: New York Penal Code § 130.75

 

Possible Defenses

There may be numerous defenses to the charge of aggravated sexual abuse in the first degree that you can bring.  These could result in the charges being dismissed or reduced, or could get  acquitted at trial. One of the critical elements to the charge is whether or not you used force and, therefore, consent was absent. That said, if you can demonstrate that the other individual did in fact consent to the act, then you have a solid defense. Additionally, if the victim suffered no physical injuries, then one of the required elements of a charge of aggravated sexual abuse in the first degree would not have been satisfied.

 

As described in New York Penal Code § 130.70(3) another defense is having a valid medical reason for inserting a foreign object into the individual. This defense serves as protection against medical professionals being prosecuted when they inserted medical instruments into patients out of medical necessity.

 

The Sentence

Because it is a class B felony, the maximum sentence for a conviction of aggravated sexual abuse in the first degree is 25 years in prison. Like some of the other sex crimes, aggravated sexual abuse in the first degree is also classed as a violent felony offense. As such, if you get convicted, you are looking atra mandatory minimum sentence of 5 years behind bars. A portion of your sentence may be a probation term. There is mandatory 10 year probation term for a felony sex crime.

 

If you get convicted of aggravated sexual abuse in the first degree, upon release from prison you will be obligated to follow the rules of the Sex Offender Registration Act. Based on the level of threat you are perceived to pose to the public, you can be labeled as a Level 1, 2 or 3 sex offender. Level 1 offenders pose a low risk of re-offending. If you are a Level 1 offender, you will be obligated to follow the registration and verification rules for the next 20 years. Level 2 and Level 3 offenders are obligated to do so for life.

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