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NY Penal Law § 130.75: Course of Sexual Conduct Against a Child in the First Degree

June 23, 2020 Federal Criminal Attorneys

NY Penal Law § 130.75: Course of Sexual Conduct Against a Child in the First Degree

The duo of course of sexual conduct against a child crimes are defined in New York Penal Code § 130.75 offenses that seek to punish those who repeatedly sexually molest children. It is defined as engaging in a minimum of 2 acts of sexual conduct with a child who is younger than 11 years old over a period of more than 3 months. The particular type of sexual conduct targeted are sexual intercourse, anal sex, oral sex, or aggravated sexual conduct.  If you are at least 18 years of age and you engage in at least 2 acts of sexual conduct with a child who is younger than 13 years old, you will face this charge.

 

An Example

A 9 year old girl’s uncle repeatedly entered her bedroom in the middle of the night and engaged in oral sexual conduct. This took place over a period of several months while the girl was 9 and 10 years old. Although no one else witnessed the activity, the girl’s behavior at school changed notably during the period that the incidents reportedly occurred. The uncle could be prosecuted for course of sexual conduct against a child in the first degree since all the incidents occurred before his neice’s 11th birthday and the conduct was oral sex.

 

Offenses that are Related

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

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

Aggravated sexual abuse in the second degree: New York Penal Code § 130.67

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

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

 

Possible Defenses

Dependent upon the particular facts of your case, there might be several defenses that could weaken the prosecutor’s case.  This could result in the charges against you being dropped or reduced, or you getting acquitted after a trial. For instance, if you can demonstrate that the child was older than 13 years of age at the time of the incidents, or that neither sexual intercourse, anal sex, oral sex, or aggravated sexual conduct ever took place, then the prosecutor would be forced to reconsider the charges against you.

 

The Sentence

The maximum sentence for a conviction of course of conduct against a child in the first degree is 25 years in prison because it is a class B felony. This charge is also in the category of violent felony offense. What this means that if you get convicted of this crime, you will be looking at a mandatory minimum sentence of 5 years. If this your second violent felony conviction, the minimum prison sentence that judge will be obligated to give you is 10 years.

 

Indeed, course of sexual conduct against a child in the first degree is a registrable offense under the New York Correction Law § 168, also referred to as the Sex Offender Registration Act (SORA). You will be required to follow the strict registration and reporting rules of SORA for at least the next 20 years.

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