NY Penal Law § 130.50: Criminal Sexual Act in the First Degree

NY Penal Law § 130.50: Criminal Sexual Act in the First Degree

Criminal sexual act in the first degree is the most serious of the three different criminal sexual act offenses in the New York Penal Code. This crime is a class B felony. Criminal sexual act in the first degree is defined under New York Penal Code § 130.50 as engaging in anal sex or oral sex with another person under any of the following circumstnaces:

By forcible compulsion

With an individual who is physically helpless

With a child younger than 11 years of age

With a child under the age of 13 years and you are 18 years old or older.

Oral sexual conduct speaks of sexual contact between the mouth of one individual and penis of the other person, the mouth and the other person’s anus, or the mouth and the other person’s  vagina or vulva. The term “anal sexual conduct” refers to contact between one person’s penis and the another person’s anus.

Example

A man hosts a gathering at his home.  One of the women who attended the party drank alcohol and smoked marijuana. At some point, the woman passed out. While she was unconscious, the man engaged in oral sexual contact with the woman’s vaginal area. That man could be arrested and charged with the crime of criminal sexual act in the first degree since the woman was physically helpless when he imposed oral sexual conduct with her.

Offenses that are Related

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

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

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

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

Possible Defenses

Since the lack of consent is an important element in proving the valididty of a criminal sexual act charge, the prosecutor will have a hard time successfully prosecuting you if you can demonstrate that there was consent to the anal or oral sex. In actuality, if you can demonstrate consent the prosecutor may opt to abandon the charges against you.

Another potential defense is if you can say that was not your intent to commit the criminal sexual act in the first degree. One example of this is if you yourself were so intoxicated at the time of the incident that you were not capable of forming the intent necessary to validate a charge of criminal sexual act.

DEFENSE TEAM SPOTLIGHT

Todd Spodek

Lead Attorney & Founder

Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.

NY Bar Admitted Multi-State Licensed Federal Courts

Meet the Full Team

The Sentence

Due to the fact that a criminal sexual act in the first degree is considered to be a class B felony, if you are convicted, the judge could send you to prison for as long as 25 years. Further, this  crime also carries the classification of violent felony offense. That said, if on conviction, you are looking at a mandatory minimum sentence of 5 years behind bars.

Legal Scenario: What Would You Do?

Scenario

A man has been arrested and charged under NY Penal Law § 130.50 after an alleged incident involving a complainant who states she was physically forced into oral sexual conduct. He insists the encounter was consensual, but the complainant's account includes details about being held down and threatened during the act.

What am I facing with a criminal sexual act in the first degree charge, and is there any realistic defense available to me?

Attorney's Answer

Criminal sexual act in the first degree under NY Penal Law § 130.50 is a class B violent felony carrying a mandatory minimum sentence of 5 years and a maximum of 25 years in state prison, along with lifetime sex offender registration under SORA. The statute applies when oral or anal sexual conduct is accomplished by forcible compulsion, when the victim is physically helpless or incapable of consent due to age (under 11, or under 13 with the defendant over 18), or when the act is committed during the commission of another felony. Consent is a recognized defense, but it requires demonstrating that the complainant voluntarily agreed to the specific conduct — and the prosecution will use physical evidence, witness testimony, and the complainant's account to counter that claim. Given the severity of the charge and the mandatory minimums involved, it is critical to have an experienced criminal defense attorney review the evidence immediately, challenge the credibility of the allegations, and explore every procedural and substantive defense available under New York law.

This is general information only. Contact us for advice specific to your situation.

Probation may play a role in your sentence. Because criminal sexual act in the first degree is both a felony and a sex crime, it carries a mandatory probation term of 10 years.

Criminal sexual act in the first degree is among the registrable offenses. What this means is that if you are convicted of this offense, you will be obligated to register as a sex offender as required by the New York Correction Law § 168, also known as the Sex Offender Registration Act (SORA).