NY Penal Law § 130.65-a: Aggravated Sexual Abuse in the Fourth Degree.
Learn about aggravated sexual abuse in the fourth degree under NY Penal Law § 130.65-a, including the legal definition, examples, related offenses, possible defenses, potential sentences, and sex offender registration requirements in New York. Get detailed information on the statute, its elements, legal exceptions, and sentencing guidelines.
Definition of Aggravated Sexual Abuse in the Fourth Degree
The definition provided by New York Penal Law for aggravated sexual abuse in the fourth degree is inserting a foreign object into another person's vagina, urethra, penis, rectum or anus in a situation where that individual was not capable of consenting. The second basis for this crime is physically injuring another individual by inserting a finger into that person's vagina, urethra, penis, rectum or anus of that person, also in a case where that person is not capable of consenting.
The statute does not clearly define "foreign object." Nonetheless, courts have seen a variety of items to be foreign objects including bottles, sticks, and knives.
Example
A man pushes a bottleneck into the rectum of a woman. The woman was intoxicated. The woman suffered, as a result, a severe tear in the tissue that divides her rectum and her vagina. This man could be prosecuted for aggravated sexual abuse due to the fact that the woman was intoxicated and therefore incapable of consenting to the sex act.
Related Offenses
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