16 May 23

NY Penal Law § 130.65: Sexual Abuse in the First Degree

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Exposing the Scourge of Sexual Abuse in the First Degree

Confronting the Unforgivable Crime: An Overview of NY Penal Law § 130.65

Sexual abuse is a heinous, reprehensible, and unforgivable crime that often leaves its victims feeling utterly devastated and broken. The act involves forcefully subjecting someone to unwanted sexual contact, which is not only blatantly illegal but also morally inexcusable. Sexual contact denotes touching another person’s intimate or sexual body parts for gratification purposes, involving areas like the genital region, vagina, penis, buttocks, anus, breasts, rectum, mouth, and lips.

As a preeminent law firm with a nationwide presence and vast experience handling such cases, Attorney Todd Spodek at Spodek Law Group, has fought tirelessly for numerous clients facing sexual abuse in the first degree charges. If you or someone you know is confronting similar charges, it is imperative to understand the intricacies of this grave offense under New York Penal Code Section 130.65.

Grounds for Sexual Abuse in the First Degree Charge

A sexual abuse in the first degree charge can be established on four grounds:

1 Using force to subject someone to sexual contact without their consent
2 Subjecting a physically helpless person to sexual contact without their consent
3 Being over 21 years old and subjecting someone under 13 years old to non-consensual sex acts
4 Subjecting anyone younger than 11 years old to sexual contact, regardless of the perpetrator’s age

Real-life ExamplesExpose the Gravity of Sexual Abuse in The First Degree

The severe consequences of committing this crime are best portrayed by various illustrative examples handled by Spodek Law Group. These cases have seen grown men force themselves on their young, innocent victims by kissing several intimate body parts of an eight-year-old niece while she was staying at her grandparents’ house; touching a girl child’s vaginal area through her pants; and rubbing baby oil on a ten-year-old girl’s buttocks – all with clear intent for personal gratification based on circumstances surrounding each case.

Related Offenses

In addition to sexual abuse, there are other offenses directly associated with sex crimes. For instance, endangering the welfare of a child falls under New York Penal Code Section 260.10, while forcible touching constitutes an offense under New York Penal Code Section 130.52.


The first and strongest line of defense against any allegations of sex offenses is establishing consent. If you can prove that an adult victim consented to the sexual contact, it becomes increasingly difficult for prosecutors to advance your case. However, if you face charges involving non-consensual sex acts with a child, consent cannot serve as a defense since children lack the legal capacity to consent to engaging in such acts.

As expert attorneys who have dealt with countless sexual abuse cases in the first degree at Spodek Law Group, we fully comprehend how vital it is to devise powerful defense strategies that factor in all pertinent legal and factual considerations.

Sentencing for Sexual Abuse in The First Degree

This heinous crime carries incredibly severe penalties which include up to seven years of imprisonment upon conviction, as a class D felony classification mandates. While there are no minimum sentence requirements, convictions may only result in probationary sentences depending on the specific circumstances of each case. Nevertheless, a conviction also necessitates lifetime registration under the NY Sex Offender Registration Act (SORA), significantly impacting one’s future opportunities in areas like housing and employment due to the attached stigma.


Sexual abuse in the first degree has far-reaching repercussions for both victims and accused individuals alike. As a leading law firm operating on a nationwide scale, Attorney Todd Spodek at Spodek Law Group has amassed vast experience managing such cases and is dedicated to providing the best possible representation that their clients rightfully deserve when faced with these serious, life-altering charges. So, don’t hesitate – contact us today!

NY Penal Law § 130.65: Sexual Abuse in the First Degree

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