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. Absence 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