Criminal Defense Lawyers

NY Penal Law § 13020 Sexual Misconduct

NY Penal Law § 130.20: Sexual Misconduct

Sexual misconduct is classiified as a sex crime. You have committed sexual misconduct under the New York Penal Code section 130.20 if you take any of these actions:

Engage in sexual intercourse with another person without that person’s consent

Engage in oral sex or anal sex with another person without that person’s consent

Engage in sexual conduct with an animal or a corpse

The New York Penal Code has clear definitions for “oral sexual conduct,” “sexual intercourse,” and “anal sexual conduct.” Sexual intercourse has its conventional meaning– a penis entering into a vagina. It is not important if the penetration was not complete. Any penetration is sufficient for to establish sexual intercourse for the purpose of a charge of sexual misconduct or any other sex offense that involves sexual intercourse. Oral sexual conduct speaks of sexual contact between one person’s mouth and another person’s penis, the mouth and a person’s anus, or the mouth and a person’s vagina or vulva. Anal sexual conduct referrs to contact between the penis and a person’s anus.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

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Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

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2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Example

A 25-year-old man puts his mouth on the vagina and the breasts of a  girl who is 15 years old. In such a case no consent can be claimed because the 15 year old girl was under the age to have the legal capacity to consent to the oral sex. In such a case, the man might be prosecuted for sexual misconduct.

Offenses that are Related to Sexual Misconduct:

Forcible touching: New York Penal Code section 130.52

Sexual abuse in the third degree: New York Penal Code section 130.55

Sexual abuse in the second degree: New York Penal Code section 130.60

Defense Strategies

If you can demonstrate that the accuser gave their consent tto the sexual act, or that you had good reason to believe that there was consent, this may be a valid defense against a charge of sexual misconduct. Bear mind, however, that this defense could not help you if the victim did not have the capacity to consent.

An additional possibility for defense is the statute of limitations. If the event took place more than 2 years prior to the date you were charged, then the statute of limitations bars prosecution. Nonetheless, if the accuser who is charging you with the sexual misconduct was under 18 years old at the time of the incident, the limitations time frame does not begin until the victim turns 18 years old or until a report of the incident is made to law enforcement.

Consequences

Since sexual misconduct is a class A misdemeanor, the maximum possible sentence is incarceration for up to one year. You may alternatively get a probation term of 6 years especially if you have no  prior criminal record. Regardless of whether your sentence is incarceration or probation, if you get convicted of sexual misconduct under the New York Sex Offender Registration Act (SORA) this would require you to register as a sex offender for 20 years or longer.

Contact the Law Offices of Attorney Jeremy Feigenbaum

The repercussions of getting charged or convicted of sexual misconduct are long lasting, affecting multiple aspects of not only your life, but also the lives of your family members. There may be numerous possible ways to defend against a sexual misconduct charge that only an experienced New York sexual misconduct lawyer will comprehend and be able to effectively employ in your case. The team at the Law Offices of Attorney Jeremy Feigenbaum has years of expertise successfully defending our clients in New York criminal courts who have faced sex crime charges including aggravated sexual abuse, criminal sexual act in the first degree, as well as other crimes of this genre like sexual misconduct, forcible touching, criminal sexual act, female genital mutilation, sexual abuse, sexual conduct against child, and facilitating a sexual offense with a controlled substance.