NY Penal Law § 130.66: Aggravated Sexual Abuse in the Third Degree

You have committed aggravated sexual abuse in the third degree under New York Penal Code § 130.66 if you insert a foreign object into another person’s vagina, urethra, penis, rectum or anus of that person, and you do this by forcible compulsion. You will also be looking at this charge if you put a foreign object into another individual and that person is physically incpacitated, has a mental incapacity, has a mental disability, or is a child who is under the age of 11 years. This is a class D felony. Although the statute does not clearly delineate the term “foreign object,” defendants have drawn convictions of aggravated sexual abuse in the third degree on the bassis of their use of sticks, bottles, knives, and various other foregin objects.

For Example

A group of young adults are gathered in an apartment and spend the evening talking, eating and drinking alcohol. At some point, one of the women at the gathering passes out. While she is unconscious, one of the men in the party takes an empty beer bottle and sticks it into the vagina of the unconscious lady. That man could get prosecuted for sexual abuse in the third degree. Since the woman was had passed out and was unconscious at the time that he shoved the bottle into her vagina, the woman was considered to be physically helpless and incbalbe of consenting to the sex act.

Offenses that are Related

• Criminal sexual act in the second degree: New York Penal Code § 130.45
• Rape in the second degree: New York Penal Code § 130.30
• Course of sexual conduct against a child in the second degree: New York Penal Code § 130.80
• Sexual abuse in the first degree: New York Penal Code § 130.65
• Facilitating a sex offense with a controlled substance: New York Penal Code § 130.90

The Sentence

Aggravated sexual abuse in the third degree is considered a class D felony. Because of this, if you are convicted, you could spend as much as 7 years behind bars. If you are a first time offender, the judge may exercise the option to sentence you to no prison time at all and simply sentence you to a 10 year probation term. On the other hand, if you do have a prior felony offense on your record, you will face a mandatory minimum sentence of 4 years in prison.

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Legal Scenario: What Would You Do?

Scenario

You were arrested after a former partner went to the police claiming you forced a foreign object on them during an encounter that you believed was consensual. Detectives have charged you with aggravated sexual abuse in the third degree under NY Penal Law § 130.66, and you are now facing a Class D violent felony.

What are the possible defenses and penalties I'm facing under this charge?

Attorney's Answer

Aggravated sexual abuse in the third degree under Penal Law § 130.66 is a Class D violent felony carrying a potential sentence of 2 to 7 years in state prison and mandatory sex offender registration under SORA. A key element the prosecution must prove is that the act was accomplished through forcible compulsion as defined under Penal Law § 130.00(8), meaning physical force or a threat that placed the alleged victim in fear of harm — if consent was genuinely given, that element fails. We would thoroughly investigate the circumstances, challenge the credibility of the allegations, and examine whether any physical or digital evidence contradicts the complainant's account. Early intervention by an experienced defense attorney is critical, as these cases often hinge on conflicting narratives and the strength of corroborating evidence.

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

Like many of the other sex crimes, aggravated sexual abuse in the third degree is a registrable offense under the Sex Offender Registration Act (SORA). In other words, if do get convicted you will be obligated to follow the rules for registered sex offenders. You remain on the sex offender registry for a minimum of 20 years. If you are a Level 2 or Level 3 offender, meaning that you are perceived to be a person who poses a substantial risk of offending again, you will stay on the list for the rest of your life.