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FROM THE DEFENSE DESK / CRIMINAL DEFENSE
5 AUG 2026 · UPDATED 20 AUG 2026 · 1 MIN READ · BY TODD A. SPODEK
THE BRIEF · FILED UNDER: CRIMINAL DEFENSE
DOCKET NO. 339 · THE DEFENSE DESK

NYC Criminal Sexual Act in the Second Degree Lawyers.

Charged with criminal sexual act in the second degree in NYC? Learn about New York law, potential defenses for cases involving age, mental disability, or lack of consent, and how Spodek Law Group’s experienced attorneys can protect your rights. Don’t risk your future—find expert legal help for class D felony charges related to criminal sexual acts now.

Todd A. Spodek
Todd A. Spodek
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You can be charged with criminal sexual act in the second degree if you are 18 years old or older, have oral or anal sex with an individual who is under the age of 15, and or if you have oral or anal sex with an individual that cannot consent due to incapacity or a mental disability.

As a class D felony, criminal sexual act in the second degree carries serious jail time. If you are facing these types of allegations, the Federal Lawyers is your best option to find an attorney to defend your case.

When considering the allegations of criminal sexual act in the second degree, you need to understand how one can be charged with such a crime. Lack of consent is the main factor involved in these allegations in the following situations:

Anyone that suffers from a mental disease or disability is not capable of consenting to oral or anal sex. If the individual is not capable of understanding the nature involved in the conduct, there will always be a lack of consent.

Mental incapacity refers to an individual being incapacitated by an intoxicating substance without their knowledge or permission. Having oral or anal sex with an incapacitated individual will result in you being charged with these allegations.

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