Criminal Defense Lawyers

NY Penal Law § 130.50: Criminal Sexual Act in the First Degree

NY Penal Law § 130.50: Criminal Sexual Act in the First Degree

Criminal sexual act in the first degree is the most serious of the three different criminal sexual act offenses in the New York Penal Code. This crime is a class B felony. Criminal sexual act in the first degree is defined under New York Penal Code § 130.50 as engaging in anal sex or oral sex with another person under any of the following circumstnaces:

By forcible compulsion

With an individual who is physically helpless

With a child younger than 11 years of age

With a child under the age of 13 years and you are 18 years old or older.

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

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

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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Oral sexual conduct speaks of sexual contact between the mouth of one individual and penis of the other person, the mouth and the other person’s anus, or the mouth and the other person’s  vagina or vulva. The term “anal sexual conduct” refers to contact between one person’s penis and the another person’s anus.

Example

A man hosts a gathering at his home.  One of the women who attended the party drank alcohol and smoked marijuana. At some point, the woman passed out. While she was unconscious, the man engaged in oral sexual contact with the woman’s vaginal area. That man could be arrested and charged with the crime of criminal sexual act in the first degree since the woman was physically helpless when he imposed oral sexual conduct with her.

Offenses that are Related

Aggravated sexual abuse in the first degree: New York Penal Code § 130.70

Sexual abuse in the first degree: New York Penal Code § 130.65

Rape in the first degree: New York Penal Code § 130.35

Course of sexual conduct against a child in the first degree: New York Penal Code § 130.75

Possible Defenses

Since the lack of consent is an important element in proving the valididty of a criminal sexual act charge, the prosecutor will have a hard time successfully prosecuting you if you can demonstrate that there was consent to the anal or oral sex. In actuality, if you can demonstrate consent the prosecutor may opt to abandon the charges against you.

Another potential defense is if you can say that was not your intent to commit the criminal sexual act in the first degree. One example of this is if you yourself were so intoxicated at the time of the incident that you were not capable of forming the intent necessary to validate a charge of criminal sexual act.

The Sentence

Due to the fact that a criminal sexual act in the first degree is considered to be a class B felony, if you are convicted, the judge could send you to prison for as long as 25 years. Further, this  crime also carries the classification of violent felony offense. That said, if on conviction, you are looking at a mandatory minimum sentence of 5 years behind bars.

Probation may play a role in your sentence. Because criminal sexual act in the first degree is both a felony and a sex crime, it carries a mandatory probation term of 10 years.

Criminal sexual act in the first degree is among the registrable offenses. What this means is that if you are convicted of this offense, you will be obligated to register as a sex offender as required by the New York Correction Law § 168, also known as the Sex Offender Registration Act (SORA).