NY Penal Law § 130.60: Sexual Abuse in the Second Degree

Sexual abuse in the second degree as defined in New York Penal Code section 130.60 is a sex crime and it is a class A misdemeanor as opposed to a felony. If you engage in sexual contact with another individual without that individual’s consent and that lack of consent is based on a reason other than that the victim is under 17 years old, or if the victim is a child who is younger than 14 years old, you will face this charge.

For the purposes of this discussoion, sexual contact is different as sexual intercourse or oral or anal sexual conduct. Sexual contact is defined in New York Penal Code section 130.00(3) as touching the sexual or intimate areas of another person’s body for sexual gratification. Sexual or intimate parts include the genital area, vagina, penis, buttocks, anus, rectum, breasts, mouth and lips.

Some Examples

While playing with his 9 year old granddaughter, a man put his hand inside her underwear, touching her vagina. In another case, a mother fondled the penis of her son who was 11 years old. In both cases, the adults could be prosecuted for sexual abuse in the second degree as they initiated sexual contact with children who were younger than 14 years of age. A prosecutor could prove that the touching was for sexual gratification by simply demonstrating that, based on the circumstances, no other reasonable explanation exists for such behavior.

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Legal Scenario: What Would You Do?

Scenario

A man is arrested after a woman he met at a bar tells police he groped her without her consent during what he believed was a mutual encounter. He is charged under NY Penal Law § 130.60 with sexual abuse in the second degree and is terrified about what this means for his future.

What exactly am I facing with a charge of sexual abuse in the second degree, and what are my options for fighting this?

Attorney's Answer

Sexual abuse in the second degree under NY Penal Law § 130.60 is a class A misdemeanor, which means you face up to one year in jail, three years of probation, and potential sex offender registration under SORA. The prosecution must prove beyond a reasonable doubt that you subjected another person to sexual contact without their consent, where the lack of consent is based on factors outlined in Penal Law § 130.05 other than the victim being under 17. A strong defense may involve challenging the credibility of the allegations, presenting evidence of consent, or demonstrating inconsistencies in the complainant's account. Given the serious collateral consequences of any sex offense conviction, including registration requirements and restrictions on employment and housing, it is critical to retain experienced counsel immediately to protect your rights.

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

Offenses that are Related

• Endangering the welfare of a child: New York Penal Code section 260.10
• Forcible touching: New York Penal Code section 130.52