The most serious type of sex crime is rape. Rape in the First Degree is defined in New York Penal Code §130.35. It states that Rape in the First Degree is any instance of sexual intercourse that is achieved through force, is committed against a physically helpless person, or is committed against a child under the age of eleven.
Criminal Sexual Act
Criminal Sexual Act is also a serious accusation. These involve any sort of sexual conduct short of sexual intercourse. Just as with rape, the severity of the charge is determined by the identity of the alleged victim and the use of force.
- Criminal Sexual Act in the Third Degree is when someone engages in sexual conduct with a person without their consent, who is incapable of consent, or who is younger than seventeen years old if the accused is older than twenty-one. Criminal Sexual Act in the Third Degree is considered a class E felony.
- Criminal Sexual Act in the Second Degree is when the accused is eighteen years or older and engages in a sexual act with someone younger than fifteen, or when someone engages in a sexual act with another who cannot consent due to mental disability. This is a class D felony.
- Criminal Sexual Act in the First Degree is when someone forces another into a sexual act, or engages in a sexual act with another who is physically helpless, is younger than eleven, or when the accused is older than eighteen and the alleged victim is younger than thirteen. Criminal Sexual Act in the First Degree is a class B felony.
Forcible Touching is an example of a misdemeanor level sex offense. This is defined in New York Penal Code §130.52 as any forcible touching of another person for the actor’s sexual gratification. Alternatively, this can include any touching of a person while on a form of public transit, regardless of the use of force.