DRAFT
Crime
Rape in the first
degree
(PL § 130.35)
Illegal Conduct
Criminal
Sanctions
A person is guilty when he or she engages in sexual Is a class B felony,
intercourse with another person by forcible compulsion, with penalties up to
with a person who is incapable of consent by reason of 25 years in prison.
being physically helpless (e.g. being asleep,
unconscious or due to alcohol or drug consumption),
who is less than 11 years old or less than 13 and the
actor is 18 or older.
Is a class D felony,
A person is guilty when being 18 years old or more, he
Rape in the second
with penalties up to
or she engages in sexual intercourse with another
degree
7 years in prison.
person less than 15, or with another person who is
(PL § 130.30)
incapable of consent by reason of being mentally
disabled or mentally incapacitated
Criminal sexual act A person is guilty when he or she engages in oral sexual
in the first degree contact or anal sexual contact with another person by
(PL § 130.50)
forcible compulsion, or with someone who is incapable
of consent by reason of being physically helpless, or
with someone less than 11 or with someone less than 13
and the actor is 18 or older.
Forcible touching A person is guilty when he or she intentionally, and for
(PL § 130.52)
no legitimate purpose, forcibly touches the sexual or
other intimate parts of another person for the purpose of
degrading or abusing such person; or for the purpose of
gratifying the actor’s sexual desire
Sexual abuse in
A person is guilty when he or she subjects another
the first degree
person to sexual contact: by forcible compulsion, when
(PL § 130.65)
the other person is incapable of consent by reason of
being physically helpless, or when the person is less
than 11 years old.
Aggravated sexual A person is guilty when he or she inserts a foreign
abuse in the first object in the vagina, urethra, penis or rectum of another
degree
person causing physical injury to such person by
(PL § 130.70)
forcible compulsion, when the person is incapable of
consent by reason of being physically helpless, or when
the person is less than 11.
Is a class B felony,
with penalties up to
25 years in prison.
Is a class A
misdemeanor, with
penalties up to 1
year in jail.
Is a class D felony,
with penalties up 7
years in prison.
Is a class B felony,
with penalties up to
25 years in prison.
Aggravated sexual
abuse in the
second degree
(PL § 130.67)
A person is guilty when he or she inserts a finger in the
vagina, urethra, penis or rectum of another person
causing physical injury to such person by forcible
compulsion, when the person is incapable of consent by
reason of being physically helpless, or when the person
is less than 11.
Aggravated sexual A person is guilty when he or she inserts a foreign
abuse in the third object in the vagina, urethra, penis or rectum of another
degree
person by forcible compulsion, when the person is
(PL § 130.66)
incapable of consent by reason of being physically
helpless, or when the person is less than 11.
Facilitating a sex A person is guilty when he or she knowingly and
offense with a
unlawfully possesses a controlled substance or any
controlled
substance that requires a prescription to obtain to
substance
another person, without such person’s consent and with
(PL § 130.90)
intent to commit against such person conduct
constituting a felony, and commits or attempts to
commit such conduct constituting a felony defined in
Article 30.
Stalking in the
A person is guilty when he or she intentionally, and for
fourth degree
no legitimate purpose, engages in a course of conduct
(PL § 120.45)
directed at a specific person, and knows or reasonably
should know that such conduct is likely to cause
reasonable fear of material harm to the physical health,
safety or property of such person, a member of such
person’s immediate family or a third party with whom
such person is acquainted; or causes material harm to
the mental or emotional health of such person, where
such conduct consists of following, telephoning or
initiating communication or contact with such person, a
member of such person’s family or a 3rd party with
whom such person is acquainted and the actor was
previously clearly informed to cease that conduct.
Stalking in the
A person is guilty when he/she commits the crime of
third degree
stalking in the 4th degree against three or more persons,
(PL § 120.55)
in three or more separate transactions, for which the
actor has not been previously convicted, or with intent
to harass, annoy or alarm a specific person, engages in a
course of conduct directed at such person which is
likely to cause such person to reasonably fear physical
injury or serious physical injury, the commission of a
sex offense against, or the kidnapping, unlawful
imprisonment or death of such person or a member of
such person’s family; or commits the crime of stalking
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Is a class C felony,
with penalties up to
15 years in prison.
Is a class D felony,
with penalties up to
7 years in prison.
Is a class D felony,
with penalties up to
7 years in prison.
Is a class B
misdemeanor, with
penalties up to three
months in jail.
Is a class A
misdemeanor, with
penalties up to one
year in jail.
Stalking in the
first degree
(PL §120.60)
in the 4th degree and has been previously convicted
within the preceding ten years of stalking in the fourth
degree.
A person is guilty when he/she commits the crime of Is a class D felony,
stalking in the 2nd or 3rd degree and in the furtherance with penalties up to
thereof, he/she intentionally or recklessly causes 7 years in prison.
physical injury to the victim, or commits a class A
misdemeanor defined in Article 130, a class E felony
defined in section 130.25, 130.40, or 130.85, or a class
D felony defined in section 130.30 or 130.45.
For a full listing of all sex offenses and the definitions of sex offenses, please refer to:
http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS
Crime statistics are reported annually by every college pursuant to the Jeanne Clery Act. This
information can be obtained from your campus Public Safety Department.
In addition, “Megan’s Law” protects our communities and universities by mandating that
convicted sex offenders register with the State through the Division of Criminal Justice Services.
Such information can be obtained from your local police precinct, and from the Division of
Criminal Justice Services website: http://www.criminaljustice.state.ny.us/ (for level 3 offenders.)
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