Criminal sexual act- second degree - New York Sexual Assault Laws

In New York, the criminal charge of Criminal sexual act- second degree is classified as a Statutory Class D felony.

Criminal sexual act- second degree Crime & Punishment in New York :

The New York code § 130.45 defines one degrees of the crime criminal sexual act- second degree, each with associated punishments. The degree of the crime depends on the specifics of the crime committed, with higher degrees of the charge generally receiving harsher punishments.

Severity Criminal sexual act- second degree - Charge Description Punishment
Class D felony
STATUTORY
  • A person commits a criminal sexual act in the second degree when the offender engages in oral or anal sexual conduct with another person who is incapable of consent because of mental disability or mentally incapacity.
  • A person commits a criminal sexual act in the second degree when the offender is 18 years old or over and engages in oral or anal sexual conduct with another person who is under 15 years old.
A maximum of 7 years in jail

New York law allows criminal sexual act- second degree to be enforced as a statutory charge. This means that this charge can be applied to cases in which the victim is younger than the New York Age of Consent, even if the victim willingly engages in sexual relations with the defendant.

Criminal sexual act- second degree is a charge that is unique to New York. Crimes that would be prosecuted as criminal sexual act- second degree in New York will be prosecuted under a different statute depending on the state in which the crime takes place.


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** This Document Provided By AgeOfConsent.net **
Source: http://www.ageofconsent.net/laws/new-york/criminal-sexual-act-second-degree