In the state of New York, in addition to the crime of sexual conduct against a child in the first degree, course of sexual conduct against a child in the second degree is an offense whose Penal Code, 130.75, aims to punish individuals who repeatedly sexually abuse or molest children.
What is Course of Sexual Conduct Against a Child in the First Degree as Per New York Penal Code 130.75?
Course of sexual conduct against a child in the first degree as per New York’s Penal Code 130.75 is a crime in which the person engages in at least two sexual acts with a child under the age of 11 over a continuous time of less than three months. The sexual conduct must be either intercourse, oral sex, anal intercourse or some type of aggravated sexual conduct. In addition, a person can face the charge of course of sexual conduct against a child in the first degree if they are at least 18 years of age and have a minimum of two sexual acts with a child under the age of 13.
An example of this crime is a young man who is hired by a family to babysit their child who is only six years old and who forced oral sex on the child. This crime was perpetrated for five consecutive times that he was over at their home to babysit the child. Then, when the child is at school, a teacher takes notice of a remarkable change in the child’s behavior and tries to find out what’s going on. The school investigates and learns about the abuse from the child after speaking with her. The young man can then be arrested and charged with course of sexual conduct against a child in the first degree due to the sexual abuse occurring continuously and due to the girl’s age.
Possible Defenses for Course of Sexual Conduct Against a Child in the First Degree in New York
Because course of sexual conduct against a child in the first degree is a very serious sex crime and is considered particularly heinous, it’s important that anyone facing such charges retain an experienced sex crimes attorney. There are certain defenses that the lawyer can use to weaken the prosecution’s case that can result in the charges being reduced, dropped altogether or even an acquittal for their client. One of those defenses is to prove that the child with whom the sexual conduct was performed was over the age of 13 at the time of the acts. Another is that the conduct did not involve sexual intercourse, oral or anal sex or aggravated sexual conduct. If the defense is strong enough, the prosecution might have no choice but to allow the charges to be reduced or even dropped.
Sentence for Course of Sexual Conduct Against a Child in the First Degree in New York
The penalties for course of sexual conduct against a child in the first degree are extremely serious in the state of New York. Sex crimes are deemed very serious, as is the fact that they are committed against a child. As a result, the person being charged and convicted of the crime can expect to face severe sentences. Course of sexual conduct against a child in the first degree is classified as a class B felony, which means that the individual who is convicted of the crime can serve a maximum of 25 years in prison. Additionally, because the crime is considered a violent felony offense, the person is also required to serve an additional five years of mandatory minimum sentence. However, if the person has a previous violent felony conviction on their record, the judge in their case can sentence them to an additional 10 years.
In addition, course of sexual conduct against a child in the first degree is also a crime that requires the individual convicted to register on the sex offender’s registry list as per the Sex Offender Registration Act (SORA). Generally speaking, the person would be required to follow stringent rules and requirements for a minimum of 20 years, including reporting their whereabouts and more.
