Sexual abuse of laws and penalties in New York State

In New York State, a person is deemed legally incapable of consent to a sexual act, if he or she is less than 17 years. There are several laws in the New York Penal Code, applicable to the crime of fornication. Within these laws, there are clearly defined differences between the adult age of the actor and the child's age and the sexual act. Based on these distinctions, the laws of varying degrees of severity in punishment. Statutory RapeLaws of the State of New York are found in the Penal Code under Title H Rule 130 sex offense.

Adults who can engage in sexual intercourse with minors under age 17 with one or more injuries found on the legal definition in the Law Article 130.05 "lack of consent based on" energized ".

New York's "Lack of Consent" Law says that no less than 17 years of age of consent in a sexual act is capable of. For example, if a 18-year-old on a date with one 15 yearsold, leads one to the other and the 15-year-old said: "Yes, let's have sex". If the two in a sexual act, which has involved 18-year-old article 130.05 "The lack of agreement violated" the law by illegally engaging in a sexual act with a minor who is not legally able to.

A person who is 18 years or older, was a sex offense charge of the 2nd Grades face. If a defendant is less than four years older than the victim, an affirmative defense may be used when evidence presented at thecontrary to the criminal liability.

What can I be charged with if I have sexual contact with someone who is less than 17 years old?

Ultimately it is up to a New York prosecutor in the District Attorney's office to determine what charges will be filed. There are a variety of factors in the law that prosecutors use their determination to build. A very general framework is provided below only to the age factors. For more information visit the links at the bottomthis article.


An adult age 18-20 at least 15 years old with a person less than 17 can be charged with a violation of sexual misconduct 130.20. This is a Class A offense.
An adult age 18 or older, with a person at least 11 years old, but less than 15 can be charged with a Class D or B Felony Felony.
A person who is 21 years or older with a person at least 15 years old, but less than 17 can be charged with a Class E felony.
A person who is 21 years or older with a person less than May 15provided with a Class B crime charged.

What are the possible jail time and fines for these crimes if convicted?

Following are the maximum sentencing guidelines in New York Penal Code Articles 70.00 and 70.15 "liberty" laws. Current conviction may in any case significantly differ due to many factors.


Misdemeanor Class A - Max fine $ 1000 The prison will be determined by the court for not more than 1 years.
Class B Felony - Max fine $ 30,000. TheSentence is fixed by the court to be no longer than 25 years.
Class D Felony - Max fine $ 5,000. The prison sentence is fixed by the court not more than 7 years.
Class E felony - Max fine $ 5,000. The prison sentence is fixed by the court to be no longer than 4 years.

Additional Resources:

http://www.sexlaws.org/new_york_sex_laws New York sex laws

http://www.nycagainstrape.org/ New York City Alliance Against Sexual Assault

http://public.leginfo.state.ny.us/menuf.cgi New York State Legislature

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