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Sexual Offenses

New York State Law Regarding Sex Offenses

It is important for members of the campus community to be aware that there can be serious legal consequences for certain sexual conduct. If you do not accept another person's decision not to have sexual contact and you proceed without consent, you may be breaking the law in New York State.
Sex offenses are defined in the New York State Penal Law. Sex offenses include, but are not limited to, rape, criminal sexual acts, sexual abuse, aggravated sexual abuse, forcible touching, and sexual misconduct*

  1. Sexual misconduct is sexual intercourse, oral sexual conduct or anal sexual conduct without such other person's consent.
  2. Rape is sexual intercourse by forcible compulsion or with another who is physically helpless, mentally disabled, incapacitated or incapable of consent because of age or other factors.
  3. Criminal sexual acts occur when one engages in oral or anal sexual conduct by forcible compulsion or with one who is physically helpless, mentally disabled, or incapacitated, or incapable of consent because of age or other factors.
  4. Forcible touching occurs when, for no legitimate purpose, one forcibly touches sexual or intimate parts of another person for degrading or abusing such persons, or for gratifying the actors' sexual desire.
  5. Sexual abuse is unlawful sexual contact with one who is incapable of consent because of age or other factors.
  6. Aggravated sexual abuse is unlawful insertion of foreign objects into the vagina, urethra, penis or rectum of another with one who is incapable of consent because of age or other factors.

*For complete descriptions of these sex offenses and others, see NYS Penal Law Article 130. Penalties for Commission of Sex Offenses:

Penal Law Offense Classification Penalty Section

130.20 Sexual Misconduct A Misdemeanor not to exceed 1yr
130.25 Rape 3rd Degree E Felony not to exceed 4yrs
130.30 Rape 2nd Degree D Felony not to exceed 7yrs
130.35 Rape 1st Degree B Felony not to exceed 25yrs
130.40 Criminal Sexual Act 3rd Degree E Felony not to exceed 4yrs
130.45 Criminal Sexual Act 2nd Degree D Felony not to exceed 7yrs
130.50 Criminal Sexual Act 1st Degree B Felony not to exceed 25yrs
130.52 Forcible Touching A Misdemeanor not to exceed 1yr
130.53 Persistent Sexual Abuse E Felony not to exceed 4yrs
130.55 Sexual Abuse 3rd Degree B Misdemeanor not to exceed 3mos
130.60 Sexual Abuse 2nd Degree A Misdemeanor not to exceed 1yr
130.65 Sexual Abuse 1st Degree D Felony not to exceed 7yrs
130.65A Aggravated Sexual Abuse 4th Degree E Felony not to exceed 4yrs
130.66 Aggravated Sexual Abuse 3rd Degree D Felony not to exceed 7yrs
130.67 Aggravated Sexual Abuse 2nd Degree C Felony not to exceed 15yrs
130.70 Aggravated Sexual Abuse 1st Degree B Felony not to exceed 25yrs
130.75 Course of Sexual Conduct Against a Child 1st Degree B Felony not to exceed 25yrs
130.80 Course of Sexual Conduct Against a Child 2nd Degree D Felony not to exceed 7yrs
130.85 Female Genital Mutilation E Felony not to exceed 4yrs
130.90 Facilitating a Sex Offense with a Controlled Substance D Felony not to exceed 7 yrs.
130.91 Sexually Motivated Felony sentence shall be deemed the same level as the violent felony offense or felony sex offense committed
130.95 Predatory Sexual Assault A-II Felony maximum of life imprisonment
130.96 Predatory Sexual Assault Against a Child A-II Felony maximum of life imprisonment

The sex offenses outlined in the New York State Penal Law call for a specific penalty for anyone convicted of one of these offenses as noted in the previous table. Depending on the offense committed, sentences can range from a minimum term of fifteen (15) days to a maximum term of twenty-five (25) years imprisonment or life imprisonment.