PL 130.65 · Article 130
Sexual Abuse in the First Degree
This offense involves sexual contact under any of four alternative circumstances: forcible compulsion, physical helplessness causing incapacity to consent, a person under 11, or a person under 13 when the person accused is at least 21. Force is not a requirement of every alternative.
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Text us immediately · (845) 290-2492Definition under New York law
PL 130.65 · Original statutory wording; excerpts must be read together with the full section.
§ 130.65 Sexual abuse in the first degree.A person is guilty of sexual abuse in the first degree when he or shesubjects another person to sexual contact:1. By forcible compulsion; or2. When the other person is incapable of consent by reason of beingphysically helpless; or3. When the other person is less than eleven years old; or4. When the other person is less than thirteen years old and the actoris twenty-one years old or older.Sexual abuse in the first degree is a class D felony.Read the full section at the New York State SenateIn everyday language
This offense involves sexual contact under any of four alternative circumstances: forcible compulsion, physical helplessness causing incapacity to consent, a person under 11, or a person under 13 when the person accused is at least 21. Force is not a requirement of every alternative.
At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.
CPL § 70.20What the prosecutor must prove
- The prosecutor must prove beyond a reasonable doubt that the person accused subjected another person to sexual contact under at least one of the following alternatives; the alternatives are not cumulative.
- Alternative 1: The sexual contact occurred by forcible compulsion.
- Alternative 2: The other person was incapable of consent because of physical helplessness.
- Alternative 3: The other person was under 11.
- Alternative 4: The other person was under 13 and the person accused was at least 21.
Defenses that commonly apply
- What evidence establishes whether the alleged sexual contact occurred?
- What evidence supports or contradicts forcible compulsion or physical helplessness causing incapacity to consent, if either is alleged?
- What records establish the other person's age and, if the under-13 alternative is alleged, whether the person accused was at least 21?
Penalties and collateral consequences
A Class D Felony carries a maximum sentence of up to 7 years in state prison and a fine of up to $5,000 or up to twice the gain.
A violent felony; conviction generally requires SORA registration.
Common questions about your defense
Can the absence of force defeat a first-degree sexual abuse charge?
Evidence that forcible compulsion did not occur may support a challenge to that alternative. It does not by itself defeat the separate physical-helplessness or age-based alternatives. The prosecutor must prove sexual contact and the requirements of an applicable alternative beyond a reasonable doubt.
Why is starting a defense early imperative?
An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.
How does an experienced lawyer help build the best possible defense?
Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.
Does an arrest or police report prove the charge?
No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.
Can the charge be dismissed or reduced?
That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.
Every case turns on its own facts. The information on this page is general, not legal advice.
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