PL 130.65 · Article 130
Sexual Abuse in the First Degree
Sexual abuse in the first degree alleges sexual contact (touching of intimate parts for sexual gratification) by forcible compulsion, with a person incapable of consent because of physical helplessness, or with a child under 11 (or under 13 when the accused is 21 or older).
Has your loved one been arrested or taken into police custody?
Text us immediately · (845) 290-2492What the prosecutor must prove
- The accused subjected another person to sexual contact.
- The contact was by forcible compulsion, or the person was physically helpless, or the person was under the age set in PL 130.65.
Defenses that commonly apply
- Whether any touching was for sexual gratification.
- Credibility, motive to fabricate and forensic interview procedures.
- The prosecution must prove every element beyond a reasonable doubt; gaps in the evidence matter.
- Challenging identification, witness credibility, and the reliability of statements to police.
- Suppression of evidence or statements obtained in violation of constitutional rights.
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 Up to $5,000 or up to twice the gain.
A violent felony; conviction generally requires SORA registration.
Every case turns on its own facts. The information on this page is general, not legal advice.
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