PL 130.55 · Article 130
Sexual Abuse in the Third Degree
This offense requires sexual contact without the other person's consent. The statute provides a limited affirmative defense when lack of consent rests solely on being under 17, the other person is over 14, and the person accused is less than five years older.
Has your loved one been arrested or taken into police custody?
Text us immediately · (845) 290-2492Definition under New York law
PL 130.55 · Original statutory wording; excerpts must be read together with the full section.
§ 130.55 Sexual abuse in the third degree.A person is guilty of sexual abuse in the third degree when he or shesubjects another person to sexual contact without the latter's consent;except that in any prosecution under this section, it is an affirmativedefense that (a) such other person's lack of consent was due solely toincapacity to consent by reason of being less than seventeen years old,and (b) such other person was more than fourteen years old, and (c) thedefendant was less than five years older than such other person.Sexual abuse in the third degree is a class B misdemeanor.Read the full section at the New York State SenateIn everyday language
This offense requires sexual contact without the other person's consent. The statute provides a limited affirmative defense when lack of consent rests solely on being under 17, the other person is over 14, and the person accused is less than five years older.
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 without that person's consent.
- The supplied section states one offense formulation, not multiple alternative offense routes.
- The statutory affirmative defense requires all three conditions together, not as alternatives: lack of consent was solely due to incapacity from being under 17; the other person was more than 14 years old; and the person accused was less than five years older than the other person.
Defenses that commonly apply
- What evidence establishes whether sexual contact occurred and whether the other person consented?
- Was any lack of consent due solely to age-based incapacity, or was another basis present?
- What birth records establish whether the other person was over 14 but under 17 and the person accused was less than five years older?
Penalties and collateral consequences
A Class B Misdemeanor carries a maximum sentence of up to 3 months and a fine of up to $500 or up to twice the gain.
Common questions about your defense
When might the close-in-age affirmative defense apply?
It may apply if lack of consent was solely due to being under 17, the other person was over 14, and the person accused was less than five years older. All three conditions are required, so evidence of another basis for lack of consent would prevent reliance on this particular defense. The prosecutor must prove the offense beyond a reasonable doubt, while this statutory exception is an affirmative defense rather than an automatic exclusion.
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.
Related charges
Related practice areas
Aggressive, experienced defense for arrests, investigations, and serious charges in Rockland, Orange, and Westchester Counties.
From major felonies to misdemeanors and violations, a former prosecutor in your corner from arraignment to verdict.
Tickets, license suspensions, and DMV hearings — keep points off your record and your license in your pocket.