PL 130.20 · Article 130
Sexual Misconduct
This statute covers vaginal, oral, or anal sexual contact with another person without consent as three separate alternatives. A fourth alternative covers sexual conduct with an animal or a dead human body, rather than requiring proof of another person's lack of consent.
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Text us immediately · (845) 290-2492Definition under New York law
PL 130.20 · Original statutory wording; excerpts must be read together with the full section.
§ 130.20 Sexual misconduct.A person is guilty of sexual misconduct when:1. He or she engages in vaginal sexual contact with another personwithout such person's consent; or2. He or she engages in oral sexual contact with another personwithout such person's consent; or3. He or she engages in anal sexual contact with another personwithout such person's consent; or4. He or she engages in sexual conduct with an animal or a dead humanbody.Sexual misconduct is a class A misdemeanor.Read the full section at the New York State SenateIn everyday language
This statute covers vaginal, oral, or anal sexual contact with another person without consent as three separate alternatives. A fourth alternative covers sexual conduct with an animal or a dead human body, rather than requiring proof of another person's lack of consent.
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 at least one statutory alternative beyond a reasonable doubt; the alternatives are not cumulative.
- Alternative 1: The person accused engaged in vaginal sexual contact with another person without that person's consent.
- Alternative 2: The person accused engaged in oral sexual contact with another person without that person's consent.
- Alternative 3: The person accused engaged in anal sexual contact with another person without that person's consent.
- Alternative 4: The person accused engaged in sexual conduct with an animal or a dead human body; those are alternatives within this route.
Defenses that commonly apply
- What evidence establishes whether the person accused engaged in the particular sexual contact or sexual conduct alleged?
- For an allegation involving another living person, what evidence establishes or contradicts lack of consent?
- For the fourth alternative, what evidence establishes that the alleged sexual conduct involved an animal or a dead human body?
Penalties and collateral consequences
A Class A Misdemeanor carries a maximum sentence of up to 364 days and a fine of up to $1,000 or up to twice the gain.
Common questions about your defense
Is consent relevant to every sexual misconduct alternative?
Lack of consent is required for the vaginal, oral, and anal sexual-contact alternatives involving another person. Evidence of consent may challenge those alternatives, but it does not address the separate alternative involving sexual conduct with an animal or a dead human body. The prosecutor must prove the requirements of the 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.
Related charges
PL 130.52 · Class A Misdemeanor
PL 121.11 · Class A Misdemeanor
PL 130.25 · Class E Felony
PL 130.65 · Class D Felony
PL 130.55 · Class B Misdemeanor
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