PL 130.20 · Article 130
Sexual Misconduct
Sexual misconduct generally alleges sexual intercourse, oral or anal sexual contact with another person without that person's consent, or certain sexual conduct with an animal or dead human body.
Has your loved one been arrested or taken into police custody?
Text us immediately · (845) 290-2492What the prosecutor must prove
- The accused engaged in the sexual conduct described in PL 130.20.
- The other person did not consent (for the subdivisions involving another person).
Defenses that commonly apply
- Consent and credibility.
- Digital communications and timeline evidence.
- 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 A Misdemeanor carries a maximum sentence of up to 364 days and a fine of up to Up to $1,000 or up to twice the gain.
Every case turns on its own facts. The information on this page is general, not legal advice.
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