Course of Sexual Conduct Against a Child in the First Degree: New York Penal Code § 130.75

First degree course of sexual conduct against a child is a felony Class B offense and, according to New York Penal Code § 130.75, it applies to a person who engages in at least two sexual acts with a child who is under eleven years of age over a period of more than three months. This section of the penal code also applies to a person who is eighteen years of age and older and who has engaged in at least two sexual acts with a child who is under thirteen years of age. The sexual acts that apply in this code are: sexual intercourse, oral sex, anal sex, or aggravated sexual contact. New York Penal Code § 130.75 is intended to punish people who repeatedly molest children sexually.

Suppose that an adult man who lived with his extended family repeatedly entered the bedroom of his nine year old niece in the middle of the night and engaged her in oral sex. The oral sex between the uncle and his niece took place while the girl was nine and ten years old. No one else knew the sexual encounters were occurring, except that the young girl’s behavior at school changed dramatically during the time that the sexual encounters were happening. The uncle could be charged for first degree course of sexual conduct against a child because he was engaging in oral sex with the girl when she was younger than eleven years of age.

Age of the child. To weaken the prosecutor’s case against the defendant, if it can be shown that the child was over the age of thirteen at the time of the sexual encounters, then the charges must be reconsidered.

Disagreement about the incidents. If evidence can be produced that clearly show no sexual conduct of any type took place between the defendant and the child, then the case may be dismissed.

Other lines of defense. Understanding the nuances of the relationship between the defendant and the child and how they may be linked together to tell a plausible story that creates a strong case pointing to the innocence of the defendant or to the faulty logic of the prosecutor’s case is a skill that a top-tier defense attorney can draw upon at will. This skill can be formidable in keeping defendants out of prison for first degree course of sexual conduct against a child.

Imprisonment. A person convicted of first degree course of sexual conduct against a child may be sentenced from five years to as many as twenty-five years in prison, as the crime is categorized as a felony Class B and is a violent felony offense. If the conviction is a second violent felony conviction, the judge must sentence the convicted person to a minimum of ten years behind bars.

Registration as a sex offender. Section 168 of the Sex Offender Registration Act of the New York Correction Law mandates that a person convicted of first degree course of sexual conduct against a child register as a sex offender for at least twenty years and comply with the strict registration and reporting requirements.

The types of sexual conduct that apply in this code are: sexual intercourse, oral sex, anal sex, or aggravated sexual contact. New York Penal Code § 130.75 was designed to deter and punish people who repeatedly sexually molest young children.

To reiterate, a person may be prosecuted for first degree course of sexual conduct against a child if:

1. Over a period of more than three months, an adult engages in at least two sexual acts with a child who is under eleven years of age; or
2. A person who is at least eighteen years of age has engaged in at least two sexual acts with a child who is under thirteen years of age.

Defending against a sex offense can be the most complicated area of the law you may face. A person who is convicted of first degree course of sexual conduct against a child faces a long time in jail and must be registered as a sex offender; both penalties damage reputations and people’s lives. Because of these deleterious effects, it is critical that a person charged with first degree course of sexual conduct against a child employ the services of a highly effective defense attorney firm that knows how to navigate this area of the law.

If you are charged with the crime of first degree course of sexual conduct against a child, it is important that you seek legal counsel from a knowledgeable and skilled attorney firm that is successful in defending persons accused of misdemeanor and felony sex crimes.

Barry C. Weiss P.C. is a formidable attorney firm that has successfully defended clients accused of misdemeanor and felony sex crimes in the state of New York, defending against such charges as first degree course of sexual conduct against a child, forcible touching, raping a person, molesting a child, engaging in a criminal sexual act, assaulting a person sexually, using a controlled substance to facilitate a sex crime, and committing other sex crimes.

We can be reached at (212) 785-1300 or newyorkcriminallawyer24-7.com to schedule a no-obligation, free legal consultative meeting to evaluate your case.

For additional information, refer to the following sections of the New York Penal Code:

1. Third degree aggravated sexual abuse: § 130.66
2. Second degree aggravated sexual abuse: § 130.67
3. First degree aggravated sexual abuse: § 130.70
4. First degree rape: § 130.35