Overview
Sex crime allegations belong to the most serious category of prosecutions. They are often pursued with much zeal and accompanied by prejudice, given the allegation. District Attorneys build cases in silence and pursue direct presentments to the Grand Jury.
A good defense starts before charges are brought: identifying and interviewing witnesses, obtaining photo-and-videographic evidence; electronic and social media evidence etc, so that favorable evidence is preserved and available for trial.
Tom Plan has acted on behalf of defendants in cases ranging from misdemeanor forcible touching to life sentence eligible offenses such as Predatory Sexual Assault.
Offenses and penalties
New York's sex offenses are in Article 130 of the Penal Law. For offenses committed on or after 1 September 2024, the "Rape is Rape" law folded the former crime of criminal sexual act into rape. Rape now covers vaginal, oral and anal sexual contact, and contact is enough; penetration is no longer required. Conduct before that date is still charged under the old sections.
| Section | Offense | Class |
|---|---|---|
| 130.55 | Sexual abuse in the third degree | B misdemeanor |
| 130.20 | Sexual misconduct | A misdemeanor |
| 130.52 | Forcible touching | A misdemeanor |
| 130.60 | Sexual abuse in the second degree | A misdemeanor |
| 130.25 | Rape in the third degree | E felony |
| 130.53 | Persistent sexual abuse | E violent felony |
| 130.65-a | Aggravated sexual abuse in the fourth degree | E violent felony |
| 130.30 | Rape in the second degree | D violent felony |
| 130.65 | Sexual abuse in the first degree | D violent felony |
| 130.66 | Aggravated sexual abuse in the third degree | D violent felony |
| 130.80 | Course of sexual conduct against a child in the second degree | D violent felony |
| 130.90 | Facilitating a sex offense with a controlled substance | D violent felony |
| 130.67 | Aggravated sexual abuse in the second degree | C violent felony |
| 130.35 | Rape in the first degree | B violent felony |
| 130.70 | Aggravated sexual abuse in the first degree | B violent felony |
| 130.75 | Course of sexual conduct against a child in the first degree | B violent felony |
| 130.91 | Sexually motivated felony | Class of the underlying felony |
| 130.95 | Predatory sexual assault | A-II felony |
| 130.96 | Predatory sexual assault against a child | A-II felony |
Sentencing, first felony conviction. A felony sex offense carries a determinate prison term followed by post-release supervision:
| Class | Prison | Post-release supervision |
|---|---|---|
| A-II (predatory sexual assault) | Minimum of 10 to 25 years, maximum of life | — |
| B | 5 to 25 years | 5 to 20 years |
| C | 3½ to 15 years | 5 to 15 years |
| D | 2 to 7 years (probation possible) | 3 to 10 years |
| E | 1½ to 4 years (probation possible) | 3 to 10 years |
| A misdemeanor | Up to 364 days | — |
| B misdemeanor | Up to 3 months | — |
Probation for a felony sex offense lasts 10 years; for a class A misdemeanor sex offense, 6 years. A prior felony conviction raises every range.
Sources: Penal Law §§ 130.00–130.96, 70.00, 70.02, 70.15, 70.45(2-a), 70.80, 65.00.
Registration (SORA)
Most sex offense convictions also require registration under the Sex Offender Registration Act (Correction Law Article 6-C). Before release, the Board of Examiners of Sex Offenders recommends a risk level; the sentencing court decides it after a hearing, at which the District Attorney must prove the facts by clear and convincing evidence and the person has a right to counsel.
| Level | Registration |
|---|---|
| Level 1 (low risk) | Annually for 20 years |
| Level 2 (moderate risk) | Annually for life; petition for relief possible after 30 years |
| Level 3 (high risk) | Annually for life, with in-person address verification every 90 days |
Level 2 and 3 registrants appear in the public subdirectory. The level can be challenged at the hearing and later by petition to modify.
Results
People v. initials (court, year). Charged with …; facing …. What the defense did. Outcome.
Attorney Advertising. Prior results do not guarantee a similar outcome.
FAQ
Why do prosecutors use controlled calls in sex prosecutions?
Many sex cases have no witness other than the complainant and no physical evidence. Police therefore often ask the complainant to call or message the accused while an investigator records, hoping for an apology or an admission. New York allows this because only one party to a conversation needs to consent to the recording. A controlled call is not a confession: what was said, what was meant and what was left out can all be tested at trial. If you have been contacted out of the blue about an old incident, say nothing and call a lawyer.
Can you prevent charges from being brought?
Sometimes. Before an indictment the defense can find and preserve evidence, put information in front of the District Attorney and, where it is wise, use the right to testify before the grand jury. A grand jury that hears the whole picture may decline to indict. No lawyer can promise that outcome, but the earlier the defense starts, the more of these options remain open.
What is a sex offender registry?
It is the state list kept under the Sex Offender Registration Act. A person convicted of a registrable offense must register, keep the address current and, depending on the risk level, verify it periodically, for 20 years at Level 1 and for life at Levels 2 and 3. The level is set by the sentencing court after a hearing, and it is one of the most consequential parts of the case.
Articles
- Bad Character evidence in the MeToo era (forthcoming)