Sexual misconduct, a crime often associated with kids dating in High School, is a Class A misdemeanor in New York. Under section 130.20 of the Penal Code, you have committed this crime if you engaged in:
- Sexual intercourse without consent from the other person
- Oral sex or anal sex without consent from the other person
- Sexual activities with an animal or corpse
Sexual Terms as Defined by the New York Penal Code
The law includes very specific definitions for sexual intercourse, oral sex, and anal sex.
Sexual intercourse means penetration of the penis into a vaginal opening, regardless of how deep the penetration is. If it’s penetration of the penis into the mouth, that’s oral sex, and if it’s penetration of the penis into the anus, that’s anal sex. Contact between the mouth and the vagina also counts as oral sex according to the New York Penal Code.
Note that erections and orgasms do not matter in the case, as they are not a basis for consent.
Lack of Consent
To be charged with sexual misconduct, there must be a lack of consent. Even if the victim appeared to have consented, if they do not have the capacity to give consent, you can still be charged and convicted.
People who fall under the categories below are incapable of providing consent according to the New York Penal Code:
- Aged 16 and below
- Mentally disabled or incapacitated
- Physically helpless
- In the care of a local correctional facility
- In the care or custody of a correctional institution or hospital
- Placed in the New York State Office of Children and Family Services
There are, however, several defenses to a sexual misconduct charge. You may question the credibility of the person making the accusation or of a witness. Another strong defense is proof that the victim indeed allowed, and was able to give consent to the sexual act.
Every sexual misconduct case is different. Call me today so we can discuss the facts of your case.
