New York Penal Law § 130.60 – Sexual Abuse in the Second Degree

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Sexual Abuse in the Second Degree is a New York sex crime that punishes individuals who subject others to sexual contact who are either under 14 years old or unable to provide consent. Sexual Abuse in the Second Degree is a class A misdemeanor.

The Elements of Sexual Abuse in the Second Degree

Before a judge or jury can convict anyone of a crime, the prosecution must establish each element of the offense beyond a reasonable doubt. The elements of Sexual Abuse in the Second Degree that the prosecution must prove are:

1. The defendant subjected the alleged victim to sexual contact;
2. The alleged victim was under 14 years old, or
3. The alleged victim was incapable of providing consent for a reason unrelated to their age.

In this context, the term “sexual contact” refers to touching another’s sexual organs or intimate body parts for the purpose of sexual gratification. Touching a person’s intimate body parts over the clothes is considered sexual contact.

Notably, it is not an element of the offense that the defendant did not know that the alleged victim was under 14 or that the defendant thought that they were 14 or older.

Examples of Sexual Abuse in the Second Degree

The following are examples of Sexual Abuse in the Second Degree:

• A defendant touches the breasts of a nursing home resident who is non-verbal and cannot provide consent; or
• A defendant touches the penis of a 13-year-old over the clothes.

Related Offenses to NY Penal Law § 130.60

Often, prosecutors bring Sexual Abuse in the Second Degree charges along with one or more of the following:

• Sexual Misconduct – NY Penal Law § 130.20
• Forcible Touching – NY Penal Law § 130.52
• Sexual Misconduct – NY Penal Law § 130.20
• Sexual Abuse in the Third Degree – NY Penal Law § 130.55
• Sexual Abuse in the First Degree – NY Penal Law § 130.65

What Are the Defenses to Sexual Abuse in the Second Degree?

The defenses to Sexual Abuse in the Second Degree include:

• Consent (if the alleged victim is over 13);
• The contact, while it occurred, was not made for the purposes of sexual gratification; and
• Fabrication.

Additionally, in some cases, misidentification can be a defense to Sexual Abuse in the Second Degree; however, this is typically only when the alleged victim did not previously know the defendant. Additionally, a police officer’s violation of the defendant’s constitutional rights when taking a statement may also be a defense in those cases where the defendant provided a statement.

What Are the Penalties for Violating NY Penal Law § 130.60?

Sexual Abuse in the Second Degree is a class A misdemeanor. In New York, class A misdemeanors are punishable by up to a year in jail and a fine of up to $1,000. Additionally, Sexual Abuse in the Second Degree is considered a “sex offense,” and anyone convicted of this crime will be required to register as a sex offender for at least 20 years and possibly for the rest of their life.

Discuss Your Case With an Experienced New York Sex Crimes Defense Attorney Today

While Sexual Abuse in the Second Degree is a misdemeanor, if you are convicted, you’ll face mandatory sex offender registration. Thus, if you have been charged under § 130.60, it is imperative that you get started on your defense as soon as possible. At the law firm of Tilem & Associates, P.C., our dedicated criminal defense attorneys have more than 25 years of experience defending everyday people charged with serious crimes, helping them preserve everything they’ve worked so hard for. We are immediately available to meet with you to get started working on a compelling defense to the charges you face. To learn more, and to schedule a free consultation today, call 877-377-8666. You can also reach us through our online contact form.