In New York, only sexual intercourse between a man and a woman is considered Rape.  For other sex acts, between any gender combination, you could be charged with the crime of Criminal Sex Act.  A sexually related conviction can have lifelong consequences and therefore it is important for your criminal defense lawyer to have experience [...]

A person is charged with Criminal Sex Act in the Third Degree when: Anal or oral sexual conduct occurs between 2 people and the contact with the person that is not able to consent is based on something other than being less than 17 years old. Anal or oral sexual conduct occurs between 2 people, [...]

In addition to a felony criminal record, if you are convicted of or plead guilty to Criminal Sex Act in the Third Degree, you face the following penalties: Up to 4 years in State Prison. Between 3 and 10 years of Post-Release Supervision. Up to 10 years of Probation. Up to $5000 in fines. Registration [...]

In New York, felonies are broken down into 6 categories: A-I, A-II, B, C, D, and E.  The A-I and A-II charges being the most serious and a class E felony being the least serious felony charges.  The chart below identifies the maximum state prison incarceration for all felony convictions.   Level of Felony Maximum [...]

A person is charged with Criminal Sex Act in the Second Degree when: Anal or oral sexual conduct occurs between 2 people, one who is over 18 years old and one who is younger than 15 years old. Anal or oral sexual conduct occurs between 2 people, one who is not able to consent because [...]

In addition to a felony criminal record, if you are convicted of or plead guilty to Criminal Sex Act in the Third Degree, you face the following penalties: Up to 7 years in State Prison. Between 3 and 10 years of Post-Release Supervision. Up to 10 years of Probation. Up to $5000 in fines. Registration [...]

If you are involved in a consensual sexual relationship, the answer would be no.  The law recognizes an affirmative defense for someone that is less than four years older than the other involved individual for the purposes of a crime between an 18-year-old and a 15-year-old. Of course, if the underage person is physically helpless [...]

A person will be charged with Criminal Sex Act in the First Degree when oral or anal sexual conduct occurs:  by forcible compulsion. when a person is physically helpless. when a person is less than 11 years old. When someone is 18 years or older and the person involved is less than 13 years old.

Up to 25 years in State Prison. Between 5 and 20 years of Post-Release Supervision. Up to $5000 in fines. Registration as a Sex Offender. Order to provide a DNA sample. $1425 in Sex Offender surcharges. Payment of restitution. Order to have HIV testing.

Jail typically refers to a local period of incarceration at a County Correctional Facility.  The maximum sentence to a County Jail is for a period of 1 year per charge, with a maximum sentence of 2 years.  State Prison refers to any sentences of more than one year.