New York Penal Code § 130.40: Criminal Sexual Act in the third degree

There are several components that comprise the charge of criminal sexual act in the third degree in New York. One is that you have oral or anal sex with a person who is not capable of consenting to the act. Another is that you have oral or anal sex with someone who does not give you permission or does not consent on their own. If you’re 21 or older and you have oral or anal sex with someone who is 17 or younger, then you can be charged with a criminal sexual act in the third degree.

There are a few definitions that you should keep in mind pertaining to oral and anal sex according to New York laws involving criminal sexual acts. Oral sexual conduct involves any kind of conduct that occurs when the mouth of one person touches the genitals of the other person. When anal conduct is performed, it involves contact between the penis and the anus of the other person. These are important components when there are questions concerning criminal sexual act in the third degree.

A teacher is 25 years old and is employed by a high school. A 16-year-old in one of his classes takes notice of him and begins to like him in a way that is more than what a student should think of a teacher. The young lady asks if he wants to go on a date and flirts with him while in class. The teacher does not reciprocate. The student kisses the teacher when they are alone one day, and the two have oral sex. Since he is 25 and she is 16, then he can be charged with a criminal sexual act in the third degree even though he told her that he didn’t want to go out with her. The student showed interest first and made the first moves, but the teacher would be punished because of his age.

There are other charges that could result if you are charged with a criminal sexual act in the third degree. Your age and the age of the other person involved will play a part in the other charges that are filed if there are any. You could be charged with statutory rape or rape in the third degree as well as aggravated sexual misconduct in the third degree. The court will look at all aspects of the situation that occurred so that a fair decision is made.

One of the components that the prosecution will be responsible for when charging and trying to convict you of the crime is to show that there truly was no consent from the other party involved. Any evidence that the other person consented to the sexual act should be given to the prosecution and to your attorney. Make sure your attorney has a copy of all the information that you have relating to the incident in case the prosecution tries to state that you were at fault. Keep in mind that there is a statute of limitations. This means that there is a certain amount of time for a prosecutor to file charges. If this time passes, then there’s usually nothing that the court can do to proceed with the charges. The statute is five years because the charge is a felony in New York. Another defense that you could use is that you are in a relationship with the other party and that there was intent because you were together.

Consult with an attorney if you are charged with this crime. Possible punishment is four years in jail. However, you could be sentenced to probation if your attorney uses a defense that the court accepts or if your attorney can show that you have no criminal background and that you should have a second chance.


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