New York Penal Code § 130.80: Course of Sexual Conduct Against a Child in the Second Degree

Course of sexual conduct against a child is a serious sex crime. In the state of New York, course of sexual conduct against a child in the second degree as per the Penal Code 130.80 is not as serious as the same crime in the first degree. It constitutes certain criteria in order for a person to be guilty.

Course of Sexual Conduct Against a Child in the Second Degree as Per New York Penal Code 130.80

In order for a person to perpetrate the crime of course of sexual conduct against a child in the second degree in New York, the following would have to be in place:

• A person engages in two or more acts of sexual conduct with a child under the age of 11 throughout a period of time that is at least three months
• The person is at least 18 years old and has performed two or more acts of sexual conduct with a child under the age of 13 within a period of time that is at least three months

As per the New York Penal Code 13.00(10), sexual conduct is described as sexual intercourse, oral sex, anal sex, sexual contact or aggravated sexual contact. The crime of course of sexual conduct against a child in the second degree is classified as a class D felony, which makes it a very serious offense.

An example of course of sexual conduct against a child in the second degree involves a man who repeatedly babysits for the child of a family friend. The babysitting takes place over the course of six months. When he is alone with her, he repeatedly touches her in an appropriate way, fondling her genital area. The little girl eventually tells her mother and the mother ends up calling the police to report the molestation. The man could be charged with course of sexual conduct against a child in the second degree because of the sexual contact and due to the fact that said contact occurred over six months’ time. To be charged, the person does not have to actually engage in sexual intercourse or oral or anal sex.

Possible Defenses for Course of Sexual Conduct Against a Child in the Second Degree in New York

Because sex crimes are particularly heinous, it’s important for anyone who is charged with any, including course of sexual conduct against a child in the second degree, to hire a skilled criminal defense attorney to defend them in court. A possible defense would involve the defense attorney challenging the time frame given by the prosecution as to when the incidents took place. Another defense is to argue that the child in question was older than the age of 11 or older than 13 if the defendant was at least 18 at the time the incidents occurred.

Sentence for Course of Sexual Conduct Against a Child in the Second Degree in New York

In general, because course of sexual conduct against a child in the second degree is charged as a class D felony in New York, a person convicted can face a maximum sentence of seven years in prison.

Additionally, if a person is convicted of this crime, they will be required to register as a sex offender with the state. This is a serious penalty and can affect many areas of a person’s life. It also requires that the individual keep law enforcement up to date with their personal information. The individual is also required to stay registered as a sex offender for at minimum, 20 years.

Summary of Course of Sexual Conduct Against a Child in the Second Degree as Per Penal Code 130.80

A person can be found guilty of course of sexual conduct against a child in the second degree when they have engaged in sexual conduct with a child for no fewer than three months and the child is under 11 years old. If the individual is at least 18, if they engage in two or more sexual acts with a child younger than 13, they can be charged with the crime as well.

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