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New York Penal Code § 130.90: Facilitating a Sexual Offense with a Controlled Substance

New York Penal Code § 130.90: Facilitating a Sexual Offense with a Controlled Substance

If you give someone an illegal drug for the person to perform a sexual act, then you have committed a crime in the state of New York. In order to be charged, the other person must not give you consent for the drug or the sexual act. You will be charged with facilitating a sexual offense with a controlled substance if you give any kind of prescription drug or other types of drugs that inhibit the person’s judgment and you take advantage of the person in a sexual manner, such as engaging in sexual intercourse.

While a man is in a club, he meets a woman he likes and begins talking to her. After talking, the man buys a drink for the woman. When the woman isn’t looking, he puts an illegal drug, such as ecstasy, in the drink. She doesn’t notice anything different about the taste or appearance, so she drinks the beverage. A short time later, the woman begins to feel lightheaded and excited. She goes home with the man and ends up having sexual intercourse with him without knowing that she is clearly making the decision. The next morning, the woman wakes up in the man’s bed without realizing what happened. She has no memory of what happened but knows that a sexual act did take place. In this situation, the man could be charged with facilitating a sexual offense with a controlled substance because the woman didn’t give her consent. He could also be charged with second-degree rape and other crimes involving sexual acts if there is enough evidence.

Some of the charges that he could receive include first-degree and second-degree rape as well as criminal sexual act in the first-degree and the second-degree. Each crime can be punishable by several months or years in prison along with hefty fines. He could also be charged with drug possession since drugs were involved in getting the woman to have sexual intercourse with him.

If you have been charged with this crime, you can consult with an attorney who can examine the evidence that you provide to determine if there are any defenses that could be used in court. There are two components to being charged with this crime and the consent surrounding the crime. One is the consent in taking the drug from the other person and the other is the consent to performing the sexual act that took place. One of the defenses that you could use is that the other person willingly took the drug that was offered. Another is that the person then willingly took part in a sexual act with you after taking the drug. If the person is handicapped or mentally handicapped, then you could still be charged with the crime even if the person consented to take the drug and consented in engaging in the sexual act because the person’s judgment isn’t at its best to begin with. The best defense that you can use is to show that the other person was willing to commit a sexual act with you and was knowingly in your presence whether a drug was involved or not.

Facilitating a sexual offense with a controlled substance is considered a class D felony in New York. The minimum sentence associated with this type of crime is two years with a maximum of seven years. If there are other charges, then you could spend more time in prison. Your criminal record and the sexual act involved are taken into consideration as well as the drugs involved.

If you’re convicted of this crime, then it can impact your life in numerous ways. Consult with an attorney who understands the charges and your rights as well as the defenses to your case so that you can have the best representation possible.

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