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NYS PENAL LAW

NYS PENAL LAW DEFINITIONS SEX OFFENSES

QuestionAnswer
A PERSON -17 CAN CONSENT TO HAVE INTERCOURSE FALSE / A PERSON -17 CANNOT CONSENT TO INTERCOURSE
A MENTALLY DISABLED PERSON 18+ CAN CONSENT BECAUSE THEY ARE OVER 17+ FALSE / A MENTALLY DISABLE PERSON CANNOT CONSENT
A PERSON WHO IS CONSIDERED MENTALLY INCAPACITATED CANNOT GIVE CONSENT TRUE / IF FROM BOOZE, DRUG ETC IT MUST HAVE BEEN WITHOUT CONSENT
A 16 Y/O CAN GIVE CONSENT TO HAVEINTERCOUSE IF SHE FEELS SHE IS READY FALSE / A PERSON -17 CANNOT GIVE CONSENT EVEN IF WILLING PARTICIPANT
A PESON WHO IS PHYSICALLY HELPLESS CAN GIVE CONSENT FALSE / A PERSON WHO IS PHYSICALLY HELPLESS CANNOT GIVE CONSENT
A 21 Y/O FEMALE PRISONER AT RIKERS WANT TO HAVE INTERCOURSE WITH A MALE GUARD THIS IS CONSIDERED CONSENSUAL. FALSE / A PRISONER CANNOT GIVE CONSENT
BILLS A PAROLE OFFICER HIS PAROLEE IS A 27 Y/O ATTRACTIVE FEMALE WHO WANTS TO MEET UP AT A HOTEL AND HAVE INTERCOURSE WITH BILL. SHES WILLING AND OF AGE CAN SHE GIVE CONSENT ? NO / A PAROLEE CANNOT GIVE CONSENT
VIVIAN AN ATTRACTIVE 10-62 AT NUMC WANTS TO HAVE INTERCOURSE WITH OFFICER BILL WHO IS STANDING GUARD NEARBY. CAN OFFICER BILL HAVE SEX WITH VIVIAN ON MEAL ? NO / A PSHYCO IN A HOSPITAL CANNOT GIVE CONSENT
DOCTOR DON HAS A HOT 42 Y/O PATIENT WHO IS NAKED AND BEING EXAMINED. THE PATIENT LAYS ON THE COUCH AND DEMANDS TO HAVE INTERCOURSE DURING THE EXAM. CAN A PATIENT CONSENT DURING AN EXAMINATION? NO / A PATIENT WHILE BEING TREATED CANNOT CONSENT.
SUSAN A 30 Y/O INPATIENT AT A RESIDENTIAL FACILITY WANTS TO HAVE SEX WITH THE SUPERVISOR OF FACILITY. THEY ARE BOTH WILLING TO HAVE INTERCOURSE CAN THEY ? NO / A INPATIENT OF CERTAIN RESIDENTIAL FACILITIESCANNOT CONSENT
DOCTOR DON IS EXAMING HIS WIFE SUE IN HIS OFFICE. SUE AND BOB HAVE INTERCOURSE IN IS OFFICE DURING THIS EXAM. IS SUE ALLOWED TO GIVE CONSENT DURING EXAM ? YES / BECAUSE THEY ARE MARRIED
CARL IS 20 Y/O OLD AND HAS INTERCOURSE WITH HIS NEIGHBOR JILL WHO IS ONLY 16. THIS SEXUAL EVENT WAS CONSENSUAL. CAN CARL BE CHARGED WITH ANY CRIME ? YES / P.L. SEXUAL MISCONDUCT "A" MISD JILL IS -17 AND EVEN THOUGH THE SEX WAS CONSENSUAL SHE CANNOT CONSENT. THINK "JAILBAIT"
CARL IS 21 Y/O AND HAS INTERCOURSE WITH HIS NEIGHBOR JILL WHO IS 15. THIS INTERCOURSE WAS CONSENSUAL WHAT IS THE CORRECT CHARGE ? RAPE 3RD "E" FELONY CARL IS MORE THAN 4+ YEARS OLDER THAN JILL WHO BY HER AGE CANNOT CONSENT.
CARL IS 19 Y/O AND HAS INTERCOURSE WITH JILL WHO IS 14 BUT LOOKS 16. THE SEX IS CONSENSUAL WHAT SHOULD CARL BE CHARGED WITH RAPE 2ND "D" FELONY CARL IS OVER 18+ AND JILL IS LESS THAN -15. JILL CANNOT CONSENT.
RAPE 3RD "E" FELONY 1OF3 REASON OTHER THAN AGE VICTIM IS INCAPABLE OF CONSENT BY REASON OR OTHER FACTOR THAN BEING -17
RAPE 3RD "E" FELONY 2 OF3 AGES ? VICTIM IS -17 AND DEFENDANT IS 21+
RAPE 3RD "E" FELONY 3 OF3 WHAT IS NEEDED OF VICTIM ? LACK OF CONSENT BASED ON SOME FACTOR OTHER THAN INCAPACITY TO CONSENT
RAPE 2ND " D" FELONY AGES ARE ? VICTIM IS -15 AND DEFENDANT IS 18+
RAPE 2ND "D" FELONY VICTIM IS ? VICTIM IS MENTALLY DISABLED / OR INCAPACITATED
CARL 21 Y/O GIVES JILL A ROOFIE AND THEN HAS SEX WITH HER WHILE SHES INCAPACITATED HAS COMMITED WHICH DEGREE OF RAPE ? RAPE 2ND "D" FELONY / VICTIM IS INCAPACITATED
CARL WHO IS 17 HAS SEX WITH HEATHER WHO IS 44 Y/O BUT IS MENTALLY DISABLED. CAN CARL BE CHARGED WITH A CRIME ? YES / RAPE 2ND "D" FELONY / VICTIM IS MENTALLY DISABLED
AN AFFIRMATIVE DEFENSE TO RAPE 2ND IS BASED ON AGE AND THE DEFENDANT IS LESS THAN ____ OLDER THAN VICTIM 4 THIS IS AN AFFIRMATIVE DEFENSE TOP RAPE 2ND
A VICTIM IS 19 Y/O AND IS FORCIBLY RAPED BY A 16 Y/O THE CORRECT CHARGE IS ? RAPE 1ST "B" FELONY THE VICTIM IS FORCIBLY COMPELLED
IF A VICTIM IS FORCIBLY RAPED TH CORRECT DEGREE IS RAPE 1ST "B" FELONY
TINA 17 FORCIBLY RAPES BILL WHO IS 22 WHAT ISTHE CORRECT CHARGE TO FILE AGAINST TINA ? RAPE 1ST "B" FELONY FORCE IS THE KEY AND GENDER DOES NOT MATTER.
TINA 33 Y/O IS A CRIPPLE WHO CANNOT FEEL HER BODY FROM THE NECK DOWN. CARL IS VISITING A FRIEND AND DECIDES THAT TINA IS GIVING HIM HE EYE AND HAS INTERCOURSE WITH HER. CARL DID NOT PHYSICALLY FORCE TINA. WHA WOULDBE THE CORRECT CHARGE. RAPE 1ST "B" FELONY VICTIM IS PHYSICALLY HELPLESS AND CANNOT RESIST.
CARL IS 16 AND HAS INTERCOURSE WITH HIS BROTHERS BABYSITTER WHO IS 10. NO FORCE WAS USED DURING INTERCOURSE. WHAT WOULD THE CORRECT CHARGE BE ? RAPE 1ST "B" FELONY VICTIM IS LESS THAN -11 CANNOT CONSENT
A MALE WHO IS 16 AND HAS SEX WITH AN 9 YEAR WITHOUT FORCE IS GUILY OF WHICH DEGREE OF RAPE ? RAPE 1ST "B" FELONY VICTIM IS LESS THAN -11 CANNOT CONSENT
THE VICTIMS AGE FOR THE CHARGE OF RAPE 1ST "B" FELONY HAS TO BE LESS THAN 11 IF THE VICTIM OF RAPE IS LESS THAN -4 YEARS OLDER THAN IT IS RAPE 2ND ( MUST NOT INVOLVE FORCE )
IF A RAPE VICTIM IS LESS THAN 13 AND VICTIM AND DEFENDANT IS 18+ RAPE 1ST "B" FELONY
OFFENSE ? - occurs when a person engages in sexual intercourse, and/or oral or anal sexual conduct with another person without the latter’s consent. (NYS Class A Misdemeanor SEXUAL MISCONDUCT
OFFENSE ? - occurs when a person intentionally, and for no legitimate purpose, forcibly touches the sexual or other intimate parts for the purpose of degrading or abusing such person; squeezing, grabbing, or pinching. ( A MISD) Forcible Touching (NYS 130.52)
OFFENSE ? - occurs when a person has sexual contact with another person without consent. The offense is elevated by use of forcible compulsion, or when person is incapable of consent by reason of physical helplessness, or -14 ( B, A, Misd D Felony) Sexual Abuse
OFFENSE ? - when finger/ foreign object in the vagina, urethra, penis, rectum inside, who is incapable of consent. Elevated by the use of force, person is physicalY helplessness, mental dsability or incapacitation, or -11. Level is elevated when P.I. Aggravated Sexual Abuse (NYS 130.65-A 66/.67/.70)
OFFENSE ? - occurs when a person engages in intercourse with person who is incapable of consent. Offense is elevated by the use of force , when the person is incapable of consent by physical helplessness, mental disability or incapacitation, or -17. Rape (NYS 130.25/.30/.35)
OFFENSE ? - occurs when a person engages in oral / anal sexual conduct with another who is incapable of consent. Level is elevated by force, or person is incapable of consent by physical helpless, mental disability or incapacitation, or when -17. Criminal Sexual Act (NYS 130.40/.45/.50)
OFFENSE ? a person knowingly and unlawfully possesses a cntrld sub. / compound/ prescrip and gives to without such consent with intent to commit against person conduct a felony sex offenses and commits or attempts to commit such conduct. Facilitated Sex Offense with a Controlled Substance (NYS 130.90)
CAN A 11 Y/O HAVE CONSENSUAL SEX WITH A 10 YEAR OLD ? No one may have sexual intercourse with a child under 11 years old. Hence, an 11-year-old who has sex with a 10-year-old would be guilty of rape in the first degree. That is an unlikely, but possible, scenario.
A 17 Y/O HAS CONSENSUAL SEX WITH A 12 Y/O CAN HE BE CHARGED WITH RAPE ? NO, a 17-Y/O would not be guilty of rape of a 12-year-old if the younger child agreed to the act. The 17-year-old might be guilty of a misd sex off. But if 17Y/O turns 18 before his or her partner turns 14, Then, the sexual relations would be rape.
BOBBY IS 18 AND WANTS TO HAVE SEX WITH SUE WHO IS WILLING BUT IS ONLY 12. EVEN IF SUE IS WILLING IS IT A CRIME ? Yes is it a crime a person age 18+ cannot have sex with a person --13 years old under any circumstance.
Non-forcible sex offenses include sexual conduct with individuals that the law assumes are not capable of giving consent to sexual acts. What are some of the conditions of non_consent ? Statutes will assume that underage -17, physically helpless, and mentally incompetent victims are incapable of giving consent to sexual acts and will not consider consent as a valid defense to the crime.
DEFINITION OF : the penetration of the penis into the vagina, however slight. In other words, if the penis goes into the vagina not in its entirety, that is considered completed "sexual intercourse.” no requirement of physical injury or ejaculation. Sexual Intercourse
DEFINITION OF : does not require any penetration and occurs upon contact between penis and mouth, penis and anus, mouth and anus, or mouth and the vulva Criminal Sexual Act (Oral or Anal Sexual Conduct)
DEFINITION OF : Sexual intercourse and/or criminal sexual act with a person without consent, or with an animal or a dead body Sexual misconduct
DEFINITION OF: Applies to repeat sexual offenders who have been convicted of forcible touching or sexual abuse two or more times within the previous 10 years (jail time does not count towards the 10 yeartime frame). Persistent Sexual Abuse
Aggravated Sexual Abuse : insertion of foreign object ( bottle, broom handle, etc.) with or without injury, or finger, only if it causes injury, in the vagina, penis or rectum without consent. The injury, if any, age of the victim are factors that raise the of the crime.
Promotion or use of sexual performances by a child prosecutable for sexual conduct involving victims under the age of 17 (PL Section 263