"Child molestation" is a phrase used to describe a sex crime where a minor is the victim. In the New York criminal code there are over 20 sex crimes. Child molestation could refer to misdemeanors such as public lewdness or forcible touching. It could also refer to sex crimes that are felonies such as rape, criminal sexual act, sexual abuse, sexual misconduct, course of sexual conduct against a child, or predatory sexual assault. For purposes of sex crimes, a child or minor is defined as a person who is under the age of 17. With a few exceptions, under the law such a person does not have the ability to consent to sex. Thus, if you engage in a sex act with a child, even if the child appears to have consented or even if the child initiated the act, you will have committed child molestation and could face serious criminal charges. If convicted, not only will you face the possibility of spending several years in prison, you will end up with a criminal record and you will be required to register as a sex offender. However, just because you have been accused of molesting a child does not mean that you will be convicted of the charge as there are defenses to a charge of child molestation. Therefore, if you have been accused of engaging in a sex act with a child, it is important that you should immediately contact an experienced Nassau County Child Molestation Lawyer who will review the facts of your case and aggressively defend you from the beginning of your case until it is resolved.
There are several crimes that could form the basis of a child molestation crime.
There are two statutory defenses that apply to most child molestation charges: the Romeo and Juliet defense and the marriage defense.
Romeo and Juliet Defense. Most sex crime statutes specifically carve out exceptions to the applicability of the statute where the adult and minor involved in the sex act are close in age and the sex is otherwise consensual. This so-called Romeo and Juliet exception is meant to protect such people from being charged with certain sex crimes, even though at least one of the people involved is a minor. The Romeo and Juliet exception is not relevant if you have sex with a minor by using physical force, the threat of death, injury or kidnapping, or if the minor is physically helpless, mentally disabled or mentally incapacitated.
Marriage defense. In cases where you and the child are legally married and the child molestation charge is based on lack of consent due to age, the marriage defense would apply as a valid defense against a charge of child molestation. N.Y. Pen. Law § 130.10. Like the Romeo and Juliet defense, the marriage defense will not shield you from prosecution if you have sex with a minor by using physical force, the threat of death, injury or kidnapping, or if the minor is physically helpless, mentally disabled or mentally incapacitated.
Consequences of a child molestation convictionThe consequences of being convicted of a child molestation sex crime include prison, probation, a fine, and restitution. You also may be required to register as a sex offender and you will have a permanent criminal record.
Prison. If you are convicted of a misdemeanor sex crime, the maximum sentence of incarceration that you could receive is 1 year in the county jail. If you are convicted of a felony sex crime, depending on whether the crime is a Class E, D, C, B or A-II felony, your prison sentence could be anywhere from 1 year to life. In addition to the classification of the crime, your prison sentence will depend largely on the aggravating factor of whether you have been convicted of any felonies within the last 10 years. If you do have a prior conviction, you will be sentenced to more time in prison then if this is your first offense.
Probation and Post-Release Supervision. Particularly if you are convicted of a misdemeanor and it is your first offense, all or part of your sentence may be probation. As a type of community supervision probation comes with a number of rules and restrictions that you will be required to follow or risk being sent to prison. N.Y. Pen. Law § 65.10. The rules are that you must:
N.Y. Pen. Law § 65.10.
After serving the majority of your prison time you may have to serve a period of post-release supervision as part of your sentence. Post-release supervision is similar to probation. You will be required to follow rules that are similar to probation rules. You will be supervised by the Division of Parole.
If you violate any of the terms of your probation or post-release supervision, you would be sent to jail.
Financial consequences. In addition to being sent to prison, as part of your sentence the judge may order you to pay fines, fees, and restitution. For a felony the fine would be up to $5,000, while for a misdemeanor offense the fine would be up to $1,000. Fees include a "mandatory surcharge" of $175-$300 as well as a victim assistance fee of $25. N.Y. Pen. Law § 60.35. If your sentence includes probation you will be required to pay a monthly supervision fee of $30. There are also fees associated with sex offender registration.
The amount of restitution you may be ordered to pay will be based on the losses suffered by the victim such as medical bills. Generally, the maximum amount of restitution is $10,000 for a misdemeanor and $15,000 for a felony. Furthermore, you will also have to pay a fee to the company charged with collecting the restitution from you.
Failure to pay a fine, fee or restitution may result in you being charged with yet another crime that could mean a year in prison. However, the court may lower the amount of restitution or modify payment terms if you show the court an inability to pay.
Long-Term Consequences. Being convicted of a sex crime will result in you having a criminal record. While your prison sentence, probation term and post-release supervision term will all end, and you will be able to eventually pay off your financial obligations, a criminal record will remain with you for the rest of your life. Here are a few ways that having a criminal record will impact your life:
Sex Offender Registration. If you are convicted of most child molestation charges, you will have to register as a sex offender under the Sex Offender Registration Act (SORA). SORA requires offenders who are convicted of registrable offenses to register with a designated law enforcement agency details such as name, home address, photograph and online indentifying information such as email address and screen names. This information be put into a special database. You will have to regularly verify and update this information. In some cases your sex offender registration information will be available to the public. Under SORA you will have to register for at least 20 years and perhaps for the rest of your life.
Since the mere accusation of child molestation could damage your personal and professional reputations, if you are facing a sex crime charge based on accusations of child molestation you should immediately consult an experienced Nassau County Child Molestation Lawyer. The staff at Stephen Bilkis & Associates, PLLC has years of experience successfully representing clients in New York criminal courts who were accused of child molestation, statutory rape, child sexual assault, sex with a minor, public lewdness, indecent exposure, endangering the welfare of a child as well as other serious crimes. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of sex crimes in the following locations: