Along with course of sexual conduct against a child in the second degree, course of sexual conduct in the first degree is offense that seeks to punish those who repeatedly sexually molest children. It is defined as engaging in at least 2 acts of sexual conduct with a child who is less than 11 years old. The specific type of sexual conduct must be sexual intercourse, anal sex, oral sex, or aggravated sexual conduct. You will also face this charge if you are at least 18 years old and you engage in at least 2 acts of sexual conduct with a child who is less than 13 years old. Course of sexual conduct against a child in the first degree is a Class B felony, potentially sending you to prison for 25 years. N.Y. Pen. Law § 130.75. In addition to having to spend a great portion of your life behind bars when you are released you will have a criminal record with a violent felony conviction and you will be a registered sex offender. The best chance of you being able to successfully fight such a charge is for you to be represented by someone with experience. If you have been arrested and charged with course of sexual conduct against a child you should contact an experienced Queens Course of Sexual Conduct Against a Child in the First Degree Lawyer who is familiar with defending clients who have been charged with sex crimes and who will aggressively defend you against the charges.
Have sex with children is one of the most heinous crimes. The crime of course of sexual conduct against a child in the first degree punishes those who commit this crime not just one time, but who show a pattern of repeated sexually assaulting a child over a short period of time. The punishment is must more severe than being charged with a single count of child rape or criminal sexual act.
Definition of Sexual ConductThere are a several different types of sex acts that when performed with a child are considered sexual assault. For purposes of the course of sexual assault state, sexual conduct includes sexual intercourse, oral sexual conduct, anal sexual conduct, aggravated sexual conduct, or sexual contact. N.Y. Pen. Law § 130.00(10). Sexual intercourse involves a penis penetrating a vagina. Oral sexual conduct refers to contact between the mouth and the penis, anus, vulva or vagina. Anal sexual conduct refers to contact between the penis and the anus. Sexual contact means touching the intimate parts of another person for sexual gratification. It also includes ejaculation on someone else whether that person is clothed or unclothed. However, in order to be charged with course of sexual conduct against a child or any other sex crime, ejaculation is not required.
Lack of ConsentWhile a common defense for most sex crimes is that there was consent, under the law a child does not have the legal capacity to consent to any type of sex act. For the purpose of the crime of course of sexual conduct in the first degree, a child is defined as a minor who is less that 11 years old. If you are at least 18 years old, there would have been lack of consent to the sexual conduct if the child was less than 13 years old.
The Arrest and ArraignmentIf you are arrested for course of sexual conduct against a child in the first degree you will be taken into custody at the local precinct. This is the first of several steps in the criminal process. At the local precinct the arresting officer will record personal information such as your name, address, telephone number and social security number. Your fingerprints will be taken and your photograph will be taken. You will then be taken to Central Booking where you will be held until your arraignment. The arraignment is the hearing where you will be formally charged. Even if you are arrested on a charge of course of sexual conduct against a child in the first degree at the arraignment you make find out that the prosecutor has decided to charge you with additional crimes such as rape, criminal sexual act, or criminal sexual abuse. However, the prosecutor will only be able to charge you with additional crimes that involve sexual contact if the incident did not occur within the same 3 month period as the incident on which the charge of course of sexual conduct was based. The prosecutor may also charge you with other crimes that are not sex crimes.
At arraignment the judge will also make a decision on bail. Based on how much of a flight risk you pose, the judge will release you without you having to post bail, require you to post bail, or hold you without bail.
After you are arraigned, there will likely be a number of different hearings and meetings before your case is resolved. Your case can be resolved in a number of different ways. If after further investigation it is determined that there is not a strong case against you, your case may be dismissed. The prosecutor may offer you a deal that would require you to plead guilty to a lesser charge. Your case may go to trial, resulting in a guilty or not guilty verdict.
Prison SentenceThe maximum prison sentence for being convicted of course of conduct against a child in the first degree is 25 years as it is a Class B felony. This charge is also classified as a violent felony offense. This means that if you are convicted of this crime you will face a mandatory minimum sentence of 5 years. There are additional factors that the court will consider in determining your sentence. If this conviction is your second violent felony conviction, the minimum prison sentence that judge will be required to give you is 10 years. N.Y. Pen. Law § 70.04. If you are convicted of other crimes in addition to course of sexual conduct against a child in the first degree your sentence will be more severe than if you were convicted of just one crime.
On the other hand if you are a first time offender you will still be sentenced to at least 5 years in prison. However, if you are able to negotiate a plea deal with the prosecutor such that the charge is reduced to a crime that is not classified as a violent felony, then it is possible that you could be sentenced to a much shorter prison term or even to probation.
Probation SentenceIf your sentence for being convicted of course of sexual conduct against a child in the first degree includes probation the mandatory probation term will be 10 years. While on probation you will be required to follow several strict rules that are meant to help you stay out of trouble. These rules may include: you must not commit a crime, you must have a job, you must refrain from using drugs or drinking alcohol excessively, you must refrain from associating with disreputable people, you must refrain from going to disreputable places, you cannot leave New York State without permission, you will be subject to a curfew, and you must regularly check in with your probation officer. If you break the conditions of your probation a judge may send you to jail.
Sex Offender StatusCourse of sexual conduct against a child in the first degree is a registrable offense under the New York Sex Offender Registration Act. N.Y. Cor. Law § 168. Depending on the level of risk you are determined to pose to the public, you will remain on the registry for 20 years or for the rest of your life. If it is determined that you pose a high risk to the public, your name, photograph and other personal identifying information will be listed in the public sex offender directory so that anyone can go online and find that you are a registered sex offender. All registered sex offenders must verify their addresses with the Division of Criminal Justice Services (DCJS) each year, and must inform the DCJS of a new addresses within 10 days of moving. If you move out of state, you must register as a sex offender under the rules of your new jurisdiction.
Defending any sex offense charge is always complex. Course of sexual conduct against a child in the first degree presents even more complicated issues as it refers to not just one encounter, but multiple encounters. The staff at Stephen Bilkis & Associates, PLLC has years of experience successfully defending clients in New York criminal courts who are accused of sex crimes including course of sexual conduct against a child, child rape, statutory rape, child molestation, forcible touching, sexual abuse, and facilitating a sexual offense with a controlled substance. 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: