In New York the crime of course of sexual conduct against a child in the second degree is defined as engaging in 2 or more sex acts with a child who is less than 11 years old within a period of 3 months, or, if you are at least 18, engaging in 2 or more sex acts with a child who is less than 13 years old within a period of 2 months. Course of sexual conduct against a child in the second degree is a Class D felony. If you are convicted of this crime, the maximum penalty that you could face is 7 years in prison. N.Y. Pen. Law § 130.80. In addition to possibly going to prison for a number of years you will also end up with a criminal record and you will be required to register as a sex offender. Because of the consequences of being convicted of course of sexual conduct against a child as soon as you have been arrested you should contact an experienced Queens Course of Sexual Conduct Against a Child in the Second Degree Lawyer who understands New York criminal law and who will support you and aggressively defend you against the charge.
The purpose of the charge of course of sexual conduct against a child is to punish those who repeatedly sexually assault a child. It is similar to course of sexual conduct against a child in the first degree. While both crimes require that you engage in at least 2 acts of sex conduct with a child in the space of 3 months, the first degree charge requires that the sex acts be sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual conduct. While for a charge of course of sexual conduct against a child in the second degree, the acts of sexual conduct can be any type of sexual contact as long as there are 2 within a 3 month period. The sex acts do not have to be the same. If there is only 1 act of sexual conduct against a child, you could be charged with a different crime such as forcible touching, rape, criminal sexual act, or sexual abuse.
Definition of Sexual ConductThe course of sexual conduct against a child statute defines sexual conduct includes sexual intercourse, oral sex, anal sex, aggravated sexual conduct, or sexual contact. N.Y. Pen. Law § 130.00(10). Sexual intercourse involves a penis penetrating a vagina. Oral sex refers to contact between the mouth and the penis, anus, vulva or vagina. Anal sex refers to contact between the penis and the anus. Sexual contact means touching the sexual or intimate parts of another person for sexual gratification with or without clothes on. It also includes ejaculation on someone else whether that person is clothed or unclothed, but does not have to include ejaculation.
Lack of ConsentAs with any sex crime, lack of consent is an important element to a charge of course of sexual conduct against a child in the second degree. Under the law a child does not have the capacity to consent to sex. As long as the victim was a child under 11 or 13, depending on your age, you will face this charge. You cannot argue that the child agreed to the sex acts.
The Arrest and ArraignmentIf you are arrested for course of sexual conduct against a child in the second degree you will be taken into custody to the local police precinct for initial processing. You will then be locked up in Central Booking where you will remain while the District Attorney's office prepares your case for arraignment. At arraignment the prosecutor will present the criminal complaint against you that will enumerate the charges against you. You may be charged with just course of sexual conduct against a child in the second degree, or you may learn that the prosecutor has added additional charges. While the additional charges may be other sex crimes the prosecutor cannot charge you with course of sexual conduct against a child, and also charge you with additional sex crimes based on sexual contact that occurred in the same 3 month period. The prosecutor can charge you with sex crimes for sexual contact that occurred outside that 3 month period.
Prior to your trial, the prosecutor may offer you a plea deal that will allow you to plead guilty to a lesser crime. The advantage of this is that you will avoid the risk of possibly being convicted of the more serious crime of course of sexual conduct against a child in the second degree and a more harsh sentence. The downside is that any plea agreement will likely require you to plead guilty to a crime, resulting in you having a criminal record and possibly having to register as a sex offender.
SentencingPrison. The maximum sentence for being convicted of course of conduct against a child in the second degree is 7 years in prison as it is a Class D felony. There are additional factors that the court will consider in determining your sentence. If this conviction is your second felony conviction the minimum prison sentence that you will be required to serve is 4 years. N.Y. Pen. Law § 70.06. If you are convicted of other crimes in addition to course of sexual conduct against a child in the second degree your sentence will be more severe than if you are convicted of just one crime. If you are a first time offender the judge will not be required to sentence you to a minimum time in prison. In fact, the judge may even sentence you to probation.
Probation. If you are sentenced to probation it will be for 10 years and comes with several rules that you must follow. The rules vary from person to person and may include: you must not commit a crime, you must have a job, you must support your family, you may be required to submit to random drug testing, you must refrain from associating with disreputable people, you must refrain from patronizing disreputable places, you must refrain from possessing firearms, 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 any condition of your probation, your probation officer will violate you, and a judge may send you to prison.
Sex Offender Registration. Course of sexual conduct against a child in the second degree like all but a few sex crimes is a "registrable" offense. This means that if convicted you will be a registered sex offender. N.Y. Cor. Law § 168. Being a registered offender is very serious and will impact many aspects of your life. You will have to register with law enforcement information such as your name, address, work address, school, photograph, aliases, email address, internet handles, crimes and victim attributes. You will have to regularly verify and update this information. If you move, then you will have to follow the registration and verification requirements of your new jurisdiction. Being a registered sex offender makes it more challenging to find employment, find housing, or even enter your child's school. You will be remain a registered sex offender for at least 20 years.
The consequences of being charged with course of sexual conduct against a child are significant, affecting your future and the futures of your family members. You could end up in prison away from your loved ones for many years. After prison you will have a criminal record and you will be labeled a registered sex offender. For this reason it is important to immediately contact experienced representation as soon as you are accused of course of sexual conduct against a child, or any sex crime. 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 such as course of sexual conduct against a child, statutory rape, child molestation, sexual misconduct, criminal sexual act, 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: