If you give another person drugs without that person's knowledge and then have sex or attempt to have sex with that person, then you would have committed the sex crime of facilitating a sexual offense with a controlled substance. N.Y. Pen. Law § 130.90. Because this crime is considered by society and law enforcement to be a particularly serious offense, it is classified as a Class D felony. If you are convicted the judge may sentence you to as much as 7 years in prison. Furthermore, you may face other charges including drug possession. Because of the gravity of a charge of facilitating a sexual offense with a controlled substance it is important that you act quickly and contact an experienced Queens Facilitating a Sexual Offense with a Controlled Substance Lawyer who will explain to you your legal options and who will defend you through each stage of your criminal case.
The facilitating a sexual offense with a controlled substance statute, prohibits giving someone else a wide range of drugs, including opiates, hallucinogenic substances, illegally obtained prescription drugs, depressants and stimulants such as methamphetamine, codeine, heroin, morphine, oxycodone, cocaine, and methadone. N.Y. Pen. Law § 220.00. For example, in People v. Blackwood, 108 A.D.3d 163 (2013), the defendant faced this charge after putting ecstasy into the victim's drink, while in People v. Stahl, 32 Misc.3d 1202(A) (2011), the defendant gave the victim the prescription drug Xanax.
Types of Sex OffensesTo be charged with facilitating a sexual offense with a controlled substance it is not necessary that a sexual act is completed. It is only necessary that you attempted to commit a sex act. The sex crime that you commit or attempt to commit can include rape, criminal sexual act, sexual abuse, aggravated sexual abuse, course of sexual conduct against a child, female genital mutilation, predatory sexual assault, or predatory sexual assault against a child. Each of these crimes are felonies.
Under New York law rape involves having sexual intercourse without the consent of the other person. N.Y. Pen. Law § 130.05. There are 3 different rape offenses. The more severe the rape charge, the greater the penalty. Rape in the third degree is the least severe charge. It involves engaging in sexual intercourse with another person who cannot consent or is less than 17 years old. It is a class E felony. N.Y. Pen. Law § 130.25. You will be charged with rape in the second degree if the victim is mentally disabled or mentally incapacitated. If you are at least 18 years old you will face a third degree rape charge if you have sexual intercourse with a child who is 15 years old or younger. It is a class D felony. N.Y. Pen. Law § 130.30. Rape in the first degree is the most serious rape charge and involves forcibly having sexual intercourse with another person, or having sexual intercourse with a child who is age 11 or younger. If you are at least 18 years old have sexual intercourse with a child who is less than 13 years old, you will can be charged with rape in the first degree.
Criminal sexual act in the first, second, or third degree can also be the basis of a charge of facilitating a sexual offense with a controlled substance. The crime of criminal sexual act is different from rape in that rape involves sexual intercourse where the penis penetrates the vagina, while criminal sexual act involves oral sex or anal sex. The different degrees of severity are based on the facts related to the victim, including his or her age. It can be a Class E, D, or B felony. N.Y. Pen. Law §§ 130.40, 130.45, 130.50. The prosecutor will charge you with aggravated sexual abuse if you insert a finger or a foreign object into the vagina, urethra, penis, rectum or anus of another person. Depending on the age and other circumstances of the victim, aggravated sexual abuse can be a Class E, D, C or B felony. N.Y. Pen. Law §§ 130.65-a, 130.66, 130.67, 130.77
You will be charged with course of sexual conduct against a child in the first or second degree if you repeatedly have sex with a child over the course of a 3-month period. N.Y. Pen. Law §§ 130.75, 130.80. Female genital mutilation is somewhat different from other sex crimes as it typically does not involve the defendant seeking sexual gratification from the victim. It is a cultural rite that involves cutting off all or a portion of a female child's genitals. N.Y. Pen. Law § 130.85. It is a Class E felony.
If in the process of committing rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, or course of sexual conduct against a child in the first degree you use a dangerous weapon or seriously injure the victim, you will be charged with predatory sexual assault, a Class A-II felony. N.Y. Pen. Law §§ 130.95, 130.96
In addition to being charged with sex crimes, if you are charged with facilitating a sexual offense with a controlled substance the prosecutor may conclude that it is also appropriate to charge you with a drug crime such as criminal possession of a controlled substance, criminally possessing a hypodermic instrument, or criminally using drug paraphernalia in the second degree. N.Y. Pen. Law § 220
Criminal possession of a controlled substance in the seventh degree is the minimum possession of controlled substance charge that you are likely to face. It is a Class A misdemeanor and involves knowingly and unlawfully possessing a controlled substance. The drug possession charge could be more severe depending on the amount of the drug you are found with, the type of drug, or if the prosecutor concludes that you also had the intent to sell the drugs. The charge will be criminal possession of a controlled substance in the fifth degree if your intention was to sell the drugs. You may also be charged with criminal possession in the fifth degree if you are caught with specified minimum amounts of a narcotic drug, cocaine, ketamine, PCP, or GHB. N.Y. Pen Law § 220.06. It is a Class D felony. Other criminal possession of controlled substance charges include fourth degree through first degree, with criminal possession in the first degree being the most serious drug possession charge and involves having 8 ounces of a narcotic or 5,760 milligrams of methadone with the intent to sell it. It is a Class A-1 felony.
Other drug charges that you could face include criminally possessing a hypodermic instrument and criminally using drug paraphernalia in the second degree. Criminally possessing of a hypodermic instrument involves knowingly and unlawfully possessing a hypodermic needle or syringe. It is a Class A misdemeanor. Criminally using drug paraphernalia in the second degree involves having materials used to dilute drugs, gelatin capsules, glassine envelopes, or any other material that is used for packaging individual quantities of drugs, or if you have scales used to weigh or measure controlled substances. This is a Class A misdemeanor. If this is your second offense, then you will be charged with criminally using drug paraphernalia in the first degree, a Class D felony.
Because it is a Class D felony, if you are convicted of facilitating a sexual offense with a controlled substance are felonies, you will face a maximum of 7 years in prison. However, if you also charged with another sex crime or a drug crime your sentence could be significantly more severe.
Once you complete your prison sentence the punishment for your crimes will continue. You may have probation time to serve. While you are on probation your actions will be severely restricted and monitored. You will also have a criminal record that will make finding a job. Most employers will perform a criminal background check and may conclude that your criminal background is incompatible with the job you are seeking.
Even worse than having a criminal record is that once you are convicted of a sex crime you will be a registered sex offender under the New York Sex Offender Registration Act. N.Y. Cor. Law § 168. You will have to follow the registration and verification rules for at least 20 years. In some cases, you will be required to remain on the sex offender registry for the rest of your life. As a registered sex offender you will have to inform law enforcement if you move out of New York State, report your address each year, regularly verify other personal information and allow the police to photograph you on a regular basis. If you do not follow these rules, you can be arrested and charged with a felony that could result in jail or prison time. Not only is it difficult for registered sex offenders to find employment, it is also difficult for them to rent an apartment. In some cases registered sex offenders are not allowed to enter school property.
The consequences of being convicted of facilitating a sexual offense with a controlled substance as well as any other sex or drug crime are devastating. The rest of your life will be impacted as will be the lives of your loved ones. Thus, it is important to seek experienced representation to help you fight such charges. 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 and drug crimes such as facilitating a sexual offense with a controlled substance and criminal possession of 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: