The state of New York recognizes a variety of sex offenses ranging in severity from Misdemeanor to Felony. If you or a loved one has been charged with committing a sex offense, you need an attorney who can be compassionate — and aggressive. Dietrich P. Epperson is familiar with the New York court system, and knows how to get decisive results for you.
Being charged with a sex offense can leave a stubborn stain on your name and your future. If you are admitted into the Public Registry of Sex Offenders, your name, face, address, conviction charges, and other details become accessible to anyone and everyone who wants to check. That includes friends, neighbors, and employers. Don’t leave the way you’ll be perceived for the rest of your life to chance — contact Dietrich P. Epperson for a New York City sex offense attorney right away. Call today at (347) 561-0025 for a free consultation. Find out what Dietrich P. Epperson can do for you.
Common Types of Sex Offenses
In New York, sex offenses are dealt with by Article 130 of New York Penal Law. While there are many different types of sex offenses covered therein, some of the most common offenses are rape, sexual abuse, and sexual conduct against a child. All of these crimes, and others included in Article 30, carry differing degrees of severity along the legal spectrum, ranging from Class B Misdemeanor to Class A Felony.
Under Article 130 of New York Penal Law, rape is broken down into three legal categories differentiated by severity. Rape in the Third Degree is an E Felony; Rape in the Second Degree is a D Felony; and Rape in the First Degree is a B Felony. Additionally, Rape in the First and Second Degrees are classified under Article 70 of New York Penal Law as violent Felony offenses. This means that punishment is harsher than it would be for a non-violent offense. Rape in the First Degree is punishable by five to 25 years in prison, and two to seven years in prison in the Second Degree.
As with rape, sexual abuse is classified by degree, ranging from Third to First, with an additional charge type referred to as Persistent Sexual Abuse where the frequency of aforementioned abuses is two or more times in the past ten years. Sexual abuse entails any unwanted sexual contact not consented to by the victim. The severity of the abuse increases as the age of the victim decreases. Aggravated sexual abuse entails insertion of foreign objects into the mouth, anus, urethra, vagina, or rectum of the victim, and degrees of criminal severity increase where the victim is underage, or mentally or physically impaired or incapacitated, or where physical injury is caused.
Sexual Conduct Against a Child
Article 130 determines that a course of sexual conduct against a child is a Class B or D Felony depending upon the degree of the crime (respectively First and Third). The legal requirements for Third and First Degree sexual conduct against a child are that, during a period at least three months in duration, an individual engages in two or more acts of sexual conduct with a child under eleven years of age.
The Public Registry of Sex Offenders
In New York, there is a long list of sex offenses that can land an individual on the Public Registry of Sex Offenders. If a person has been convicted of carrying out (or attempting to carry out) one or more of these offenses since January 21, 1996, they must register on the list by law. If you are entered onto the Public Registry of Sex Offenders, there will be long-lasting consequences.
First of all, it is not a record that will go away quickly or easily — even offenders who are classified as Level 1, or low risk, stay on the Register for a full 20 years. Level 2 and 3 offenders (respectively classified as moderate and high risk) are on the Register for life. Offenders must notify the New York Department of Criminal Justice Services (DCJS) if they move out of state, report their address on an annual basis, and have police photographs taken on a regular basis. If an offender fails to comply with the DCJS requirements for registered sex offenders, they can be charged with a Class E or D Felony, which alone is punishable by large fees and jail time. Sex offenders are often legally passed over by employers, making steady earning difficult if not impossible.
If you are facing allegations of a sex crime, there could be grave consequences, both socially and financially. You need the highest quality representation to protect your rights and your image. Contact Dietrich P. Epperson right away to discuss your legal options.