What is First Degree Criminal Sexual Misconduct?
The criminal sexual conduct code in New York State is very specific in how it defines the various degrees of criminal conduct. Most people think that only lawyers should understand criminal codes, but that is not true. Business owners, managers, supervisors, and a wide variety of people in positions of authority should be familiar with what constitute criminal sexual conduct in the first degree.
First Degree Criminal Sexual Misconduct
Criminal sexual conduct in the first degree is classified as a class B felony, which makes it a very serious charge. The punishment for this level of felony is five to 25 years in prison, which could also be accompanied by court fees and other fines. When the felon has served their time and are released, they may have to register as a sex offender in the areas where they are allowed to live.
The law on criminal sexual conduct in the first degree deals with unwanted oral and anal sexual penetration. There are other laws that cover unwanted vaginal penetration and the other various forms of sexual misconduct.
Sex with Minors
In one of the statutes of criminal sexual misconduct in the first degree, a person who is 18 years of age and older can be charged with a class B felony if they engage in oral or anal sexual conduct with a person who is less than 13 years of age. Another part of the law states that any offender of any age can be charged with first degree criminal sexual misconduct if they have oral or anal sex with anyone younger than 11 years of age.
Physically Disabled or Helpless Victim
A person can be charged with first degree criminal sexual misconduct when they engage in oral or anal sexual activity with a person who is physically unable to give consent. This could mean a person who is unconscious, restrained so that they cannot move, or someone who is unable to move or communicate.
Sex by Force
In its simplest form, criminal sexual misconduct in the first degree applies to any situation where a person uses force to perform an oral or anal sexual act on another person.
If you have been a victim of criminal sexual misconduct, after you have spoken with the District Attorney, we would encourage you to contact our compassionate attorneys today. We will listen to your story and give your situation the respect and attention it deserves. Our sexual harassment lawyers are ready to be your legal team in the fight to help you recover from this traumatic event.