Course of Sexual Conduct Against a Child in the Second Degree: New York Penal Code § 130.80

Course of sexual conduct against a child of the second degree is a felony Class D offense and, according to New York Penal Code § 130.80, it applies to a person who engages in at least two sexual contacts with a child who is under eleven years of age over a period of more than three months. This section of the penal code also applies to a person who is eighteen years of age and older and who engaged in at least two sexual contacts with a child who is under thirteen years of age. The sexual acts that apply in this code are sexual conduct other than: sexual intercourse, oral sex, anal sex, or aggravated sexual contact, which are the subject of New York Penal Code § 130.75. New York Penal Code section § 130.00(3) defines “sexual contact” as touching another person’s intimate parts for sexual gratification. New York Penal Code § 130.80 and § 130.75 are intended to punish people who repeatedly molest children sexually.

Hypothetical Case

Suppose that an adult man who was the boyfriend of the mother of a nine year old girl babysat the daughter occasionally. When he babysat, he gave the young girl a bath. While the boyfriend was giving the girl a bath, for his personal sexual pleasure, he rubbed her vaginal area with his fingers. The girl felt uncomfortable and after several months of this sexual touching, she told her mother about the encounters. The mother, in turn, called the authorities. The boyfriend could be charged with course of sexual conduct against a child of the second degree. Even though the boyfriend did not engage in sexual intercourse, anal sex, or oral sex, he did have sexual contact with a child who is younger than eleven years of age over a span of several months.

Possible Defenses

Age of the child. If it can be shown that the child was older than thirteen years of age at the time of the sexual contacts, then the charge might be reconsidered.

Disagreement about the incidents. If the boyfriend can make a case against having any sexual contact with the girl, then the charge must be re-evaluated and possibly dismissed.

Other lines of defense. Understanding the intricacies of the relationship between the boyfriend and the girl, and linking them together in a plausible manner that makes a strong case to support the innocence of the defendant or leads to doubt about the charge are the tasks of a skilled defense attorney, who in this case, will pull evidence together to keep the defendant out of prison for the charge of course of sexual conduct against a child of the second degree.

Possible Sentence

Imprisonment. A person convicted of course of sexual conduct against a child of the second degree may be sentenced up to seven years of imprisonment, as a felony Class D offense.

Registration as a sex offender. Section 168 of the Sex Offender Registration Act of the New York Correction Law requires a person convicted of course of sexual conduct against a child of the second degree register as a sex offender for at least twenty years. The person convicted for course of sexual conduct against a child of the second degree must comply with the registration requirements.

NY Penal Code § 130.80: Course of Sexual Conduct Against a Child of the Second Degree

The types of sexual conduct that are at play in this code are sexual contacts and not sexual intercourse, oral sex, anal sex, or aggravated sexual contact. New York Penal Code § 130.80 was designed to deter and punish people who repeatedly molest young children with sexual contacts.

To reiterate, a person may be prosecuted for course of sexual conduct against a child of the second degree if:

  1. Over a period of more than three months, an adult engages in at least two sexual contacts with a child who is under eleven years of age; or
  2. A person who is at least eighteen years of age has engaged in at least two sexual contacts with a child who is under thirteen years of age.
Course of Sexual Conduct Against a Child of the Second Degree Lawyer

If you are charged with course of sexual conduct against a child of the second degree, it is imperative that you seek legal counsel from a skilled and knowledgeable attorney firm that is proven and successful in defending individuals charged with misdemeanor and felony sex crimes. Misdemeanor and felony sex crimes fall under a complicated set of laws. Defending against a sex offense can be the most complicated area of the law you may face.

An individual who is convicted of course of sexual conduct against a child of the second degree faces the possibility of a long jail sentence, also there is a required registration as a sex offender; both penalties are damaging to people’s reputations and lives. Because of these harmful effects, it is critical that a person charged with course of sexual conduct against a child of the second degree employ the services of an effective defense law firm that knows what it takes to chart a course in this area of the law.

Elliott Adler PC is a formidable attorney firm that has successfully defended clients accused of misdemeanor and felony sex crimes in the state of New York, defending against such charges as course of sexual conduct against a child of the second degree, forcible touching, using a controlled substance to facilitate a sex crime, raping a person, molesting a child, engaging in a criminal sexual act, assaulting a person sexually, and committing other sex crimes.

We can be reached at (212) 785-1300 or http://www.newyorkcriminallawyer24-7.com to schedule a no-obligation, free legal consultative meeting to evaluate your case.

Related Offenses

For additional information, refer to the following sections of the New York Penal Code:

  1. Third degree aggravated sexual abuse: § 130.66
  2. Second degree aggravated sexual abuse: § 130.67
  3. First degree aggravated sexual abuse: § 130.70
  4. First degree rape: § 130.35
  5. First degree criminal sexual act: § 130.50