Here in Buffalo, NY, it's our job as criminal defense attorneys to help you understand criminal defense and how the laws work when it comes time for us to defend you. Our goal with these blogs is not to scare you, but to educate you. Not only does it help you, but it also helps us even more knowing that you can make our job easier. Today's topic of conversation revolves around sex crimes, particularly underage sex offenses, in the state of New York.

In this blog, we will run through what the penalties are for underage sex offenses in New York State, the laws around them, and how they connect.

The Penalties in New York State for Sex Offenses

A person is guilty of predatory sexual assault when he or she commits the crime of rape in the first degree.

The crime of aggravated sexual abuse in the first degree, or course of sexual conduct against a child in the first degree, as defined by the state, is when a person causes serious physical injury to the victim of such crime, or threatens the immediate use of a dangerous instrument. Those two instances are done in the course of the commission of the crime or the immediate flight therefrom. 

Another instance is when a person has engaged in conduct constituting the crime of rape in the first degree, the crime of aggravated sexual abuse in the first degree, or course of sexual conduct against a child in the first degree, and also when it is done against one or more people. 

When you compare this to predatory sexual assault against a child, a person is guilty of predatory sexual assault against a child when, being eighteen years old or more, they commit the crime of rape in the first degree. The crime of aggravated sexual abuse is sentenced in the first degree, or course of sexual conduct against a child in the first degree, and the victim is less than thirteen years old, also constitutes a crime.

Both instances of predatory sexual assault constitute a class A-II felony, which means these offenses carry a minimum sentence of at least three years and can result in a sentence of up to 40 years to life in prison, depending on the specific crime and circumstances.

Solicitation and Sexual Abuse for Underage Crimes

It's important to run through some of these other different forms of sex crimes, like solicitation and sexual abuse, and explain how they work concerning people who are underage and how they both have a connection to each other. 

The answer to the question of whether they can connect is yes, and New York state law works within that connection. As we talked about on our sex crimes page, “Solicitation of a child constitutes the attempt to persuade a child to meet up with an adult that they do not know for sexual purposes. This often involves the internet and social media sites.” 

In New York State, a solicitation offense is a misdemeanor (a criminal offense that is less serious than a felony, punishable by up to one year in jail or a $1,000 fine). It is possible that it can be elevated to a felony under certain circumstances, one of which is related to activities with a minor: Aggravated Patronizing of a Minor for Prostitution.

It would be elevated to a Class E felony, punishable by up to four years in prison and more if the minor was younger than they are, based on what the law outlines. 

Legally speaking, it is possible to tie solicitation in with sexual abuse. Solicitation would eventually lead to abuse, especially when the minor is unable to consent to either. If you're under the age of 17, you're not able to legally consent to any form of sexual activity.

When something like this happens, that's how sexual abuse ties in. “Any adult (over 18) who has sex with a child under 17 can be charged with statutory rape. However, the individual accused of the crime must know that the person is underage, or the prosecution will fail.” (Sex Crimes) 

If you're looking for how federal and state statutes criminalize it, they both share the same specifics. The enticement or online solicitation of a minor for illegal sexual activity is carried through in both federal and state statutes, especially related to endangering the welfare of a child or attempting to commit sexual abuse.

The way we like to end these blogs is by reassuring you that all of this is for the intent to help you and allow you to learn more about the law, so that it can help everyone in the legal defense. We know these conversations can be uncomfortable, and most importantly, one of our mottos is that we will never judge or look at you funny based on the facts of the case. We seek to understand and help you.

As we outline on our contact page, the best way to get in touch with us is by giving us a call or reaching out through our contact form with ANY questions you may have. 

DISCLAIMER: PAST RESULTS DO NOT GUARANTEE FUTURE RESULTS. THIS BLOG POST IS NOT LEGAL ADVICE, DANIEL DUBOIS AND/OR ANY DUBOIS LAW ATTORNEY(S) ARE NOT YOUR ATTORNEY(S) UNLESS RETAINED. INFORMATION SHARED HERE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. EACH CASE IS UNIQUE AND IS DECIDED BASED ON ITS OWN FACTS AND MERITS AND CANNOT BE COMPARED TO OTHER CASES WHICH MAY HAVE HAD DIFFERENT FACTS AND CIRCUMSTANCES.