Persistent Sexual Abuse: NY Penal Code Section 130.53

by ECL Writer
New York Penal Law Section 130.55: Third-Degree Sexual Abuse

In the state of New York, where the law seeks to shield its residents from harm and preserve the sanctity of personal boundaries, one finds a crucial legal provision that addresses a deeply distressing issue: Persistent Sexual Abuse. Nestled within the New York Penal Code, Section 130.53 stands as a formidable barrier against a reprehensible violation of trust and consent.

Persistent Sexual Abuse, as defined by NY Penal Code Section 130.53, is a legal term fraught with gravity. It encompasses a series of deeply distressing actions that shatter the boundaries of consent and dignity. This statute is pivotal in safeguarding individuals from prolonged, unwanted sexual advances, ensuring that justice prevails for those who have suffered in silence.

In this comprehensive article, eastcoastlaws.com embark on a journey through the intricate maze of NY Penal Code Section 130.53: Persistent Sexual Abuse. We explore its legal definitions, penalties, and the broader implications it carries within the state’s legal landscape. Whether you’re a legal enthusiast, a concerned citizen, or someone seeking insight into New York’s legal safeguards, this exposé will provide a profound understanding of this essential aspect of the state’s legal framework.

Example Of Persistent Sexual Abuse in New York

On a train platform, a man grabs the buttocks of a stranger. He was found guilty of coercive touching. The same man kisses a 13-year-old girl on the lips and rubs her breasts four years later. He was found guilty of third-degree sexual abuse.

Three years later, on a metro platform, the same man grabbed a stranger’s buttocks once more. Since the guy had already been found guilty of forceful touching and sexual abuse in the third degree, the prosecutor could prosecute him with felony persistent sexual abuse after this occurrence.

Defences Of Persistent Sexual Abuse in New York

A defence strategy for a course of persistent sexual abuse charge involves contesting the underlying criminal allegations. Since lack of consent is a critical element in charges like forcible touching or sexual abuse in the second or third degree, demonstrating that the other party gave their consent becomes a viable defence. In such a scenario, prosecuting you for persistent sexual abuse becomes challenging for the prosecutor.

For a charge of forcible touching, it’s crucial to establish intent. If you can prove that your touching was accidental and lacked the necessary intent, then a charge of forcible touching would not be substantiated. It’s worth noting that incidents of forcible touching often occur in crowded environments such as bars or parties, making it possible for the victim to misidentify you as the perpetrator. Mistaken identity can thus constitute a valid defence.

New York sentence for persistent sexual abuse

As a class E felony, repeated sexual abuse carries a potential punishment of up to 4 years in prison. If this is your first felony violation, the judge can give you a sentence that is much shorter than 4 years in prison. You can even receive a 10-year probationary period from the judge.

After serving a prison sentence or receiving a probationary period, the repercussions of a conviction for repeated sexual abuse continue. Like the majority of other sex offences, persistent sexual abuse is a “registrable” violation. According to New York Correction Law 168, generally known as the Sex Offender Registration Act (SORA), you will be considered a registered sex offender if you are found guilty. Between 20 years and the remainder of your life, you will be required to register.

New York Penal Code § 130.53: Persistent Sexual Abuse

A person can be found guilty of persistent sexual abuse if they commit any of the following crimes: forcible touching, as outlined in § 130.52 of this article, sexual abuse in the third degree, as defined in § 130.55 of this article, or sexual abuse in the second degree, as defined in § 130.60 of this article. Additionally, within the past ten years (excluding any time spent incarcerated for any reason), the person must have been convicted two or more times, in separate criminal incidents where sentences were imposed on separate occasions, for any of the following offences: forcible touching, as defined in § 130.52 of this article, sexual abuse in the third degree as defined in § 130.55 of this article, sexual abuse in the second degree, as defined in § 130.60 of this article, or any other offence defined in this article, the commission or attempted commission of which is a felony.

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