Being charged with a sex crime is not only a frightening legal prospect, but it also comes with the power to ruin a person’s reputation permanently. If you currently stand accused of committing a criminal sexual act of any kind, you need to contact the seasoned Suffolk County sex crime lawyers here at Castro & Trodden, LLC for help.
Sex Crime Lawyers: Defending Your Rights & Reputation
Here at Castro & Trodden, LLC, we believe that everyone is innocent until proven guilty, and we believe that everyone is entitled to a strong defense. By speaking with a dedicated Suffolk County criminal defense lawyer, you drastically increase your chances of a favorable outcome. Fortunately, you are in the right place.
Sex Crimes in New York
New York law classifies a range of offenses as sex crimes, each carrying serious legal consequences. Some of the various sex crimes recognized under New York law are as follows:
- Rape (First, Second, and Third Degree): Non-consensual sexual intercourse through force, coercion, or involving a victim who is incapable of consenting due to age or incapacity.
- Criminal Sexual Act (Sodomy) (First, Second, and Third Degree): Engaging in oral or anal sexual conduct without consent or with a person legally incapable of consent.
- Sexual Misconduct: Engaging in sexual activity without the consent of the other party, including sexual intercourse or deviate sexual conduct.
- Forcible Touching: The intentional and unwanted touching of another person’s intimate parts for sexual gratification or to degrade or abuse.
- Sexual Abuse (First, Second, and Third Degree): Subjecting another person to sexual contact without their consent, with penalties increasing based on the use of force or the victim’s age.
- Aggravated Sexual Abuse: Using an object or instrument to cause injury in a sexual manner, often involving force or a victim incapable of consent.
- Predatory Sexual Assault: Committing a serious sex crime against a child or while using a deadly weapon, often leading to severe penalties.
- Sexual Conduct Against a Child: Engaging in repeated sexual acts with a child under a certain age, leading to heightened penalties for repeat offenses.
- Possession, Promotion, or Distribution of Child Pornography: Possessing, producing, or distributing images or videos depicting minors engaged in sexual activity.
- Failure to Register as a Sex Offender: Failing to comply with New York’s Sex Offender Registration Act (SORA), which requires convicted offenders to register and update their information periodically.
- Sextortion and Internet Sex Crimes: Using threats, blackmail, or coercion over the internet to force someone into sexual acts or the sharing of explicit images.
- Prostitution and Solicitation of a Minor: Engaging in or attempting to engage in a sexual act in exchange for money or other compensation, especially involving minors.
Penalties for Sex Crimes in NYS
Sex crime convictions in New York carry severe consequences, including lengthy prison sentences, mandatory sex offender registration, and life-altering restrictions. The penalties vary based on the severity of the offense, the victim’s age, and whether force or coercion was involved. Below are some of the potential penalties for sex crimes in New York:
- Rape (First Degree): A Class B violent felony, punishable by 5 to 25 years in prison.
- Rape (Second Degree): A Class D felony, carrying a prison sentence of 2 to 7 years.
- Rape (Third Degree): A Class E felony, punishable by up to 4 years in prison.
- Criminal Sexual Act (First Degree): A Class B felony, leading to 5 to 25 years in prison.
- Forcible Touching: A Class A misdemeanor, punishable by up to 1 year in jail.
- Sexual Abuse (First Degree): A Class D felony, carrying a sentence of up to 7 years in prison.
- Aggravated Sexual Abuse (First Degree): A Class B felony, punishable by 5 to 25 years in prison.
- Predatory Sexual Assault: A Class A-II felony, which can result in a life sentence.
- Sexual Conduct Against a Child (First Degree): A Class B felony, punishable by 5 to 25 years in prison.
- Possession of Child Pornography: A Class E felony, leading to up to 4 years in prison.
- Promotion or Distribution of Child Pornography: A Class D felony, carrying up to 7 years in prison.
- Failure to Register as a Sex Offender: A Class E felony (first offense) or Class D felony (subsequent offense), punishable by up to 4 or 7 years in prison, respectively.
Sex Offender Registry in New York State
A conviction for certain sex crimes in New York requires mandatory registration under the Sex Offender Registration Act (SORA). Being placed on the New York State Sex Offender Registry comes with lifelong consequences, including severe restrictions on where you can live, work, and travel. The registry categorizes offenders into three levels based on perceived risk to the community:
- Level 1 (Low Risk): Offenders must register for a minimum of 20 years, unless designated as a lifetime registrant by the court. Their information is not publicly available online but can be accessed through law enforcement agencies.
- Level 2 (Moderate Risk): Offenders are subject to lifetime registration, and their information, including names, addresses, and offenses, is publicly accessible on the New York State Sex Offender Registry website.
- Level 3 (High Risk): Considered the most dangerous offenders, Level 3 registrants must register for life and update their information every 90 days. Their details are publicly available, and they may face the strictest residency and supervision restrictions.
Sex Offender Registry Requirements & Restrictions
Once registered, offenders must comply with strict legal obligations, including:
- Annual Address Verification: Level 1 and 2 offenders must verify their residence once per year, while Level 3 offenders must do so every 90 days.
- Employment and Residency Restrictions: Registered sex offenders may face restrictions on living near schools, playgrounds, or other areas where children are present. Certain employment opportunities may also be prohibited.
- Internet and Social Media Limitations: Some registered offenders, particularly those convicted of crimes involving minors or the internet, may face internet usage restrictions, including bans from social media platforms.
- Failure to Comply: Failing to update registration information, including address changes, school attendance, or employment details, is a felony offense, punishable by additional prison time.
Can You Be Removed from the Sex Offender Registry?
In some cases, a registered offender may petition the court for relief from registration requirements:
- Level 1 offenders (non-lifetime registrants) may be eligible for removal after 20 years of compliance.
- Level 2 offenders may petition for removal after 30 years or seek risk level modification to reduce their classification.
- Level 3 offenders are subject to lifetime registration but may attempt to challenge their risk level through legal proceedings.
Being placed on the Sex Offender Registry can feel like a life sentence in itself. However, an experienced team of sex crime defense lawyers may be able to challenge your designation, advocate for risk level reductions, or petition for removal when eligible. If you are facing sex crime charges or already on the registry, Castro & Trodden, LLC can provide the aggressive legal advocacy you need to protect your future.
Contact Our Long Island Sex Crime Defense Lawyers Today
Don’t face your charges on your own. Castro & Trodden, LLC is here to fight for you. Contact our sex crime defense lawyers today so we can get started working on your case and fighting for the best outcome possible on your behalf. We are on your side, and we will be, every step of the way.
