CJI2d[NY] FORMER CHARGES
PENAL LAW FORMER ARTICLE 130
Sex Offenses
|
NOTICE
The provisions of Penal Law article 130
underwent significant amendments
in 2001 and 2003.
Listed below are
the
charges applicable to
Penal Law article 130 as it existed on or after the date specified in
the charge and prior to February 1, 2001.
|
| OFFENSE | PENAL LAW | DESCRIPTION | WORD PERFECT |
ADOBE (PDF) |
| SEXUAL MISCONDUCT | 130.20(1) | Sexual
Intercourse; Forcible Compulsion |
WP | |
| 130.20(1) | Sexual
Intercourse; Incapacity to Consent |
WP | ||
| 130.20(2) | Deviate Sexual Intercourse; Forcible Compulsion |
WP | ||
| 130.20(2) | Deviate Sexual Intercourse; Incapacity to Consent | WP | ||
| 130.20(3) | No charge Prepared | |||
| RAPE 3 |
130.25(1) | Incapacity to Consent: Mental Disability or Incapacity, or Physical Helplessness | WP | |
| 130.25(2) | Defendant
21 or More; Complainant Less than 17 |
WP | ||
| RAPE 2 | 130.30(1) | Defendant
18 or More; Complainant Less than 15 |
WP | |
| RAPE 1 | 130.35(1) | Forcible Compulsion | WP | |
| 130.35(2) | Physical Helplessness | WP | ||
| 130.35(3) | Complainant
Less Than 11 |
WP | ||
| SODOMY 3 | 130.40(1) | Incapacity to Consent; Mentally Defective, Mentally Incapacitated, or Physical Helplessness | WP | |
| 130.40(2) | Defendant
21 or More; Complainant Less than 17 |
WP | ||
| SODOMY 2 |
130.45(1) | Defendant
18 or More; Complainant Less than 15 |
WP | |
| SODOMY 1 |
130.50(1) | Forcible Compulsion | WP | |
| 130.50(2) | Physical Helplessness | WP | ||
| 130.50(3) | Complainant
Less Than 11 |
WP | ||
| SEXUAL ABUSE 3 | 130.55 | Forcible Compulsion | WP | |
| 130.55 | Incapacity to Consent | WP | ||
| 130.55 | No Acquiescence | WP | ||
| SEXUAL
ABUSE 2 |
130.60(1) | Incapacity to Consent Other Than By Age | WP | |
| 130.60(2) | Complainant
Less Than 14 |
WP | ||
| SEXUAL
ABUSE 1 |
130.65(1) | Forcible Compulsion | WP | |
| 130.65(2) | Physical Helplessness | WP | ||
| 130.65(3) | Complainant
Less Than 11 |
WP | ||
| AGGRAVATED SEXUAL ABUSE 2 | 130.67(1)(a) | Inserts a Finger; Forcible Compulsion | WP | |
| 130.67(1)(b) | Inserts a Finger; Complainant Physically Helpless | WP | ||
| 130.67(1)(c) | Inserts a Finger; Complainant Less Than 11 | WP | ||
| AGGRAVATED SEXUAL ABUSE 1 | 130.70(1)(a) | Inserts
a Foreign Object; Forcible Compulsion |
WP | |
| 130.70(1)(b) | Inserts
a Foreign Object; Physical Helplessness |
WP | ||
| 130.70(1)(c) | Inserts
a Foreign Object; Complainant Less Than 11 |
WP | ||
| COURSE
OF
SEXUAL CONDUCT AGAINST A CHILD 1 |
130.75 (1)(a) | - | WP | |
| 130.75(1)(b) | - | |||
| COURSE
OF
SEXUAL CONDUCT AGAINST A CHILD 2 |
130.80(1)(a) | - | WP | |
| 130.80(1)(b) | - | |||
| FEMALE
GENITAL MUTILATION |
130.85(1)(a) | - | WP | |
| 130.85(1)(b) | - | WP | ||
ADDITIONAL CHARGES |
||||
| AFFIRMATIVE DEFENSE | ||||
| Lack
of Knowledge of Incapacity to Consent |
130.10(1) | - | WP | |
| CORROBORATION | 130.16 | - | WP | |