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 here are the charges applicable to Penal Law article 130 as it existed on or after February 1, 2001 and prior to November 1, 2003. |
| 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 Other than Age, Mental Disability or Incapacity, or Physical Helplessness | WP | |
| 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 | ||
| 130.25(3) | Lack of Consent - Totality of Circumstances | WP | ||
| RAPE 2 | 130.30(1) | Defendant
18 or More; Complainant Less than 15 |
WP | |
| 130.30(2) | Incapable of Consent - Mentally Disabled or Incapacitated | WP | ||
| RAPE 1 | 130.35(1) | Forcible Compulsion | WP | |
| 130.35(2) | Physical Helplessness | WP | ||
| 130.35(3) | Complainant
Less Than 11 |
WP | ||
| 130.35(4) | Complainant
Less Than 13; Defendant 18 or More |
WP | ||
| SODOMY 3 |
130.40(1) | Incapacity to Consent Other than Age, Mental Disability or Incapacity, or Physical Helplessness | WP | |
| 130.40(1) | Incapacity to Consent; Mental Disability or Incapacity, or Physical Helplessness | WP | ||
| 130.40(2) | Defendant
21 or More; Complainant Less than 17 |
WP | ||
| 130.40(3) | Lack
of Consent - Totality of Circumstances |
WP | ||
| SODOMY 2 |
130.45(1) | Defendant
18 or More; Complainant Less than 15 |
WP | |
| 130.45(2) | Incapable of Consent - Mentally Disabled or Incapacitated | WP | ||
| SODOMY 1 |
130.50(1) | Forcible Compulsion | WP | |
| 130.50(2) | Physical Helplessness | WP | ||
| 130.50(3) | Complainant
Less Than 11 |
WP | ||
| 130.50(4) | Complainant
Less Than 13; Defendant 18 or More |
WP | ||
| FORCIBLE TOUCHING | 130.52 | - | WP | |
| PERSISTENT SEXUAL ABUSE | 130.53 | No charge prepared | ||
| 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 4 | 130.65-a (1)(a) | Inserts
a Foreign Object; Incapacity to Consent Other than Age |
WP | |
| 130.65-a (1)(b) | Inserts a Finger; Incapacity to Consent Other than Age | WP | ||
| AGGRAVATED SEXUAL ABUSE 3 | 130.66(1)(a) | Inserts
a Foreign Object; Forcible Compulsion |
WP | |
| 130.66(1)(b) | Inserts
a Foreign Object; Complainant Physically Helpless |
WP | ||
| 130.66(1)(c) | Inserts
a Foreign Object; Complainant Less Than 11 |
WP | ||
| 130.66(2) | Inserts
a Foreign Object; Incapacity to Consent |
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) | - | WP | ||
| COURSE
OF
SEXUAL CONDUCT AGAINST A CHILD 2 |
130.80(1)(a) | - | WP | |
| 130.80(1)(b) | - | WP | ||
| FEMALE
GENITAL MUTILATION |
130.85(1)(a) | - | WP | |
| 130.85(1)(b) | - | WP | ||
| FACILITATING
A SEX OFFENSE WITH A CONTROLLED SUBSTANCE [or PRESCRIPTION DRUG] |
130.90 | Forcible Compulsion | WP | |
| 130.90 | Incapacity to Consent | WP | ||
ADDITIONAL CHARGES |
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| AFFIRMATIVE DEFENSE | ||||
| Lack
of Knowledge of Incapacity to Consent |
130.10(1) | - | WP | |
| CORROBORATION | 130.16 | - | WP | |