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CJI2d[NY] PENAL LAW ARTICLE 130


Sex Offenses



OFFENSE DESCRIPTION

PENAL LAW

(docx)

WPD PDF
SEXUAL MISCONDUCT Sexual Intercourse; Forcible Compulsion WP PDF
Sexual Intercourse; Incapacity to Consent WP PDF
Oral or Anal Sexual Conduct; Forcible Compulsion WP PDF
Oral or Anal Sexual Conduct; Incapacity to Consent WP PDF
No charge Prepared
130.20(3)
   
 
RAPE 3 Incapacity to Consent by Person Subject to Care and Custody WP PDF
No Charge Prepared for Incapacity to Consent. See Alternative Recommendation. WP PDF
Defendant 21 or More; Complainant Less than 17 WP PDF
Lack of Consent - Totality of Circumstances WP PDF
RAPE 2 Defendant 18 or More; Complainant Less than 15 WP PDF
Incapable of Consent - Mentally Disabled or Incapacitated WP PDF
RAPE 1 Forcible Compulsion WP PDF
Physical Helplessness WP PDF
Complainant Less Than 11 WP PDF
Complainant Less Than 13; Defendant 18 or More WP PDF
 
CRIMINAL SEXUAL ACT 3 Incapacity to Consent by a Person Subject to Care and Custody WP PDF
No Charge Prepared for Incapacity to Consent. See Alternative Recommendation. WP PDF
Defendant 21 or More; Complainant Less than 17 WP PDF
Lack of Consent - Totality of Circumstances WP PDF
CRIMINAL SEXUAL ACT 2    Defendant 18 or More; Complainant Less than 15 WP PDF
Incapable of Consent - Mentally Disabled or Incapacitated WP PDF
CRIMINAL SEXUAL ACT 1 Forcible Compulsion WP PDF
Physical Helplessness WP PDF
Complainant Less Than 11 WP PDF
Complainant Less Than 13; Defendant 18 or More WP PDF
 
FORCIBLE TOUCHING Anywhere WP PDF
FORCIBLE TOUCHING On a Bus, Train, or Subway WP PDF
 
PERSISTENT SEXUAL ABUSE No Charge Prepared
130.53
  
 
SEXUAL ABUSE 3 Forcible Compulsion WP PDF
Incapacity to Consent WP PDF
No Acquiescence WP PDF
SEXUAL ABUSE 2 Incapacity to Consent Not by Age WP PDF
Complainant Less Than 14 WP PDF
SEXUAL ABUSE 1 Forcible Compulsion WP PDF
Physical Helplessness WP PDF
Complainant Less Than 11 WP PDF
Complainant Less Than 13; Defendant 21 or More WP PDF
 
AGGRAVATED SEXUAL ABUSE 4 Inserts a Foreign Object; Incapacity to Consent Not by Age WP PDF
Inserts a Finger; Incapacity to Consent Not by Age WP PDF
AGGRAVATED SEXUAL ABUSE 3 Inserts a Foreign Object; Forcible Compulsion WP PDF
Inserts a Foreign Object; Complainant Physically Helpless WP PDF
Inserts a Foreign Object; Complainant Less Than 11 WP PDF
Inserts a Foreign Object; Incapacity to Consent WP PDF
AGGRAVATED SEXUAL ABUSE 2 Inserts a Finger; Forcible Compulsion WP PDF
Inserts a Finger; Complainant Physically Helpless WP PDF
Inserts a Finger; Complainant Less Than 11 WP PDF
AGGRAVATED SEXUAL ABUSE 1 Inserts a Foreign Object; Forcible Compulsion WP PDF
Inserts a Foreign Object; Physical Helplessness WP PDF
Inserts a Foreign Object; Complainant Less Than 11 WP PDF
 
COURSE OF SEXUAL CONDUCT AGAINST A CHILD 1 - WP PDF
- WP PDF
COURSE OF SEXUAL CONDUCT AGAINST A CHILD 2 - WP PDF
- WP PDF
 
FEMALE GENITAL MUTILATION - WP PDF
- WP PDF
 
SEXUALLY MOTIVATED FELONY - WP PDF
 
PREDATORY SEXUAL ASSAULT - WP PDF
- WP PDF
PREDATORY SEXUAL ASSAULT AGAINST A CHILD - WP PDF
 
 
ADDITIONAL CHARGES
 
AFFIRMATIVE DEFENSES
Lack of Knowledge of Incapacity to Consent   WP PDF
Client or Patient Consent   WP PDF
CORROBORATION 
Corroboration   WP PDF
 
  Former Article 130 charges

For 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 click here.

For charges applicable to Penal Law article 130 as it existed on or after February 1, 2001 and prior to November 1, 2003 click here.