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NYPTI Law - NYS Statutes

Statute:

Sexual misconduct

* § 130.20 Sexual misconduct.

A person is guilty of sexual misconduct when:

1. He or she engages in sexual intercourse with another person without
such person's consent; or

2. He or she engages in oral sexual conduct or anal sexual conduct
with another person without such person's consent; or

3. He or she engages in sexual conduct with an animal or a dead human
body.

Sexual misconduct is a class A misdemeanor.

* NB Effective until September 1, 2024
* § 130.20 Sexual misconduct.

A person is guilty of sexual misconduct when:

1. He or she engages in vaginal sexual contact with another person
without such person's consent; or

2. He or she engages in oral sexual contact with another person
without such person's consent; or

3. He or she engages in anal sexual contact with another person
without such person's consent; or

4. He or she engages in sexual conduct with an animal or a dead human
body.

Sexual misconduct is a class A misdemeanor.

* NB Effective September 1, 2024

PEN 130.20 2024-02-02

Criminal Jury Instruction Links:


Sexual Intercourse; Forcible Compulsion - PL 130.20(1)
Sexual Intercourse; Incapacity to Consent PL 130.20(1)
Oral or Anal Sexual Conduct; Forcible Compulsion - PL 130.20(2)
Oral or Anal Sexual Conduct; Incapacity to Consent - PL 130.20(2)

Sections:

130. Sex offenses
130.00 Sex offenses; definitions of terms.
130.05 Sex offenses; lack of consent.
130.10 Sex offenses; limitation; defenses.
130.16 Sex offenses; corroboration.
130.20 Sexual misconduct.
130.25 Rape in the third degree.
130.30 Rape in the second degree.
130.35 Rape in the first degree.
130.40 Criminal Sexual Act in the third degree.
130.45 Criminal Sexual Act in the second degree.
130.50 Criminal Sexual Act in the first degree.
130.52 Forcible touching.
130.53 Persistent sexual abuse.
130.55 Sexual abuse in the third degree.
130.60 Sexual abuse in the second degree.
130.65 Sexual abuse in the first degree.
130.65-a Aggravated sexual abuse in the fourth degree.
130.66 Aggravated sexual abuse in the third degree.
130.67 Aggravated sexual abuse in the second degree.
130.70 Aggravated sexual abuse in the first degree.
130.75 Course of sexual conduct against a child in the first degree.
130.80 Course of sexual conduct against a child in the second degree.
130.85 Female genital mutilation.
130.90 Facilitating a sex offense with a controlled substance.
130.91 Sexually motivated felony.
130.92 Sentencing.
130.95 Predatory sexual assault.
130.96 Predatory sexual assault against a child.

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