CJI2d[NY] PENAL LAW ARTICLE 130
Sex Offenses
| 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) | Oral or Anal Sexual Conduct; Forcible Compulsion | WP | ||
| 130.20(2) | Oral or Anal Sexual Conduct; Incapacity to Consent | WP | ||
| 130.20(3) | No charge Prepared | |||
| RAPE
3 |
130.25(1) | Incapacity to Consent by Person Subject to Care and Custody | 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 | ||
| CRIMINAL
SEXUAL ACT 3 |
130.40(1) | Incapacity to Consent by a Person Subject to Care and Custody | 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 | ||
| CRIMINAL
SEXUAL ACT 2 |
130.45(1) | Defendant
18 or More; Complainant Less than 15 |
WP | |
| 130.45(2) | Incapable of Consent - Mentally Disabled or Incapacitated | WP | ||
| CRIMINAL
SEXUAL ACT 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 | ||
| SEXUALLY MOTIVATED FELONY | 130.91 (1) | - | WP | |
| PREDATORY
SEXUAL
ASSAULT |
130.95(1)(a) | - | WP | |
| 130.95(1)(b) | - | WP | ||
| PREDATORY SEXUAL ASSAULT AGAINST A CHILD | 130.96 | - | WP | |
ADDITIONAL CHARGES |
||||
| AFFIRMATIVE DEFENSES | ||||
| Lack
of Knowledge of Incapacity to Consent |
130.10(1) | - | WP | |
| Client or Patient Consent | 130.10(3) | - | WP | |
| Corroboration | 130.16 | - | WP | |