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Sex Crimes

Sex offenses in New York include sexual misconduct, rape, criminal sexual acts, forcible touching, persistent sexual abuse, aggravated sexual abuse, or sexually motivated felonies. Sex crimes have a strong stigma and can negatively impact a person's life for a very long time.

Nassau County Sex Offense Lawyer

Before you talk to any law enforcement officer about the allegations made against you, contact an experienced criminal defense attorney. At the Law Office of Stephanie Selloni, an attorney can talk with you during a confidential and free consultation.  At Law Office of Stephanie Selloni we represent clients facing sex-related charges in Garden City, Hempstead, Floral Park, Glen Cove, and the surrounding areas of Long Island. Call us at 516-972-1212 to discuss the particular facts and circumstances of your case.


Information on Nassau County Sex Offenses


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Corroboration in Sex Crime Cases

Under New York laws, a person shall not be convicted of any sex crime solely on the testimony of the alleged victim, unsupported by other evidence tending to:

  1. Establish that an attempt was made to engage the victim in sexual contact or sexual intercourse at the time of the occurrence; and
  2. Connect the defendant with the commission of the offense or attempted offense.

Penal Law § 130.16 provides that such corroboration shall be required for “any offense defined in this article of which lack of consent is an element but results solely from incapacity to consent because of the victim’s mental defect, or mental incapacity, or an attempt to commit the same.”


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Sexual Misconduct

The criminal offense of sexual misconduct is a class A misdemeanor under Penal Law Section 130.20. A person is guilty of sexual misconduct when he or she either:

  • engages in sexual intercourse with another person without such person's consent; or 
  • engages in oral sexual conduct or anal sexual conduct with another person without such person's consent. 

Sexual misconduct, a class A misdemeanor, is usually charged in one of the following four ways:

130.20(1) Sexual Intercourse; Forcible Compulsion

When he or she engages in sexual intercourse with another person without such person's consent. Sexual intercourse takes place WITHOUT A PERSON'S CONSENT when there is a lack of consent to the sexual intercourse as a result of forcible compulsion. FORCIBLE COMPULSION means to intentionally compel either:

  • by the use of physical force; or
  • by a threat, express or implied, which places a person in fear of immediate death or physical injury to himself or herself [or another person] or in fear that he or she [or another person] will immediately be kidnapped.

130.20(1) Sexual Intercourse; Incapacity to Consent

When he or she engages in sexual intercourse with another person without such person's consent.

130.20(2) Oral or Anal Sexual Conduct; Forcible Compulsion

When he or she engages, with another person without such person's consent, in either: 

  • oral sexual conduct; or
  • anal sexual conduct.

130.20(2) Oral or Anal Sexual Conduct; Incapacity to Consent

When he or she engages in either:

  • oral sexual conduct [or] anal sexual conduct
  • with another person without such person's consent.

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Rape in the Third Degree

Rape in the third degree, a class E felony, is usually charged in one of the following four ways: 

130.25(1) Incapacity to Consent by Person Subject to Care and Custody 

When he or she engages in sexual intercourse with another person who is incapable of consent. It is an element of this crime that the sexual intercourse takes place without consent. Sexual intercourse takes place without a person's consent when that person is deemed by law to be incapable of consent. Under our law, a person is deemed INCAPABLE OF CONSENTING to sexual intercourse when he or she is either:

  • committed to the care and custody of the state department of correctional services or a hospital, and the actor is an employee, not married to such person, who knows or reasonably should know that such person is committed to the care and custody of such department or hospital; or
  • committed to the care of a local correctional facility, and the actor is an employee, not married to such person, who knows or reasonably should know that such person is committed to the care and custody of such facility; or
  • committed to or placed with the office of children and family services and in residential care, and the actor is an employee, not married to such person, who knows or reasonably should know that such person is committed to or placed with the office of children and family services and in residential care; or 
  • a client or patient and the actor is a health care provider or mental health care provider and the act of sexual conduct occurs during a treatment session, consultation, interview, or examination, and, such conduct was not performed for a valid medical or mental health care purpose.

130.25(2) Defendant 21 or More; Complainant Less than 17

When being twenty-one (21) years old or more, he or she engages in sexual intercourse with another person less than seventeen (17) years old. Under our law, it is also an element of this offense that the sexual intercourse was committed without the consent of that other person. 

Sexual intercourse takes place without a person's consent when that person is deemed by law to be incapable of consent. Under our law, a person is deemed incapable of consenting to sexual intercourse when he or she is less than seventeen (17) years old. Thus, sexual intercourse with such a person is always deemed to be without that person's consent, even if in fact that person did consent.

It is not a defense to this charge that the defendant did not know that the person with whom he or she had sexual intercourse was less than seventeen (17) years old, or that the defendant believed that such person was seventeen (17) years old or more on the date of the crime.


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Sexually Motivated Felony

In 2007, the New York Legislature enacted the criminal offense of “sexually motivated felony” under Penal Law § 130.91. Sexually Motivated Felony under Penal Law 130.91(1) can be charged when a person commits (a specified offense for the purpose, in whole or substantial part, of his or her own direct sexual gratification. 

The class of the felony depends on the underlying “specified offense” and the class of this felony is the same as the class of the “specified offense” Penal Law 190.92(2).

Specified Offense for the Sexually Motivated Felony

The specified offenses applicable to as sexually motivated felony are listed in Penal Law § 130.91(2) including:

  • kidnapping in the second degree as defined in section 135.20, 
  • kidnapping in the first degree as defined in section 135.25, 
  • stalking in the first degree as defined in section 120.60, 
  • assault in the second degree as defined in section 120.05, 
  • assault in the first degree as defined in section 120.10, 
  • gang assault in the second degree as defined in section 120.06, 
  • gang assault in the first degree as defined in section 120.07, 
  • promoting prostitution in the second degree as defined in section 230.30, 
  • promoting prostitution in the first degree as defined in section 230.32, 
  • compelling prostitution as defined in section 230.33, 
  • robbery in the third degree as defined in section 160.05, 
  • robbery in the second degree as defined in section 160.10, 
  • robbery in the first degree as defined in section 160.15, 
  • burglary in the third degree as defined in section 140.20, 
  • burglary in the second degree as defined in section 140.25, 
  • burglary in the first degree as defined in section 140.30, 
  • arson in the second degree as defined in section 150.15, 
  • arson in the first degree as defined in section 150.20, 
  • disseminating indecent material to minors in the first degree as defined in section 235.22, 
  • use of a child in a sexual performance as defined in section 263.05, 
  • promoting an obscene sexual performance by a child as defined in section 263.10, 
  • promoting a sexual performance by a child as defined in section 263.15, or 
  • manslaughter in the second degree as defined in subdivision one of section 125.15, 
  • manslaughter in the first degree as defined in section 125.20, 
  • murder in the second degree as defined in section 125.25, 
  • aggravated murder as defined in section 125.26, 
  • murder in the first degree as defined in section 125.27, 
  • any felony attempt or conspiracy to commit any of the foregoing offenses.

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New York's Sex Offender Registration Act

Under New York's Sex Offender Registration Act, passed in 1995, people designated as sex offenders under the law must register. The offenses cover a broad range and are patterned after the crimes listed in the federal Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act.  

Any person who is determined to be above a Level 1 (lowest risk) offender will be visible in the public database of sex offenders, available to anyone with internet access. The online directory shows the offender's name, address, the address of their job, the offense and certain details like whether force, a computer or pornography were involved.


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Finding an Attorney for Sex Crimes in Nassau County

If you are charged with a criminal offense involving a sexually motivated crime, then contact an experienced criminal defense attorney at the Law Office of Stephanie Selloni. We represent clients on a variety of serious sex crimes throughout Long Island, including the areas of Garden City, Long Beach, Floral Park, Hempstead, and Glen Cove. Contact Law Office of Stephanie Selloni today if you are in need of legal representation due to accusations of a sex crime.