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Summary of New York State Penal Law Concerning Sexual Offenses

The following appears in the Vassar College Regulations (part I) within the Student Handbook.

The following summary provides information about sexual offenses recognized under New York State Penal Law. Individuals who are victims of any sexual offense are urged to report it to the Town of Poughkeepsie Police Department and/or the District Attorney’s Office.

Sexual Misconduct (NYS § 130.20) occurs when a person engages in sexual intercourse, and/or oral or anal sexual conduct with another person without the latter’s consent. (NYS Class A Misdemeanor)

Forcible Touching (NYS § 130.52) occurs when a person intentionally, and for no legitimate purpose, forcibly touches the sexual or other intimate parts of another person for the purpose of degrading or abusing such person; or for the purpose of gratifying the actor’s sexual desire. For the purposes of this policy, forcible touching includes squeezing, grabbing, or pinching. (NYS Class A Misdemeanor)

Sexual Abuse (NYS § 130.55/.60/.65) occurs when a person has sexual contact with another person without the latter’s consent. The level of offense is elevated by the use of forcible compulsion, or when the latter person is incapable of consent by reason of physical helplessness, or when the latter person is less than fourteen years old. (NYS Class B, A, Misdemeanor(s), Class D Felony)

Aggravated Sexual Abuse (NYS § 130.65-A/.66/.67/.70) occurs when a person inserts a finger or foreign object in the vagina, urethra, penis, or rectum of a person who is incapable of consent. The level of offense is elevated by the use of forcible compulsion, when the latter person is incapable of consent by reason of physical helplessness, mental disability or incapacitation, or when the person is less than eleven years old. The level of offense is elevated when the insertion causes physical injury to the latter person. (NYS Class E, D, C, B Felony)

Rape (NYS § 130.25/.30/.35) occurs when a person engages in sexual intercourse with a person who is incapable of consent. The level of offense is elevated by the use of forcible compulsion, when the latter person is incapable of consent by reason of physical helplessness, mental disability or incapacitation, or when the latter person is less than seventeen years old. 

Criminal Sexual Act (NYS § 130.40/.45/.50) occurs when a person engages in oral sexual conduct or anal sexual conduct with another person who is incapable of consent. The level of offense is elevated by the use of forcible compulsion, or when the latter person is incapable of consent by reason of physical helplessness, mental disability or incapacitation, or when the latter person is less than seventeen years old. (NYS Class E, D, B Felony)

Facilitated Sex Offense with a Controlled Substance (NYS § 130.90) occurs when (1) a person knowingly and unlawfully possesses a controlled substance/ compound or any substance that requires a prescription to obtain, and administers such substance to another person without such person’s consent and with the intent to commit against such person conduct constituting a felony as defined under the sex offenses described in the NYS Penal Law (Part 2; Title H; Article 130), and (2) thereafter commits or attempts to commit such conduct constituting a felony as defined under the NYS Penal Law (Part 2; Title H; Article 130). (NYS Class D Felony)

Predatory Sexual Assault (NYS § 130.95) occurs when a person commits the crime of rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, or course of sexual conduct against a child in the first degree, as defined, and (1) in the course of the commission of the crime or the immediate flight therefrom, he or she causes serious physical injury to the victim of such crime, or uses or threatens the immediate use of a dangerous instrument; or (2) the person has engaged in similar conduct as described above against one or more additional persons; or (3) the person has previously been subjected to a conviction for a felony defined in NYS § 130 of New York State Penal Law (NYS Class A-II Felony)