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130.00 – Sex offenses; definitions of terms

§ 130.00 Sex offenses; definitions of terms.

The following definitions are applicable to this article:

  1. “Sexual intercourse” has its ordinary meaning and occurs upon any
    penetration, however slight.
  2. (a) “Oral sexual conduct” means conduct between persons consisting
    of contact between the mouth and the penis, the mouth and the anus, or
    the mouth and the vulva or vagina.
    (b) “Anal sexual conduct” means conduct between persons consisting of
    contact between the penis and anus.
  3. “Sexual contact” means any touching of the sexual or other intimate
    parts of a person for the purpose of gratifying sexual desire of either
    party. It includes the touching of the actor by the victim, as well as
    the touching of the victim by the actor, whether directly or through
    clothing, as well as the emission of ejaculate by the actor upon any
    part of the victim, clothed or unclothed.
  4. For the purposes of this article “married” means the existence of
    the relationship between the actor and the victim as spouses which is
    recognized by law at the time the actor commits an offense proscribed by
    this article against the victim.
  5. “Mentally disabled” means that a person suffers from a mental
    disease or defect which renders him or her incapable of appraising the
    nature of his or her conduct.
  6. “Mentally incapacitated” means that a person is rendered
    temporarily incapable of appraising or controlling his conduct owing to
    the influence of a narcotic or intoxicating substance administered to
    him without his consent, or to any other act committed upon him without
    his consent.
  7. “Physically helpless” means that a person is unconscious or for any
    other reason is physically unable to communicate unwillingness to an
    act.
  8. “Forcible compulsion” means to compel by either:
    a. use of physical force; or
    b. a threat, express or implied, which places a person in fear of
    immediate death or physical injury to himself, herself or another
    person, or in fear that he, she or another person will immediately be
    kidnapped.
  9. “Foreign object” means any instrument or article which, when
    inserted in the vagina, urethra, penis, rectum or anus, is capable of
    causing physical injury.
  10. “Sexual conduct” means sexual intercourse, oral sexual conduct,
    anal sexual conduct, aggravated sexual contact, or sexual contact.
  11. “Aggravated sexual contact” means inserting, other than for a
    valid medical purpose, a foreign object in the vagina, urethra, penis,
    rectum or anus of a child, thereby causing physical injury to such
    child.
  12. “Health care provider” means any person who is, or is required to
    be, licensed or registered or holds himself or herself out to be
    licensed or registered, or provides services as if he or she were
    licensed or registered in the profession of medicine, chiropractic,
    dentistry or podiatry under any of the following: article one hundred
    thirty-one, one hundred thirty-two, one hundred thirty-three, or one
    hundred forty-one of the education law.
  13. “Mental health care provider” shall mean a licensed physician,
    licensed psychologist, registered professional nurse, licensed clinical
    social worker or a licensed master social worker under the supervision
    of a physician, psychologist or licensed clinical social worker.
Criminal Laws NY

Criminal Laws NY