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New York Penal - Article 130 - § 130.00 Sex Offenses; Definitions of Terms

Legal Research Home > New York Laws > Penal > New York Penal - Article 130 - § 130.00 Sex Offenses; Definitions of Terms


Penal 
 
  § 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.
Section:  Previous  Article 130  130.00  130.05  130.10  130.16  130.20  130.25  130.30  130.35  130.40  130.45  130.50  130.52  130.53  130.55  Next

Last modified: February 16, 2014