New York Sex Crimes Defense Attorney

Engaging in sexual contact with a child or causing a child to engage in sexual contact.

Sexual intercourse (penetration) without consent and accomplished through force and/or threat of violence or intimidation.

Sexual intercourse with someone below the age of consent, but above the age of a child. Even if consent is given, it is still statutory rape if the victim is below the age of consent. Ages of consent and ages of children vary by state.

When someone older or bigger than the child (which may be an adult or older child) manipulates or forces a child into sexual activity.

Possessing pornography that contains images or video of anyone under the age of 17 (NY) or 18 (NJ).

Violating the terms of sex offender registration, either neglecting to register as a sex offender or violating the rules of the sex offender registry.

May include the possession or distribution of child pornography on the internet, sexual solicitations, or the conspiracy to commit a sex crime.

In both New York and New Jersey, cyber sex crimes encompass illegal activities conducted via the internet or electronic devices. These crimes are taken very seriously and can result in severe legal consequences, including imprisonment and mandatory registration as a sex offender. Common offenses include:

• New York: 
  • Child Pornography: Possession, creation, distribution, or sale of child pornography.
  • Luring a Minor: Communicating with a minor in a sexual manner, or attempting to arrange a meeting with the intent of sexual activity.
  • Sexual Abuse: Using a computer or the internet to sexually abuse a child.
  • Soliciting Prostitution: Using the internet to offer or agree to pay someone for sexual acts.
  • Disclosing Intimate Images: Disclosing or threatening to disclose an intimate image of someone else with the intent to cause harm.
  • Online Harassment: Using the internet to harass, intimidate, or threaten someone.
• New Jersey: 
  • Sexting: Sending or receiving sexually explicit images or videos of a minor. 
  • Child Pornography: Possessing, transmitting, sharing, or viewing explicit material involving a minor.
  • Invasion of Privacy: Using the internet to disclose private information without consent.
  • Endangering the Welfare of Children: Allowing or causing a child to participate in sexual activity that may be recorded or photographed.
  • Cyber Harassment: Using the internet to harass someone.

Aggravated sexual assault or abuse involves severe forms of sexual misconduct, often characterized by factors that increase the offense’s gravity. The specific definitions and penalties vary between New York and New Jersey, but both states impose strict punishments for such offenses. In both states, the following circumstances can elevate a charge to aggravated sexual assault or abuse.

• Use of a Weapon: Employing or displaying a weapon while the offense is being committed.
• Causing Serious Injury: Inflicting significant physical harm on the victim.
• Multiple Perpetrators: Involvement of more than one offender in the assault.
• Position of Authority: The perpetrator holding a position of trust or authority over the victim, such as a teacher, coach, or caregiver.
• Victim’s Age: Offenses against particularly young victims, especially when the perpetrator is significantly older.

Romeo and Juliet laws are provisions that prevent severe penalties for consensual sexual activities between teenagers who are close in age. These laws recognize that while minors cannot legally consent to sexual activity, imposing harsh penalties on individuals close in age may be unjust. It’s important to understand that these laws do not legalize underage sexual activity, but may reduce the severity of the charges or penalties in specific situations.

• New York: Does not have a specific Romeo and Juliet law, but the state’s statutory rape laws consider the age difference between the involved parties. For instance, if both individuals are minors and close in age, the offense may be treated less severely.
• New Jersey: Allows for consensual sexual relations between minors aged 13 to 15, provided the age difference between them is no more than four years.

In New Jersey, Megan’s Law mandates that individuals convicted of certain sex offenses register with local law enforcement agencies. The law aims to inform communities about the presence of sex offenders to enhance public safety. Failure to comply with Megan’s Law requirements can result in additional criminal charges. Key components include:

• Registration: Offenders must provide personal information, including their address, employment details, and vehicle information. 
• Community Notification: Depending on the offender’s risk level, law enforcement may notify schools, community organizations, and neighbors of the offender’s presence.
• Internet Registry: Certain offenders’ information is made publicly available online.

New York’s version of Megan’s Law is called SORA, or The Sex Offender Registration Act. SORA took effect in 1996 and was enacted to protect local communities. The act requires sex offenders to register with the State. They are assigned a “risk level” which measures the potential risk they may present to their community. SORA classifications in New York include:

• Level One (Lowest Risk) – Registration lasts for 20 years and the offender’s information is not publicly accessible.
• Level Two – Lifelong registration. Publicly accessible information includes physical description, address, charges, and details about the offense and sentence.
• Level Three (Highest Risk) – Same requirements as Level Two offenders. While on probation, parole, or community supervision, a Level Three offender may find their internet use heavily restricted and cannot live in close proximity to a school.

Parole Supervision for Life (PSL) is a mandatory, lifelong supervision imposed on individuals convicted of specific sexual offenses in New Jersey. Under PSL, offenders are subject to continuous monitoring and must adhere to various conditions, such as:

• Regular Reporting: Meeting with parole officers at designated intervals.
• Residence Approval: Obtaining permission before changing residences.
• Employment Restrictions: Certain jobs or volunteer positions may be prohibited.
• No Contact Orders: Avoiding contact with victims or certain groups, like minors.

Violating PSL conditions can lead to re-incarceration or additional penalties.

Expungement laws for sex crimes vary between New York and New Jersey. Given the complexities, it’s important to consult with a legal professional to understand eligibility and the expungement process in your state. An experienced criminal defense attorney like Mario Gallucci can assess the details of your case and inform you of your options moving forward. 

• New York: The state does not have a traditional expungement process. However, certain convictions can be sealed under specific conditions, such as remaining crime-free for a designated period. Notably, most sex offenses are not eligible for sealing, and sealing a case means that the record still exists.
• New Jersey: The state allows for the expungement of certain criminal records after a waiting period and under specific conditions. However, many sex offenses, especially those requiring registration under Megan’s Law, are usually ineligible for expungement.

Defending against a sex crime charge requires a thorough examination of the case’s specifics. These details will help your attorney create a defense strategy that takes the full details of the situation into account. Potential defenses against a sex crime charge in NY and NJ include:

• Consent: Arguing that the alleged victim willingly participated in the activity.
• False Allegations: Demonstrating that the accusations are untrue, possibly due to ulterior motives.
• Lack of Intent: Showing that the defendant did not have the intent to commit a sexual offense when the event took place.
• Mistaken Identity: Establishing that the defendant was wrongly identified as the perpetrator.

If you are convicted of a sex crime, hiring an experienced criminal defense lawyer is essential for several reasons. Given the lifelong consequences of a sex crime conviction, legal counsel is crucial in minimizing penalties and safeguarding your future. Mario Gallucci has been one of the premier criminal defense lawyers in New York City since 1999, making him the ideal choice for those facing sexual assault charges in NY or NJ. Benefits of hiring an experienced criminal defense attorney to support you during a sexual assault trial include:

• Appeals & Post-Conviction Relief: A lawyer can identify errors in your trial, such as constitutional violations, ineffective counsel, or procedural mistakes, and file appeals or motions for a new trial.
• Sentencing Mitigation: If conviction is unavoidable, an attorney can argue for a reduced sentence, alternative sentencing options, or rehabilitation programs instead of prison time.
• Sex Offender Registration Challenges: Some convictions require mandatory sex offender registration. A lawyer can help you petition for a lower risk classification or removal from the registry (if eligible). 
• Probation & Parole Advocacy: Legal representation can assist in modifying probation terms or securing early parole.
• Future Expungement or Record Sealing: If expungement is an option in your state, an attorney can guide you through the process to clear your record.
• Protecting Your Rights: Even after a conviction, you still have legal rights. The support of a lawyer ensures that you are not subjected to unlawful restrictions or mistreatment.