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Definitions for Crime
Reporting
Offense Definitions:
New York State Penal Law contains the following legal
provisions defining the crimes related to sexual assault:
Section 130.20 - Sexual Misconduct. This
offense includes sexual intercourse without consent and
deviate sexual intercourse without consent. The
penalty for violation of this section includes imprisonment
for a definite period to be fixed by the court up to one
year.
Section 130.25/.30/.35 - Rape. This series of
offenses includes sexual intercourse with a person incapable
of consent because of the use of forcible compulsion or
because the person is incapable of consent due to a mental
defect, mental incapacity, or physical helplessness.
This series of offenses further includes sexual intercourse
with a person under the age of consent. The penalties
for violation of these sections range from imprisonment for
a period not to exceed four years up to imprisonment for a
period not to exceed 25 years.
Section 130.40/.45/.50 - Criminal Sexual Act.
This series of offenses includes oral or anal sexual conduct
with a person incapable of consent because of the use of
forcible compulsion or because the person is incapable of
consent due to a mental defect, mental incapacity, or
physical helplessness. This series of offenses further
includes oral or anal sexual conduct with a person under the
age of consent. The penalties for violation of these
sections range from imprisonment for a period not to exceed
four years up to imprisonment for a period not exceed 25
years.
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Section 120.52 - Forcible Touching. This
offense involves the forcible touching of 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. Forcible
touching includes the squeezing, grabbing, or pinching of
such other person's sexual or other intimate parts.
The penalty for violation of this section of other intimate
parts includes imprisonment for a period of up to one year
in jail.
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Section 130.55/.60/.65 - Sexual Abuse. This
series of offenses includes sexual contact with a person by
forcible compulsion, or with a person who is incapable of
consent due to physical helplessness, or due to the person
being under the age of consent. The penalties for
violation of these sections range from imprisonment for a
period not to exceed three months up to imprisonment for a
period not to exceed seven years.
Section 130.65-a/.66/.67/.70 - Aggravated Sexual Abuse.
This series of offenses occurs when a person inserts a
finger or a foreign object in the vagina, urethra, penis or
rectum of another person by forcible compulsion, when the
other person is incapable of consent by reason of being
physically helpless, or when the other person is under the
age of consent. The level of this offense is enhanced
if the insertion of a finger or foreign object causes injury
to other person. The penalties for violation of these
sections range from imprisonment for a period not to exceed
seven years up to imprisonment for a period not to exceed 25
years.
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Weapon Law Violations. The violation of
laws or ordinances dealing with weapon offenses, regulatory in nature, such as
manufacture, sale, or possession of deadly weapons; carrying deadly weapons,
concealed or openly; furnishing deadly weapons to minors; aliens possessing
deadly weapons; and all attempts to commit any of the aforementioned.
Liquor Law Violations. The violation of laws or ordinances
prohibiting the manufacture, sale, transporting, furnishing, possessing or
intoxicating liquor; maintaining unlawful drinking places; bootlegging;
operating a still; furnishing liquor to a minor or intemperate person; using a
vehicle for illegal transportation of liquor; drinking on a train or public
conveyance; and all attempts to commit any of the aforementioned.
(Drunkenness and driving under the influence are not included in this
definition.)
Drug Abuse Violations. Violations of state and local laws relating
to the unlawful possession, sale, use, growing, manufacturing, and making of
narcotic drugs. The relevant substances include: opium or cocaine and
their derivatives (morphine, heroine, codeine); marijuana; synthetic narcotics
(Demerol, methadone); and dangerous non narcotic drugs (barbiturates,
Benzedrine).
Public Property. Public property includes thoroughfares, streets,
sidewalks and parking facilities immediately adjacent to the
campus, or that is within the campus or immediately adjacent to and accessible
from the campus. If there is a barrier between the campus and the public
property, such as a highway that is fenced off, the public property need not be
included. Note that institutions are not required to report crime
statistics for public property that surrounds non campus building or property.
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