Sex Crimes Defense Lawyer
Sex crimes are among the most abhorred criminal acts since they are not only assaults on deep and personal sensibilities, but are intrusions and invasions on the sanctity of our most intimate body parts. New York State and federal laws are strict regarding prosecution and punishment of such crimes. If you have been accused of a sexual crime, it is imperative that you contact an experienced, high-power criminal defense attorney because being found guilty of a sex crime can alter the course of your life permanently. If you reside in the New York City or Long Island area, you should reach out to the highly capable attorneys at Barket Epstein. We are part of a prominent practice with an unusually strong track record of success.
Types of Sex Crimes
There are many types of sex crimes, ranging from relatively minor ones, like indecent exposure, to extremely serious ones, like forcible rape. Below is a list of some of the sex crimes for which you may be arrested and prosecuted:
- Indecency with, or sexual molestation of, a child
- Indecent exposure
- Lewd and lascivious acts
- Making, viewing, or distributing child pornography
- Prostitution or advertising prostitution services
- Public sexual indecency
- Sexual abuse of a child
- Sexual assault
- Sexual assault of a spouse
- Sexual conduct with a minor
- Sexual exploitation of a minor
- Sexually motivated assault or unlawful imprisonment
- Statutory rape (consensual sex with a minor)
State vs. Federal Laws Regarding Sex Crimes
Although the majority of sex crimes fall within the jurisdiction of state law, federal law is also applicable to a number of sexual offenses. Some of these offenses are defined as those committed within the territorial United States or in federal prisons. Others involve crimes in which offenders cross state or international borders to commit sex crimes. Federal sex crimes include:
- Buying or selling of children for purposes of sexual abuse
- Sexual exploitation of minors, including child pornography for importation
- Transporting individuals for interstate or foreign prostitution or other sexual activity
- Kidnapping or taking a minor (under the age of 16) out of state to entice, solicit, or engage in sexual activity
- Sex trafficking
Sex Offender Registry
The Federal 1994 Omnibus Crime Bill (also known as the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act) was enacted. This law requires every state to create a program for registering sex offenders and to execute the construction of a sex offender and crimes against children registry. As of 1994,, being accused of a sex crime became more frightening to defendants because it meant being found guilty of even a minor sex crime could have lifelong consequences.
Once the verdict is in and you are found guilty of a sex crime, you will be required to registered as a sex offender. How long your name will remain on the registry will vary depending on the nature of your offense, but even Level 1 offenders (low risk) must register for 20 years. If you are designated a Level 2 (moderate risk) or Level 3 offender (high risk), you will be required to register for life. Failure to register as a sex offender and violation of sex offender registration statutes are also considered criminal offenses.
Being on the registry of sex offenders will alter the character of your life, whether or not you serve a lengthy prison sentence. Having your name on an accessible list of sex offenders is likely to affect future relationships, potential employment, and even where you are permitted to live. If you are under parole or probation supervision, other New York State laws may prevent you from living within 1,000 feet of a school, playground, daycare center, or other facility caring for children. You will also likely have to distance yourself from anyone you have harmed. In addition you will have to keep in contact with the Division of Criminal Justice Services (DCJS) in the following ways:
- Sign and return an annual verification to DCJS within 10 days of receiving it
- Notify DCJS in writing of a new address no later than 10 days after moving
- Report in person to a local police agency to have a current photograph taken every 3 years if you are a Level 1 or 2 offender or every year if you are a Level 3 offender
- Notify DCJS in writing of any institution of higher education you are attending, enrolled in, living at or employed by
- Report any change in your status to DCJS no later than 10 days after the change
- Provide the DCJS with your current Internet screen names, email accounts, and Internet service providers
These stringent requirements and restrictions are evidence of ways in which your life will be negatively impacted if you are found guilty of a sex crime. They underscore how important it is for you to contact a knowledgeable criminal defense attorney from Barket Epstein as soon as you are accused or arrested for such a crime so that you will have a forceful spokesperson and/or litigator to defend you.
As noted, sex crimes are taken extremely seriously by prosecutors with the possible exception of cases in which the offender is young — such as when two teenagers, one over the age of 18 and one under 16, have consensual sex, or when a young teenager uses poor judgment and takes a naked picture of himself or herself to post it on the internet.
How Risk Levels Are Determined
In addition to the sex crime you are accused of committing, facts that may exacerbate your offense in the eyes of the law include: the use of force, weapons, alcohol or drugs, the victim’s age, the number victims, assault or injury of the victim, and your relationship to the victim. The risk level assigned is also based on the court’s assessment regarding whether a particular offender is likely to repeat the same or a similar offense and the perceived danger the offender poses to the community.
Contact A Sex Crimes Defense Attorney
You can be certain that when you come to one of the offices of Barket Epstein (in Garden City or Manhattan), you will know you have come to the right place. We are consummate professionals who will put your interests first and foremost. Known for our vigorous legal strength, and aware of the dangers you face, we will use innovative strategies and known negotiating tactics to obtain a favorable plea bargain or a not guilty verdict. Furthermore, we will always treat you with respect. You can reach us by phone or by filling out the contact form on our website.