New York Course Of Sexual Conduct Against A Child In The Second Degree Lawyer — What Are Your Defense Options?
A charge of Course of Sexual Conduct Against a Child in the Second Degree under NY Penal Law § 130.80 is a Class D violent felony with severe penalties. In New York County (Manhattan), these cases are prosecuted aggressively in Supreme Court.
Understanding the Statute: NY Penal Law § 130.80
Course of Sexual Conduct Against a Child in the Second Degree is defined under NY Penal Law § 130.80. The law states that a person is guilty of this crime when, being eighteen years or older, they engage in two or more acts of sexual conduct with a child less than thirteen years old over a period of time not less than three months in duration. Unlike a single incident, this charge alleges a repeated pattern of abuse, which prosecutors use to demonstrate predatory behavior. The statute is part of New York’s full framework for prosecuting sexual offenses against children.
Last verified: April 2026 | New York County Supreme Court | New York State Legislature
External Legal Resources
For the official text of the law, refer to the New York State Senate website for Penal Law § 130.80. For court procedures and information, visit the New York County Supreme Court website.
Procedural Insights for Manhattan Supreme Court
In New York County, these felony charges originate from a grand jury indictment. The case will proceed in Supreme Court, where judges and prosecutors handle a high volume of serious cases. The prosecution’s strategy often relies heavily on the testimony of the child, experienced witnesses, and evidence meant to show a pattern. A key local procedural fact is that these cases are subject to New York’s mandatory SORA (Sex Offender Registration Act) requirements, and a hearing to determine the risk level will be held prior to sentencing.
- Grand Jury Indictment: The case begins with a presentation to a grand jury. Your attorney cannot be present, but they can advise you beforehand and may seek to present exculpatory evidence.
- Arraignment & Motions: After indictment, you will be arraigned in Supreme Court. Your criminal court lawyer will file pre-trial motions to challenge evidence, suppress statements, or dismiss charges.
- Discovery & Investigation: The defense will review all evidence, including forensic reports and witness statements. An independent investigation into the allegations and the accuser’s background is essential.
- Plea Negotiations or Trial: Based on the evidence, your attorney will engage in negotiations with the District Attorney’s office. If no acceptable plea is offered, the case will proceed to a jury trial.
- SORA Hearing: If convicted, a separate hearing will determine your classification under the Sex Offender Registration Act (Level 1, 2, or 3), which dictates reporting requirements for decades.
Penalties and Consequences
In New York County (Manhattan), a conviction for Course of Sexual Conduct Against a Child in the Second Degree carries a mandatory prison sentence and lifelong registration as a sex offender.
| Offense | Classification | Incarceration | Fine | Post-Release Supervision | Additional Consequences |
|---|---|---|---|---|---|
| Course of Sexual Conduct Against a Child 2nd Degree (NY PL § 130.80) | Class D Violent Felony | Mandatory Prison: 3 to 7 years | Up to $5,000 | 5 years of Post-Release Supervision (PRS) | Mandatory SORA registration (min. 20 years), possible civil commitment under Article 10, loss of professional licenses, housing restrictions. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings a founder’s direct experience with how the other side builds a case. With over 120 years of combined attorney experience and a documented history of favorable outcomes in complex cases, our approach is grounded in deep legal knowledge and strategic case analysis. Our tagline, “Advocacy Without Borders,” reflects our commitment to a relentless defense, regardless of the severity of the allegations.
Our Approach to Your Case
When you hire a New York Course Of Sexual Conduct Against A Child In The Second Degree Lawyer from our firm, you get a defense built on scrutiny and strategy. We immediately work to secure and analyze all discovery, including electronic communications and forensic reports. We identify weaknesses in the prosecution’s timeline and evidence. We consult with independent medical and psychological experts when necessary to challenge the allegations. Our goal is to protect your rights at every stage, from the grand jury through trial or negotiation.
Contact Our New York Location
Law Offices Of SRIS, P.C.
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Buffalo, NY 14202
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Frequently Asked Questions
What is the main difference between 1st and 2nd degree course of sexual conduct against a child?
The key difference is the age of the child and the duration. Second degree involves a child under 13 and acts over three months. First degree (PL § 130.75) involves a child under 11, carries a Class B felony designation, and has much longer mandatory prison terms.
Can these charges be filed based on the testimony of one child?
Yes. In New York, a conviction can be secured based solely on the uncorroborated testimony of the alleged victim, provided the jury finds it credible beyond a reasonable doubt. This makes the defense’s cross-examination and presentation of alternative theories absolutely critical to the case.
What does a “course of conduct” mean for the prosecution?
It means the District Attorney does not need to prove specific dates and times for each alleged act. They must prove a pattern of sexual conduct occurred repeatedly over at least a three-month period. This can make the defense more challenging, as it attacks a broader allegation rather than a single event.
Is parole an option with this charge?
No. As a violent felony offense, a sentence for Course of Sexual Conduct in the Second Degree is a determinate prison sentence. You would serve a defined portion of the sentence (e.g., 6/7ths) before being released to a mandatory 5-year term of post-release supervision, which is similar to parole but with different rules.
How soon should I contact a criminal attorney?
Immediately. The investigation often begins long before an arrest. Involving a defense lawyer early allows them to advise you during questioning, investigate the allegations while memories are fresh, and potentially influence the case before formal charges are filed by the grand jury.
Internal Resources
For more information, visit our New York Sex Crime Lawyer hub page. We also assist clients in nearby counties like Albany County and Broome County. If you have other legal needs in Manhattan, consider our services for business law or DUI defense.
Page last verified and updated: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your specific situation.