N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation / ARTICLE Sex Offenses
New York Consolidated Laws

N.Y. Penal Law § 130.66 (2026)

Aggravated sexual abuse in the third degree

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 130.66 Aggravated sexual abuse in the third degree.
  1. A person is guilty of aggravated sexual abuse in the third degree
when he or she inserts a foreign object or a finger in the vagina,
urethra, penis, rectum or anus of another person:
  (a) By forcible compulsion; or
  (b) When the other person is incapable of consent by reason of being
physically helpless;
  (c) When the other person is less than eleven years old; or
  (d) When the other person is less than thirteen years old and the
actor is eighteen years of age or older.
  2. A person is guilty of aggravated sexual abuse in the third degree
when he or she inserts a foreign object in the vagina, urethra, penis,
rectum or anus of another person causing physical injury to such person
and such person is incapable of consent by reason of being mentally
disabled or mentally incapacitated.
  3. Conduct performed for a valid medical purpose does not violate the
provisions of this section.
  Aggravated sexual abuse in the third degree is a class D felony.
Notes of Decisions
Cited in 12 cases (4 in the last 5 years), 2001–2025 · leading case: Lipton v. Cnty. of Orange, NY, 315 F. Supp. 2d 434 (S.D.N.Y. 2004).
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Lipton v. Cnty. of Orange, NY, 315 F. Supp. 2d 434 (S.D.N.Y. 2004). “) Pending bail, plaintiff was detained in the Ulster County jail until Ulster County officials transferred him to the custody of defendant County in the evening of February 17, 1999 on new charges of aggravated sexual abuse in the third degree in violation of N.Y. PENAL LAW §…”
People v. Chilson, 285 A.D.2d 733 (N.Y. App. Div. 3d Dep't 2001). “70 [1] [c]), aggravated sexual abuse in the third degree (count 6) (Penal Law § 130.66 [1] [c]), sexual abuse in the first degree (count 7) (Penal Law § 130.”
People v. Wilson, 2018 NY Slip Op 5715 (N.Y. App. Div. 3d Dep't 2018). “50 [1]), two counts of aggravated sexual abuse in the third degree ( see Penal Law § 130.66 [1] [a]) and robbery in the first degree ( see Penal Law § 160.”
People v. Best, 294 A.D.2d 512 (N.Y. App. Div. 2d Dep't 2002). · cites it 2× “The defendant’s claim that a rubber glove does not constitute a “foreign object” within the meaning of Penal Law § 130.66 (1) (a) is unpreserved for appellate review (see People v Finger, 95 NY2d 894, 895 ; People v Okehofifurum, 201 AD2d 508, 509 ).”
People v. Brown, 5 Misc. 3d 440 (2004). · cites it 2× “Based on the facts contained in the signed, certified copy of the Colorado presentence investigation report, it is clear that the defendant’s conviction in Colorado for aggravated incest is equivalent to the crime of aggravated sexual abuse in the third degree in the State of…”
People v. Wilson, 2018 NY Slip Op 5715 (N.Y. App. Div. 3d Dep't 2018). “50 [1]), two counts of aggravated sexual abuse in the third degree ( see Penal Law § 130.66 [1] [a]) and robbery in the first degree ( see Penal Law § 160.”
People v. Owens, 192 Misc. 2d 101 (N.Y. Sup. Ct. 2002). “On January 12, 2000, the defendant pleaded guilty to Penal Law § 130.66 (1) (a), aggravated sexual abuse in the third degree, a class D felony.”
C. J. v. PSP, No. 363 M.D. 2021 (Pa. Commw. Ct. June 20, 2023). “N.Y. Penal Law § 130.66 (1)(a)-(c) (McKinney 1996).”
Dixon v. Reid, 744 F. Supp. 3d 323 (S.D.N.Y. 2024). “” N.Y. Pen. L. §§ 130.66 , 130.67. Defendant argues unconvincingly that Sections 130.”
Harrington v. Crouse Hosp., No. 24-2970 (2d Cir. June 24, 2025). “, N.Y. Penal Law §§ 130.66 (1)(a), 130.00(8); id.”
People v. Shackelton, 177 A.D.3d 1163 (N.Y. App. Div. 3d Dep't 2019). “75 [1] [a]), aggravated sexual abuse in the third degree ( see Penal Law § 130.66 [1] [c]), criminal sexual act in the first degree ( see Penal Law §§ 130.”
People v. Menge, 231 A.D.3d 1207 (N.Y. App. Div. 3d Dep't 2024). “of another person" and, as is relevant here, that other person is incapable of consent "by reason of some factor other than being less than [17] years old," including by reason of being physically helpless regardless of whether such conduct causes physical injury to the other…”
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