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 § 130.70 (2026)

Aggravated sexual abuse in the first degree

✓ current as of May 2026
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§ 130.70 Aggravated sexual abuse in the first degree.
  1. A person is guilty of aggravated sexual abuse in the first 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:
  (a) By forcible compulsion; or
  (b) When the other person is incapable of consent by reason of being
physically helpless; or
  (c) When the other person is less than eleven years old.
  2. Conduct performed for a valid medical purpose does not violate the
provisions of this section.
  Aggravated sexual abuse in the first degree is a class B felony.
Notes of Decisions
Cited in 21 cases (4 in the last 5 years), 1987–2024 · leading case: People v. Lancaster, 143 A.D.3d 1046 (N.Y. App. Div. 2016).
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People v. Lancaster, 143 A.D.3d 1046 (N.Y. App. Div. 2016). · cites it 2× “[b]y forcible compulsion" (Penal Law § 130.70 [1] [a]). With respect to this charge, victim 2's testimony was that defendant forcibly inserted a foreign object into her vagina, despite the fact that she pushed him away and screamed in pain.”
Matter of Destiny C., 127 A.D.3d 1510 (N.Y. App. Div. 2015). · cites it 3× “The same reports were sufficient to establish that the father’s actions against the older boy amounted to aggravated sexual abuse in the first degree (see Penal Law § 130.70 [1] [c]). In addition, the reports established that, as against the middle boy, the father committed…”
People v. Chilson, 285 A.D.2d 733 (N.Y. App. Div. 2001). · cites it 2× “Following the People’s case, it further dismissed the sole count alleging aggravated sexual abuse in the first degree (Penal Law § 130.70 [1] [c]) and the remaining count alleging a course of sexual conduct against a child in the second degree (Penal Law § 130.”
People v. Lyons, 2021 NY Slip Op 05997 (N.Y. App. Div. 2021). “35[1]) and aggravated sexual abuse in the first degree (Penal Law § 130.70[1][a]). He was sentenced to a determinate term of imprisonment of 20 years to be followed by a 5-year period of postrelease supervision.”
People v. Harp, 20 A.D.3d 672 (N.Y. App. Div. 2005). “As to each individual act, the usual requirements of specificity in alleging and proving dates and times do not apply (see People v Green, 17 AD3d 1076, 1077 [2005]; People v Colf, 286 AD2d 888, 888-889 [2001], lv denied 97 NY2d 655 [2001]; Governor’s Mem approving L 1996, ch…”
Hamm-Jones v. Jones, 267 A.D.2d 904 (N.Y. App. Div. 1999). · cites it 2× “The allegations in the petition charge respondent with various forms of sexual misconduct, the most serious of which constitutes the class B felony of aggravated sexual abuse in the first degree (see, Penal Law § 130.”
People v. Pierce, 266 A.D.2d 721 (N.Y. App. Div. 1999). “Nor are we persuaded that County Court should have *722 dismissed the charge of aggravated sexual abuse in the first degree because the People purportedly failed to prove that the female victim sustained physical injury as required by Penal Law § 130.70. She testified —…”
People v. Lackey, 36 A.D.3d 953 (N.Y. App. Div. 2007). “Defendant also contends that there is insufficient evidence of physical injury to the victim to sustain a conviction for aggravated sexual abuse in the first degree (see Penal Law § 130.70 [1] [a]). Initially, however, we note that defendant failed to preserve for our review his…”
People v. Bethune, 108 A.D.3d 1231 (N.Y. App. Div. 2013). “Defendant was convicted upon his plea of guilty of, inter alia, aggravated sexual abuse in the first degree (Penal Law § 130.70), and he was thereafter adjudicated a level three risk.”
People v. Clark, 292 A.D.2d 816 (N.Y. App. Div. 2002). “Memorandum: Defendant appeals from a judgment convicting him following a bench trial of aggravated sexual abuse in the first degree (Penal Law § 130.70 [1] [a]) and assault in the second degree (Penal Law § 120.”
People v. Renna, 132 A.D.2d 981 (N.Y. App. Div. 1987). · cites it 2× “Order unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: The court correctly determined that the evidence before the Grand Jury was legally insufficient to support two counts of aggravated sexual abuse (Penal Law § 130.70).…”
People v. Fleming, 48 Misc. 3d 451 (2015). “‘Aggravated sexual abuse in the first degree’ includes a prohibition of such conduct against a person who is less than eleven years old [Penal Law § 130.70(l)(c)]. Thus, the effect of the addition of the crime of ‘predatory sexual assault against a child’ was to upgrade the…”
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N.Y. Penal Law § 130.70(l)(c): 1 case
People v. Fleming, 48 Misc. 3d 451 (2015). “‘Aggravated sexual abuse in the first degree’ includes a prohibition of such conduct against a person who is less than eleven years old [Penal Law § 130.70(l)(c)]. Thus, the effect of the addition of the crime of ‘predatory sexual assault against a child’ was to upgrade the…”
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