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 § 130.75 (2026)

Course of sexual conduct against a child in the first degree

✓ current as of May 2026
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§ 130.75 Course of sexual conduct against a child in the first degree.
  1. A person is guilty of course of sexual conduct against a child in
the first degree when, over a period of time not less than three months
in duration:
  (a) he or she engages in two or more acts of sexual conduct, which
includes at least one act of vaginal sexual contact, oral sexual
contact, anal sexual contact or aggravated sexual contact, with a child
less than eleven years old; or
  (b) he or she, being eighteen years old or more, engages in two or
more acts of sexual conduct, which include at least one act of vaginal
sexual contact, oral sexual contact, anal sexual contact or aggravated
sexual contact, with a child less than thirteen years old.
  2. A person may not be subsequently prosecuted for any other sexual
offense involving the same victim unless the other charged offense
occurred outside the time period charged under this section.
  Course of sexual conduct against a child in the first degree is a
class B felony.
Notes of Decisions
Cited in 346 cases (73 in the last 5 years), 1998–2026 · leading case: The People v. Luis A. Pabon, 65 N.E.3d 688 (N.Y. 2016).
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The People v. Luis A. Pabon, 65 N.E.3d 688 (N.Y. 2016). · cites it 8× “Defendant was indicted on one count of course of sexual conduct in the first degree (Penal Law § 130.75 [1][a]) for acts committed between 1998 and 1999 when he sexually assaulted AM, the seven-year-old daughter of defendant's former lover.”
People v. Beauharnois, 64 A.D.3d 996 (N.Y. App. Div. 2009). · cites it 4× “Defendant next argues that his conviction on count two— course of sexual conduct against a child in the first degree (see Penal Law § 130.75 [1] [b])—should be dismissed as a lesser included offense of count three—predatory sexual assault *1000 against a child (see Penal Law §…”
State v. Bey, 156 A.3d 873 (Md. 2017). · cites it 2× “5 (West 1999); NY. Penal Law § 130.75 (McKinney 1997 & Supp.”
People v. Otway, 71 A.D.3d 1052 (N.Y. App. Div. 2010). · cites it 8× “*1053 Ordered that the judgment is modified, on the facts, by vacating the defendant’s conviction of course of sexual conduct against a child in the first degree, in violation of Penal Law § 130.75 (1) (a), as charged in count one of the indictment, vacating the sentence imposed…”
People v. Rosario, 958 N.E.2d 93 (N.Y. 2011). · cites it 2× “Defendant was arrested and subsequently indicted for first-degree course of sexual conduct against a child (Penal Law § 130.75 [1] [b] [being at least 18 years old and engaging in two or more acts of sexual conduct over a period of time not less than three months in duration…”
The People v. Gordon Gross, 47 N.E.3d 738 (N.Y. 2016). · cites it 2× “Defendant Gordon Gross was accused of child sexual abuse, which resulted in him being indicted for course of sexual conduct against a child in the first degree (see Penal Law § 130.75 [1] [b]) and endangering the welfare of a child (see Penal Law § 260.”
Englert v. Lowerre, 115 F.4th 69 (2d Cir. 2024). · cites it 5× “Englert, II, who stands convicted in New York of engaging in a course of sexual conduct against a child in the first degree, see N.Y. Penal Law § 130.75 (1)(a), appeals from a judgment of the United States District Court for the Western District of New York (Siragusa, J.”
People v. Gravino, 928 N.E.2d 1048 (N.Y. 2010). · cites it 2× “35 [3]), based on allegations that he sexually abused a young girl from the age of seven until she reported the abuse at the age of 10. On April 10, 2007, Ellsworth pleaded *552 guilty to one count of course of sexual conduct against a child in the second degree (Penal Law § 130.”
The People v. Christopher A. Nicholson, 48 N.E.3d 944 (N.Y. 2016). “L Defendant, Christopher Nicholson, challenges his conviction, after a jury trial, on one count of course of sexual conduct against a child in the first degree (Penal Law § 130.75 [1]), arising from his sexual abuse of his daughter, D.”
The People v. Daniel A. Ludwig, 21 N.E.3d 1012 (N.Y. 2014). · cites it 2× “96); specifically, that between April 25, 2008 and June 30, 2009, defendant, being 18 years of age or more, committed the crime of course of sexual conduct against a child in the first degree (Penal Law § 130.75 [1] [b]) in that he engaged in two or more acts of sexual conduct,…”
People v. Thornton, 141 A.D.3d 936 (N.Y. App. Div. 2016). · cites it 2× “[and] being [18] years old or more, engage[d] in two or more acts of sexual conduct, which include at least one act of sexual intercourse .”
People v. Diaz, 988 N.E.2d 473 (N.Y. 2013). “He was charged with course of sexual conduct against a child in the first and second degrees (Penal Law §§ 130.75 [1] [a]; 130.80 [1] [a]) and endangering the welfare of a child (Penal Law § 260.”
Show all 346 citing cases →
N.Y. Penal Law § 130.75(1)(a): 7 cases
People v. Jones, 2020 NY Slip Op 3406 (N.Y. App. Div. 2020).
People v. O'Keefe, 2025 NY Slip Op 50909(U) (N.Y. Cty. Ct., Warren Cty. 2025).
Reinard v. State of New York (W.D.N.Y. 2021).
People v. O'Keefe, 2025 NY Slip Op 50909(U) (N.Y. Cty. Ct., Warren Cty. 2025).
People v. O'Keefe, 2025 NY Slip Op 50909(U) (N.Y. Cty. Ct., Warren Cty. 2025).
N.Y. Penal Law § 130.75(1)(b): 4 cases
People v. Ortiz, 2020 NY Slip Op 07226 (N.Y. App. Div. 2020).
People v. Epps, 2026 NY Slip Op 03181 (N.Y. App. Div. 2026).
Finster v. Eckert (N.D.N.Y. 2020).
People v. Mendoza, 2022 NY Slip Op 06499 (N.Y. App. Div. 2022).
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