2021 Clery Act Campus Safety Report

VII. New York State Penal Law Definitions

Rape and sexual assault, such as sexual abuse, constitute crimes. Such behavior is prohibited by the following sections of the New York State Penal Law:

  1. 130.20 Sexual Misconduct is a Class A Misdemeanor. A person is guilty of sexual misconduct when:
    1. S/he engages in sexual intercourse with another person without such person’s consent; or
    2. S/he engages in oral sexual conduct or anal sexual conduct with another person without such person’s consent; or
    3. S/he engages in sexual conduct with an animal or a dead human body.
  2. 130.25 Rape in the Third Degree is a Class E Felony. A person is guilty of rape in the third degree when:
    1. S/he engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than 17 years old; or
    2. Being 21 years old or more, s/he engages in sexual intercourse with a person less than 17 years old; or
    3. S/he engages in sexual intercourse with another person without such person’s consent where such lack of consent is by reason of some factor other than incapacity to consent.
  3. 130.30 Rape in the Second Degree is a Class D Felony. A person is guilty of rape in the second degree when:
    1. Being 18 years old or more, s/he engages in sexual intercourse with a person less than 15 years old; or
    2. S/he engages in sexual intercourse with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated. It shall be an affirmative defense to the crime of rape in the second degree as defined in subdivision one of this section that the defendant was less than four years older than the victim at the time of the act.
  4. 130.35 Rape in the First Degree is a Class B Felony. A person is guilty of rape in the first degree when s/he engages in sexual intercourse with another person:
    1. By forcible compulsion; or
    2. Who is incapable of consent by reason of being physically helpless; or
    3. Who is less than 11 years old; or
    4. Who is less than 13 years old and the act is committed by a person 18 years old or more.
  5. 130.40 Criminal Sexual Act in the Third Degree is a Class E Felony. A person is guilty of criminal sexual act in the third degree when:
    1. S/he engages in oral sexual conduct or anal sexual conduct with a person who is incapable of consent by reason of some factor other than being less than 17 years old; or
    2. Being 21 years old or more, s/he engages in oral sexual conduct or anal sexual conduct with a person less than 17 years old; or
    3. S/he engages in oral sexual conduct or anal sexual conduct with another person without such person’s consent where such lack of consent is by reason of some factor other than incapacity to consent.
  6. 130.45 Criminal Sexual Act in the Second Degree is a Class D Felony. A person is guilty of criminal sexual act in the second degree when:
    1. Being 18 years old or more, s/he engages in oral sexual conduct or anal sexual conduct with another person less than 15 years old; or
    2. S/he engages in oral sexual conduct or anal sexual conduct with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated. It shall be an affirmative defense to the crime of criminal sexual act in the second degree as defined by subdivision one of this section that the defendant was less than four years older than the victim at the time of the act.
  7. 130.50 Criminal Sexual Act in the First Degree is a Class B Felony. A person is guilty of criminal sexual act in the first degree when s/he engages in oral sexual conduct or anal sexual conduct with another person:
    1. By forcible compulsion; or
    2. Who is incapable of consent by reason of being physically helpless; or
    3. Who is less than 11 years old; or
    4. Who is less than 13 years old and the act is committed by a person 18 years old or more.
  8. 130.52 Forcible Touching is a Class A Misdemeanor. A person is guilty of forcible touching when such person intentionally, and for no legitimate purpose, forcibly touches the sexual or intimate parts of another person for the purpose of degrading or abusing such person; or for the purpose of gratifying the actor’s sexual desire.

    For the purposes of this section, forcible touching includes squeezing, grabbing or pinching.
  9. 130.53 Persistent Sexual Abuse is a Class E Felony. A person is guilty of persistent sexual abuse when s/he commits the crime of forcible touching, as defined in section 130.52 of this article, sexual abuse in the third degree, as defined in section 130.55 of this article, or sexual abuse in the second degree, as defined in section 130.60 of this article, and, within the previous 10-year period, has been convicted two or more times, in separate criminal transactions for which sentence was imposed on separate occasions, of forcible touching, as defined in section 130.52 of this article, sexual abuse in the third degree as defined in section 130.55 of this article, or sexual abuse in the second degree, as defined in section 130.60 of this article, or any offense defined in this article, of which the commission or attempted commission thereof is a felony.
  10. 130.55 Sexual Abuse in the Third Degree is a Class B Misdemeanor. A person is guilty of sexual abuse in the third degree when s/he subjects another person to sexual contact without the latter’s consent; except that in any prosecution under this section, it is an affirmative defense that (a) such other person’s lack of consent was due solely to incapacity to consent by reason of being less than 17 years old, and (b) such other person was more than 14 years old, and (c) the defendant was less than five years older than such other person.
  11. 130.60 Sexual Abuse in the Second Degree is a Class A Misdemeanor. A person is guilty of sexual abuse in the second degree when s/he subjects another person to sexual contact and when such other person is:
    1. Incapable of consent by reason of some factor other than being less than 17 years old; or
    2. Less than 14 years old.
  12. 130.65 Sexual Abuse in the First Degree is a Class D Felony. A person is guilty of sexual abuse in the first degree when s/he subjects another person to sexual contact:
    1. By forcible compulsion; or
    2. When the other person is incapable of consent by reason of being physically helpless; or
    3. When the other person is less than 11 years old.
  13. 130.65 Aggravated Sexual Abuse in the Fourth Degree is a Class E Felony. A person is guilty of aggravated sexual abuse in the fourth degree when:
    1. S/he inserts a foreign object in the vagina, urethra, penis or rectum of another person and the other person is incapable of consent by reason of some factor other than being less than 17 years old; or
    2. S/he inserts a finger in the vagina, urethra, penis or rectum of another person causing physical injury to such person and such person is incapable of consent by reason of some factor other than being less than 17 years old.
    3. Conduct performed for a valid medical purpose does not violate the provisions of this section.
  14. 130.66 Aggravated Sexual Abuse in the Third Degree is a Class D Felony
    1. A person is guilty of aggravated sexual abuse in the third degree when s/he inserts a foreign object in the vagina, urethra, penis or rectum of another person:
      • By forcible compulsion; or
      • When the other person is incapable of consent by reason of being physically helpless; or
      • When the other person is less than 11 years old.
    2. A person is guilty of aggravated sexual abuse in the third degree when s/he inserts a foreign object in the vagina, urethra, penis or rectum 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.
  15. 130.67 Aggravated Sexual Abuse in the Second Degree is a Class C Felony.
    1. A person is guilty of aggravated sexual abuse in the second degree when s/he inserts a finger in the vagina, urethra, penis or rectum of another person causing physical injury to such person:
      • By forcible compulsion; or
      • When the other person is incapable of consent by reason of being physically helpless; or
      • When the other person is less than 11 years old.
    2. Conduct performed for a valid medical purpose does not violate the provisions of this section.
  16. 130.70 Aggravated Sexual Abuse in the First Degree is a Class B Felony.
    1. A person is guilty of aggravated sexual abuse in the first degree when s/he inserts a foreign object in the vagina, urethra, penis or rectum of another person causing physical injury to such person:
      • By forcible compulsion; or
      • When the other person is incapable of consent by reason of being physically helpless; or
      • When the other person is less than 11 years old.
    2. Conduct performed for a valid medical purpose does not violate the provisions of this section.
  17. 130.90 Facilitating a Sex Offense with a Controlled Substance is a Class D Felony. A person is guilty of facilitating a sex offense with a controlled substance when s/he:
    • Knowingly and unlawfully possesses a controlled substance or any preparation, compound, mixture or substance that requires a prescription to obtain and administers such substance or preparation, compound, mixture or substance that requires a prescription to obtain to another person without such person’s consent and with intent to commit against such person conduct constituting a felony defined in this article; and
    • Commits or attempts to commit such conduct constituting a felony defined in this article.

POSSIBLE PENALTIES FOR SEXUAL ASSAULT OFFENSES

The New York State Penal Law provides for the following possible penalties for the various classifications of sexual assault offenses:

Class B Felony Imprisonment for 5 to 25 years
Class C Felony Imprisonment for 3 1/2 to 15 years
Class D Felony Imprisonment for 2 to 7 years
Class E Felony Imprisonment for 1 1/2 to 4 years
Class A Misdemeanor Imprisonment for up to 1 year
Class B Misdemeanor Imprisonment for up to 3 months

 

VIII. Campus Crime Statistics

In accordance with provisions of the Clery Act, the following data are presented to review crime activity both on campus and on streets adjacent to campus property. Reported on-campus offenses include all offenses reported on campus property and in campus buildings. A specific breakdown of offenses occurring in SUNY Brockport-owned residence halls appears under “residence halls.”

Another category, “public property,” includes thoroughfares, streets, sidewalks and parking facilities immediately adjacent to the campus.

This section on campus crime statistics also includes arrests and disciplinary referrals made to campus authorities for alcohol, drugs, and weapons possession. As defined by the Clery Act, a disciplinary referral is an instance when a student is formally reported in writing to student conduct for possible sanctions.

As required by the Clery Act, SUNY Brockport includes hate crimes in this report. A hate crime is a criminal offense that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim, and occurs when a person is victimized intentionally because of their actual or perceived race, gender, religion, sexual orientation, ethnicity, national origin, disability, or gender identity. For the purposes of this report, the hate crimes identified are those related to the offenses that appear in the accompanying crime statistics chart.

This report is prepared annually by the Chief of University Police. The crime statistics presented are based on reports filed with University Police as well as crimes reported to the other College offices noted in section IA. Formal requests for crime statistics in areas defined as “public property” were made to the Brockport Police Department, the Monroe County Sheriff’s Department or the Rochester Police Department, since Brockport Downtown is located at 161 Chestnut Street in downtown Rochester. This facility is considered a “non-campus building” for Clery Act purposes. Reportable offenses, as defined in the Uniform Crime Report and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, are listed on page 20 of this report. Requests for a copy of the State University of New York at Brockport crime statistics, as reported annually to the U.S. Department of Education, will be provided upon request to either the Vice President for Enrollment Management and Student Affairs at (585) 395-2137 or to the Chief of University Police at (585) 395-2226.

For additional information, please access the U.S. Department of Education’s Campus Security Statistics Web site or visit Clery Center for Security on Campus.

Campus Crime Statistics as Defined by the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act

Appendix A

Appendix B

Table of Contents