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Queens Chronicle

Teen charged in felony fast-food sex assault on girl, 4

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Posted: Thursday, August 8, 2013 3:57 pm | Updated: 9:34 am, Fri Aug 9, 2013.

A 14-year-old boy has been charged with sexually assaulting a 4-year-old girl at a McDonald's in Jamaica.

The alleged assault occurred at 8:25 pm. Aug. 6 inside a "tubular play structure" in the children's play area of the fast-food joint at 181-25 Hillside Ave., the NYPD said.

Police had released a surveillance video of the suspect on the morning of Aug. 7, along with a description in which his age was estimated to be 18 to 30. But the next day they announced the suspect's age to be 14. Due to his age, the Queens Chronicle declines to post the surveillance video or any screenshot from it.

The teenager was charged with first-degree criminal sexual act, a class B felony, because the victim was less than 11 years old. There are three degrees of criminal sexual act in the State of New York. Below are the definitions of the crime, as listed in an online database. First-degree criminal sexual act is the last of the three charges listed.

 S 130.40 Criminal sexual act in the third degree.

 A person is guilty of criminal sexual act in the third degree when:

 1. He or she 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 seventeen years old;

 2. Being twenty-one years old or more, he or she engages in oral sexual conduct or anal sexual conduct with a person less than seventeen years old; or

 3. He or she 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.

 Criminal sexual act in the third degree is a class E felony.

S 130.45 Criminal sexual act in the second degree.

 A person is guilty of criminal sexual act in the second degree when:

 1. being eighteen years old or more, he or she engages in oral sexual conduct or anal sexual conduct with another person less than fifteen years old; or

 2. he or she 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 in subdivision one of this section that the defendant was less than four years older than the victim at the time of the act.

 Criminal sexual act in the second degree is a class D felony.

S 130.50 Criminal sexual act in the first degree.

 A person is guilty of criminal sexual act in the first degree when he or she 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 eleven years old; or

 4. Who is less than thirteen years old and the actor is eighteen years

old or more.

 Criminal sexual act in the first degree is a class B felony.

UPDATE

This story was updated to reflect the following: The precise charge the defendant faces is criminal sexual act in the first degree, a police spokesman said Thursday night.

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