Sexual assault is generally forced sexual intercourse, sodomy, or other sexual penetration of another person—against the person’s will and without the person’s consent. And although precise definitions and punishments vary from state to state, the criminal offense of aggravated sexual assault generally includes aggravating circumstances that increase the severity of the sexual assault—such as when the assailant or perpetrator uses, displays, or threatens the victim with a deadly weapon (a gun or knife); when the assailant uses a rape drug to incapacitate the victim; or when the victim is a child under a certain age, as defined by the statute.

In New York State, sexual assault is addressed under the state's penal law as a serious criminal offense, with varying degrees of severity based on the circumstances of the crime. Forced sexual intercourse, sodomy, or other sexual penetration without consent is typically prosecuted under the laws pertaining to rape, criminal sexual act, sexual abuse, or forcible touching. Aggravated sexual assault in New York is recognized when there are aggravating circumstances, such as the use of a deadly weapon, the administration of a substance to incapacitate the victim, or when the victim is a child below a certain age. New York law defines different degrees of sexual offenses, with first-degree offenses being the most serious and involving factors that increase the severity, such as physical injury to the victim or the victim being less than 13 years old and the perpetrator being 18 years old or more. The exact charges and penalties depend on the specific details of the crime, including the age of the victim, the use of force or coercion, and the presence of aggravating factors. Penalties for these crimes can be severe, including lengthy prison sentences and mandatory registration as a sex offender.