The issue focused on the case of a New York man who was charged with two counts of second-degree criminal sexual act. The first count was for "lewd and lascivious conduct" and the second for "unlawful sexual contact." The first count was for "lewd and lascivious conduct" and the second for "unlawful sexual contact."

The New York State Court of Appeals found the first count to be a false report, and the second to be a false