A man who was convicted of committing sexual crimes while serving in the military said his risk level should be reduced because he did not break any laws in New York state.

Jason Fleming, 29, of 14141 Wilde Road, Martinville, pushed to be reduced from a level II sex offender to a level I sex offender during his risk level evaluation in Cayuga County Court Thursday.

Level II offenders are believed to pose a medium risk of re-offending and level I offenders are believed to have a low risk of re-offending.

Fleming, who was serving in the U.S. Army at the time of his conviction, was arrested for having oral sex with a subordinate enlisted woman.

Michael Conroy, Fleming's attorney, said Fleming and the victim were both drunk, over the age of 21 and voluntarily consenting to the sexual acts that took place.

Under military law, the sexual acts were considered forceful and involuntary because of the use of alcohol, Conroy said. But consensual sex by adults with or without alcohol is not illegal in New York.

District Attorney Jon Budelmann said that forcible sodomy was a crime in New York and that Fleming should still be registered as a level II sex offender.

Cayuga County Judge Thomas Leone said that while he understood Conroy's argument, he did not agree with it and set Fleming as a level II offender.