new york penal code 130 95 predatory sexual assault

Predatory sexual assault is one of the most serious sex crimes in New York’s criminal code. It is classified as a class A-II felony, which is the second most serious felony classification in New York[1]. Let’s take a closer look at this law and what it means.

What is Predatory Sexual Assault?

Under New York Penal Code 130.95, a person is guilty of predatory sexual assault when they commit one of the following crimes[5]:

• Rape in the first degree
• Criminal sexual act in the first degree
• Aggravated sexual abuse in the first degree
• Course of sexual conduct against a child in the first degree

And when, in the course of committing the crime or fleeing from the scene, they[4]:

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Legal Scenario: What Would You Do?

Scenario

A man in New York has been arrested and charged under Penal Code 130.95 after being accused of committing a sexual assault against a victim under 13 years old, with prosecutors alleging he has a prior conviction for a sex offense. He is being held without bail and has been told he faces a mandatory life sentence if convicted.

What exactly does a predatory sexual assault charge mean for me, and is there any possibility of avoiding a life sentence?

Attorney's Answer

Under New York Penal Code 130.95, predatory sexual assault is a class A-II felony that applies when a person commits a first-degree sexual offense under aggravating circumstances, such as the victim being under 13 or the defendant having a prior felony sex conviction. A conviction carries a minimum sentence of 10 to 25 years and a maximum of life in prison, with the court having no discretion to impose less than the mandatory minimum. Because of the severity of these charges, every element of the prosecution's case must be challenged aggressively — from the identification procedures used to the forensic evidence and the alleged prior conviction. An experienced criminal defense attorney can evaluate whether constitutional violations occurred during the investigation and whether the aggravating factors the prosecution relies on can actually be proven beyond a reasonable doubt.

This is general information only. Contact us for advice specific to your situation.

• Cause serious physical injury to the victim
• Use or threaten to use a dangerous instrument
• Display what appears to be a firearm

So in plain terms, predatory sexual assault involves committing a very serious sexual crime against someone, and causing additional physical harm or threatening even greater harm in the process. This combination of a severe sexual crime and increased violence or threat makes it a very serious offense under New York law.

Penalties for Predatory Sexual Assault