NY Penal Law § 130.95: Predatory Sexual Assault
One of the most serious crimesin New York’s criminal codeis predatory sexual assault. It is one of the two sex crime classified among the class A-II felonies. If you are convicted of this offense, you could end up spending the rest of your life in prison.
Elements of the Offense
You have committed the crime of predatory sexual assault under New York Penal Code § 130.95 if you:
You seriously injure the victim or threaten the immediate use of a dangerous instrument during the commission of:
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(212) 300-5196- rape in the first degree,
- criminal sexual act in the first degree,
- aggravated sexual abuse in the first degree, or
- course of sexual conduct against a child in the first degree, and;
Commit one of the listed sex crimes against multiple victims; or
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A man learns that he is under investigation after a former partner reported multiple incidents of sexual assault spanning several years. Detectives have contacted him requesting an interview, and he discovered that a grand jury may already be considering charges under NY Penal Law § 130.95.
What am I actually facing if I'm charged with predatory sexual assault under § 130.95, and what should I do right now?
Predatory sexual assault under NY Penal Law § 130.95 is a class A-II felony carrying a minimum sentence of 10 years to life and a maximum of 25 years to life in prison — it is one of the most severely punished offenses in New York's penal code. A conviction also requires lifetime sex offender registration under SORA and subjects you to civil confinement proceedings after your sentence. Do not speak with detectives or anyone else about this matter — anything you say can and will be used to establish the elements the prosecution needs, including that you committed a specified sex offense against more than one person or under other aggravating circumstances defined in the statute. You need an experienced criminal defense attorney immediately to intervene before charges are filed, challenge the sufficiency of the evidence, and explore every available defense including questioning witness credibility and the timeline of allegations.
This is general information only. Contact us for advice specific to your situation.
Also have at least one prior conviction for a felony sex offense, incest or use of a child in a sexual performance.
| Condition #1 | Condition #2 |
|---|---|
| Seriously injure victim OR threaten immediate use of dangerous instrument during commission of listed sex crimes | Commit listed sex crimes against multiple victims OR have prior conviction for felony sex offense, incest, or use of child in sexual performance |
