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NY Penal Law § 130.95: Predatory Sexual Assault

June 23, 2020 Federal Criminal Attorneys

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.  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: 

  • 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

Also have at least one prior conviction for a felony sex offense, incest or use of a child in a sexual performance.

 

Example

A woman is forcibly compels by a man to perform oral sex on him and then he forcibly subjects her to anal intercourse. A few after commiting that crime, the same man forcibly touched the breasts of another woman with his hands and mouth, forced her to perform oral sex on him and forcibly subjected her to sexual intercourse. The sum total of this man’s actions amount to predatory sexual assault.  By employing forcible compulsion to subject two different women to sexual acts, he committed the crimes of criminal sexual act in the first degree and rape in the first degree. Therefore, the prosecutor could also charge him with predatory sexual assault on the basis of his commission of sex crimes against more than one person.

 

Offenses that are Related

Rape in the first degree: New York Penal Code § 130.35

Aggravated sexual abuse in the first degree: New York Penal Code § 130.70

Criminal sexual act in the first degree: New York Penal Code § 130.50

Incest in the third degree: New York Penal Code § 255.25

Use of a child in a sexual performance: New York Penal Code § 263.05

Course of sexual conduct against a child in the first degree: New York Penal code § 130.75

 

Possible Defenses

Any defense to a charge of predatory sexual assault would need to dispel the critical components of the underlying sex crime. For instance, if you get accused of criminal sexual abuse in the first degree or rape in the first degree based on the use of force, a valid defense would be to demosntrate that the sex was consensual. Alternatively, you could demonstrate that that victim was not seriously injured.

 

The Sentence

Predatory sexual assault is considered to be a particularly egregious crime. The repercussions of conviction include jail time, supervision post-release, and sex offender registration.

 

The maximum sentence for this crime is life in prison. However, if you have no prior criminal history, the minimum sentence for this offense is 10-20 years in prison. For a second time felony offender, the minimum sentence is 15 years behind bars, while persistent felony offenders will face sentences of at least 25 years in prison. Then, when you are released from prison, you will also serve a term of post-release supervision.

 

Being convicted of predatory sexual assault means you will also be required to register as a sex offender as mandated by the New York Correction Law § 168, also known as the Sex Offender Registration Act (SORA).

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