If you commit a felony offense, such as kidnapping, assault, or burglary for the purpose of receive sexual gratification, you will have also committed the sex offense of sexually motivated felony as dictated in New York Penal Code section 130.91. To face this charge, the felony offense that you commit or attempt to commit has to be a specific felony listed in the sexually motivated felony statute.
Felonies That Qualify Under the Statute
The list includes 29 felonies that fall under the categories of:
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(212) 300-5196- Crimes of Assault
- Crimes involving Murder and Manslaughter
- Crimes involving Kidnapping
- Crimes involving the Property of Others
- Crimes of Arson
- Crimes of Theft
- Crimes of Prostitution and Obscenity
On top of committing a felony in one of these categories, you must also commit, attempt to commit, or have the intent to commit a sex crime.
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A man was arrested for breaking into his ex-girlfriend's apartment, and prosecutors are now arguing that the burglary was sexually motivated based on text messages found on his phone. He is facing both the burglary charge and an additional charge under NY Penal Law § 130.91 for sexually motivated felony.
How does being charged with a sexually motivated felony under § 130.91 change the severity of my case compared to a standard burglary charge?
A sexually motivated felony under NY Penal Law § 130.91 is an extremely serious enhancement that effectively layers a sex offense on top of your underlying felony charge. If convicted, you would not only face the penalties for the burglary itself but also mandatory sex offender registration under SORA, which carries lifelong consequences for where you can live and work. The prosecution must prove beyond a reasonable doubt that sexual gratification was your purpose in committing or attempting the specified felony, and challenging that intent element is often a critical part of the defense strategy. Given that the evidence against you appears to rely heavily on text messages, a skilled defense attorney can challenge the context and interpretation of those communications to argue they do not establish the requisite sexually motivated intent.
This is general information only. Contact us for advice specific to your situation.
