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FROM THE DEFENSE DESK / NEW YORK PENAL LAW
5 AUG 2026 · UPDATED 20 AUG 2026 · 1 MIN READ · BY TODD A. SPODEK
THE BRIEF · FILED UNDER: NEW YORK PENAL LAW · SEX CRIMES
DOCKET NO. 230 · THE DEFENSE DESK

NY Penal Law § 130.95: Predatory Sexual Assault.

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...

Todd A. Spodek
Todd A. Spodek
MANAGING PARTNER · 5 AUG 2026 · 1 MIN READ
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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:

  • 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.

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

Example

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