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New York Penal Code 130 95 Predatory Sexual Assault

By Spodek Law Group | July 17, 2023
(Last Updated On: October 15, 2023)

Last Updated on: 15th October 2023, 01:09 pm

New York Penal Code 130.95 Predatory Sexual Assault

New York Penal Code 130.95 covers the crime of predatory sexual assault. This is considered one of the most serious sex crimes in New York, classified as a Class A-II felony. It carries a maximum sentence of life in prison upon conviction[1].

What Constitutes Predatory Sexual Assault?

Under NY Penal Code 130.95, a person commits predatory sexual assault if they[2]:

  • Commit 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 seriously injure the victim or threaten them with a dangerous instrument
  • Commit one of those sex crimes against more than one person
  • Have a prior felony conviction for a sex offense, incest, or use of a child in a sexual performance

For example, if a man used force to make a woman perform oral sex and then forcibly subjected her to anal intercourse, and then a few days later did similar acts with another woman, he could be charged with predatory sexual assault. This is because he committed first degree criminal sexual act and first degree rape against multiple victims through forcible compulsion[1].

Penalties and Sentencing

Predatory sexual assault is considered an extremely serious crime in New York. Potential penalties include[1]:

  • Up to life in prison. For defendants with no prior criminal record, the minimum sentence is 10-20 years. For second time felony offenders, the minimum is 15 years. For persistent felons, the minimum is 25 years.
  • Post-release supervision after prison time is completed
  • Registration as a sex offender under SORA (NY Sex Offender Registration Act) for a minimum of 20 years

Possible Defenses

Some potential defenses to predatory sexual assault charges include[3]:

  • Consent: Providing evidence the sexual acts were consensual and not compelled through force. This could lead to reduced or dismissed charges.
  • Mistaken identity: Demonstrating you are not the actual perpetrator of the alleged crimes.
  • False accusations: There may be motives for the accusers to fabricate allegations, such as custody disputes. Thorough investigation into backgrounds and credibility of accusers may uncover issues.
  • Intoxication: If you were intoxicated during the alleged acts, you may have been unable to form the requisite criminal intent. Voluntary intoxication is not an absolute defense but can be used to argue for reduced charges.

Predatory sexual assault charges often relate to other sex crimes under NY law[4]:

  • Rape in the First Degree – Penal Code 130.35
  • Criminal Sexual Act in the First Degree – Penal Code 130.50
  • Aggravated Sexual Abuse in the First Degree – Penal Code 130.70
  • Course of Sexual Conduct Against a Child in the First Degree – Penal Code 130.75
  • Incest in the Third Degree – Penal Code 255.25
  • Use of a Child in a Sexual Performance – Penal Code 263.05

Defenses that refute elements of the underlying charges can defeat a predatory sexual assault charge. For example, arguing the alleged victim consented or was not seriously injured.

Impact on Immigration Status

A predatory sexual assault conviction can lead to severe immigration consequences for non-citizens, including deportation and denial of re-entry to the U.S. [5]. However, an experienced criminal defense attorney may be able to negotiate a plea deal to lesser charges that avoid triggering deportation under immigration law.

The Importance of an Experienced Sex Crimes Defense Attorney

Facing allegations as serious as predatory sexual assault can feel overwhelming. But an experienced NY sex crimes lawyer can thoroughly analyze the prosecution’s evidence and build the strongest defense to either beat the charges or mitigate penalties. Do not hesitate to consult an attorney if you or a loved one is charged under NY Penal Code 130.95. An effective legal advocate can make all the difference[6].

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