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New York Penal Code 130.91: Sexually Motivated Felony

May 3, 2017 New York Penal Code

Nobody ever wants a felony conviction to their name, but a sexually based offense is particularly troubling. Such a conviction on your record can result in immense hardship, making it difficult to earn a living and to keep connections with family and friends. If you are charged with a sexually motivated felony in New York, you are looking at spending between 18 months and 4 years in prison. After that point, you will be on probation and the record will follow you with for the rest of your life. This is for a class E felony. If the charge is a class B felony, yo9u are looking at between 5 years and 25 years in prison. This is precisely why you need a NYC criminal lawyer fighting on your side.

Sexually Motivated Felony in New York Explained

The definition of a sexually motivated felony is found in New penal code 130.91. There, a total of 29 crimes are listed as being the foundation for such a charge to be levied against the accused. These include: assault in either the first or second degree, stalking in the first degree, strangulation in either the first or second degree, manslaughter in the first or second degree, murder or kidnapping in either the first or second degree, arson, robbery, burglary, and promoting prostitution. If any of these crimes are committed with a sexual motive in mind, the charge of sexually motivated felony can result.

Obviously, the more severe the violent nature of the crime, the more serious the charge will be. Certain crimes, such as murder and assault, may carry a violent conniption which increases the possible jail sentence that will be levied if convicted. In order to aggressively defend against these charges, NYC criminal lawyers will examine the case from a variety of angles. Prosecutors will need to prove that there was a sexual motivation behind the commission of such crimes.

Possible Defenses Against a Sexually Motivated Felony

It is important to note that a charge relating to a sexually motivated felony is viewed as both a sex crime and a violent felony in the eyes of the law. As such, a mandatory minimum sentence will be imposed if found guilty. Charges can range from a class B felony to a class E felony. A criminal attorney will set out to determine intent in such cases. In order for the prosecution to prove its case, it will need to show that the accused had a blatant and obvious sexual motivation behind the commission of the crime. This is important because the sentence in such cases is elevated because of the added sexual component. If a criminal lawyer can disprove this, then the sentence will be noticeably reduced if the accused is found guilty of the felony.

Another possible is to look at the statute of limitations on the crime. This must be brought to trial before the time period runs out, so that is an important consideration as well. It is important to remember that you are innocent of this crime until you are proven guilty. Your NYC criminal attorney will work hard on your behalf to make sure that the truth comes out at trial.

It is important to fight a charge of sexually motivated felony because New York requires those convicted of this crime to submit to a lifetime of sex offender registration. This is definitely a black mark against your name, and it will make it difficult to more fully assimilate back into society. You need to protect your legal rights in such an event.



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