NY Penal Law § 130.95: Predatory Sexual Assault

Predatory sexual assault is one of the most serious crimes in New York's criminal code. It is one of just two sex crime classified as class A-II felonies. If convicted you could end up spending the rest of your life in prison. Under New York Penal Code § 130.95 you have committed the crime of predatory sexual assault if you:

1. Commit the crime 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 you also seriously injure the victim or threaten the immediate use of a dangerous instrument;
2. Commit one of the listed sex crimes against more than one person; or
3. Also have a prior conviction for a felony sex offense, incest or use of a child in a sexual performance.

A man forcibly compels a woman to perform oral sex on him and then forcibly subjects her to anal intercourse. A few days later 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. This man's actions amount to predatory sexual assault because by using forcible compulsion to make two different women have sex with him, he committed the crimes of criminal sexual act in the first degree and rape in the first degree. Thus, the prosecutor could charge him with predatory sexual assault based on committing sex crimes against more than one person.

1. Rape in the first degree: New York Penal Code § 130.35
2. Criminal sexual act in the first degree: New York Penal Code § 130.50
3. Aggravated sexual abuse in the first degree: New York Penal Code § 130.70
4. Course of sexual conduct against a child in the first degree: New York Penal code § 130.75
5. Incest in the third degree: New York Penal Code § 255.25
6. Use of a child in a sexual performance: New York Penal Code § 263.05

Defenses to a charge of predatory sexual assault would have to dispel the elements of the underlying sex crime. For example, if you are accused of criminal sexual abuse in the first degree or rape in the first degree based on the use of force, a good defense would be to show that the sex was consensual. Or you could show that that victim was not seriously injured.

Predatory sexual assault is considered to be a particularly heinous crime. The consequences of conviction include prison, post-release supervision, and sex offender registration.

The maximum sentence is life in prison. However, if you do not have a prior criminal history, the minimum sentence is 10-20 years in prison. For second time felony offenders, the minimum sentence is 15 years in prison, while persistent felony offenders will be sentenced to at least 25 years in prison. Once you are released from prison, you will have to serve a term of post-release supervision.

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

A person is guilty of predatory sexual assault when he or she commits the crime 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, as defined in this article, and when:

1. In the course of the commission of the crime or the immediate flight therefrom, he or she:

   1. Causes serious physical injury to the victim of such crime; or
   2. Uses or threatens the immediate use of a dangerous instrument; or

2. He or she has engaged in conduct constituting the crime 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, as defined in this article, against one or more additional persons; or

3. He or she has previously been subjected to a conviction for a felony defined in this article, incest as defined in § 255.25 of this chapter or use of a child in a sexual performance as defined in § 263.05 of this chapter.

The consequences of being convicted of predatory sexual assault as well as any other sex crime are devastating and will impact both your life and the lives of your loved ones. Thus, it is critical to seek experienced representation to help you fight such charges. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with sex crimes such as aggravated sexual abuse, criminal sexual act in the first degree as well as other sex crimes such as sexual misconduct, criminal sexual act, forcible touching, sexual abuse, sexual conduct against child, female genital mutilation, and facilitating a sexual offense with a controlled substance. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.