NY Penal Law § 130.96: Predatory Sexual Assault Against a Child

Predatory sexual assault is described in New York Penal Code § 130.96 as a criminal offense that involves committing 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 who is less than 13 years old, and you are at least 18 years old. As predatory sexual assault against a child is one of the most serious sex crimes, it is one of just two sex crime that are class A-II felonies.

A 12 year old boy confided with a teacher that over the course of a year a man had been having anal sex with him. He also stated that the same man had been touching his genitals since he was 6 years old. Because he was accused of the crimes of criminal sexual act in the first degree as well as course of sexual conduct against a child and the child was less than 13, the man could be prosecuted for predatory sexual assault against a child as well as criminal sexual assault and course of sexual conduct against a child.

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

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 based on having anal sex with a child, a good defense would be to show that you never had anal sex with the child, or that the child was over the age of 13.

If you are convicted of predatory sexual assault against a child you could be sent to prison for the rest of your life. If you have one or more prior felony convictions, the minimum number of years you will spend in prison is 15-25 years. However, if you do not have a prior criminal history, the minimum prison sentence is 10-20 years.

Following a conviction of predatory sexual assault against a child you will be a registered sex offender under the New York Sex Offender Registration Act (SORA). This means that personal information about you and details about your crimes will be put in a special database maintained by law enforcement. You will be required to regularly verify and update this information. The law requires that you follow these requirements for a minimum of 20 years and perhaps for the rest of your life.

A person is guilty of predatory sexual assault against a child when, being eighteen years old or more, 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 the victim is less than thirteen years old.

If you are convicted of predatory sexual assault against a child you will end up in prison for several years and perhaps for the rest of your life. You need experienced representation who understands the laws related to sex crimes, who understands how to apply defenses, and who understands the New York criminal justice system. 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.