New York Sexually Motivated Felony

Under the New York Penal Code you have committed a sexually motivated felony if you commit a specified crime that is classified as a felony in order to receive sexual gratification. It is also a sexually motivated felony if you attempt to commit or conspire to commit such a crime. There are 29 crimes that can serve as the basis for a sexually motivated felony. These crimes include rape, murder, burglary, kidnapping and prostitution. The impact of committing any of the underlying felonies with a sexual motivation is that the underlying felony will immediately be deemed more serious and labeled a "violent felony offense." N.Y. Pen. Law § 70.02. As a result the possible sentence may be much more significant. If you are arrested and charged with a sexually motivated felony or any sex crime, it is important that you immediately contact an experienced New York sex crimes lawyer who will aggressively defend you against the charges. The attorneys at the Law Offices of Stephen Bilkis & Associates have decades of experience representing clients who have been charged with sex crimes and other serious crimes such as assault, domestic violence and kidnapping. Find out what we can do for you by contacting us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case.

The underlying crimes

Under N.Y. Pen. Law § 130.91 there are 29 crimes that can serve as the basis for a sexually motivated felony some of which are assault in the first and second degree, stalking in the first degree, strangulation in the first and second degree, manslaughter in the first and second degree, murder in the first and second degree, kidnapping in the first and second degree, burglary in the first, second and third degree, arson in the first and second degree, robbery in the first and second degree, and promoting prostitution in the first and second degree.

Sentencing and other consequences

When a crime has an added component of a sexual motivation it becomes both a sex crime and a violent felony. This means that instead of being sentenced as a felony you will be sentenced under the rules for violent felonies. Under the New York Penal Code, unlike other felonies violent felonies have determinate sentences meaning that there are mandatory minimum sentences. N.Y. Pen. Law § 70.02.

Prison. If the felony you are charged with is a class E felony, you will be sentenced to least 1.5 years in prison with a maximum sentence of 4 years. If the charge was not a sexually motivated felony and you were not a repeat offender, there would be no minimum sentence. If the felony is a class D felony your sentence will be between 2 years in prison and 7 years in prison. If you are convicted for a class C felony, you will be sentenced to between 3.5 and 15 years in prison. If you are convicted of a class B felony, you will be sentenced to at least 5 years in prison, with the maximum sentence being 25 years.

Sex offender registration. Another significant consequence of being convicted of a sexually motivated felony is that after you serve your sentence, not only will you have a criminal record, you will also be required to register as a sex offender. If you are convicted of robbery in the second degree, a class D felony, you would be sentenced to up to 7 years in prison. While you would have a criminal record, you would not be required to register as a sex offender. However, if you are convicted of robbery in the second degree as a sexually motivated felony, you will be sentenced to between 2 and 7 years in prison, and you will be required to register as a sex offender.

Having a criminal record and being a registered sex offender will make several aspects of both your personal and professional lives challenging. You may have a difficult time finding a job. Almost all employers will perform a criminal background check before agreeing to hire an applicant. While some may be willing to hire an applicant with a criminal record, they may have a harder time agreeing to hire someone who is a registered sex offender. Similarly, landlords also conduct background checks. Some may be willing to rent to you if you have a criminal record, but many may not be willing to rent to a registered sex offender.

Request a free confidential consultation

The consequences of being convicted of a sexually motivated felony are serious. This is why it is crucial to have someone who is knowledgeable about the New York criminal justice system support and guide you from the beginning of the case until it is resolved. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who are accused of sex crimes, as well as those who are accused of other crimes such as robbery, burglary, kidnapping, assault, stalking, strangulation, manslaughter, murder, arson, and promoting prostitution. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) 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.

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