NY Penal Law § 130.91: Sexually Motivated Felony

If you commit a felony such as assault, kidnapping or burglary in order to receive sexual gratification, you will have also committed the sex crime of sexually motivated felony (link to: http://criminaldefense.1800nynylaw.com/new-york-penal-code-130-91-sexually-motivated-felony.html) as described in New York Penal Code section 130.91. In order to face this charge the felony that you commit or attempt to commit must be a specific felony listed in the sexually motivated felony statute. The list includes 29 felonies that are:

• Assault Crimes
• Murder and Manslaughter Crimes
• Kidnapping Crimes
• Property Crimes
• Arson Crimes
• Theft Crimes
• Prostitution and Obscenity Crimes

In addition to committing that felony, you must also commit, attempt to commit, or have the intent to commit a sex crime.

The impact of committing one of the listed felonies with a sexual motivation is that the underlying felony will immediately be deemed more serious and labeled a "violent felony offense." As a result if convicted the sentence you will face will be harsher than if the crime was committed without a sexual motivation.

A man breaks into a woman's home, enters her bedroom, wakes her up and makes sexually suggestive statements to her. The woman screams, causing the man to flee. The man could be charged with sexually motivated felony based on breaking into the woman's home, which is the felony of burglary in the second degree. Even though he did not sexually assault the woman, by entering her bedroom and making sexually suggestive statements, his intent to commit a sex crime was clear.

1. Rape in the third degree: New York Penal Code section 130.35
2. Criminal sexual act in the first degree: New York Penal Code section 130.50
3. Aggravated sexual abuse in the first degree: New York Penal Code section 130.70

To effectively defend against the crime of sexually motivated felony, you would have to first show that you did not commit the underlying felony. For example, if you were charged with a burglary crime, you would need to counter testimony that you did indeed break into someone's property. You would also need to address the accusation that you committed a sex crime or intended to commit a sex crime. For example, you could show evidence that the sexual contact, if any, was consensual.

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 as well as the rules for sex crimes. Plus, you will have committed at least 2 felonies. Your sentence will include a mandatory minimum prison sentence.

In addition, because you will have committed a sex crime you will be required to register as a sex offender under the New York Sex Offender Registration Act (SORA) for at least 20 years and perhaps for the rest of your life.

1. A person commits a sexually motivated felony when he or she commits a specified offense for the purpose, in whole or substantial part, of his or her own direct sexual gratification.

2. A "specified offense" is a felony offense defined by any of the following provisions of this chapter: assault in the second degree as defined in section 120.05, assault in the first degree as defined in section 120.10, gang assault in the second degree as defined in section 120.06, gang assault in the first degree as defined in section 120.07, stalking in the first degree as defined in section 120.60, strangulation in the second degree as defined in section 121.12, strangulation in the first degree as defined in section 121.13, manslaughter in the second degree as defined in subdivision one of section 125.15, manslaughter in the first degree as defined in section 125.20, murder in the second degree as defined in section 125.25, aggravated murder as defined in section 125.26, murder in the first degree as defined in section 125.27, kidnapping in the second degree as defined in section 135.20, kidnapping in the first degree as defined in section 135.25, burglary in the third degree as defined in section 140.20, burglary in the second degree as defined in section 140.25, burglary in the first degree as defined in section 140.30, arson in the second degree as defined in section 150.15, arson in the first degree as defined in section 150.20, robbery in the third degree as defined in section 160.05, robbery in the second degree as defined in section 160.10, robbery in the first degree as defined in section 160.15, promoting prostitution in the second degree as defined in section 230.30, promoting prostitution in the first degree as defined in section 230.32, compelling prostitution as defined in section 230.33, disseminating indecent material to minors in the first degree as defined in section 235.22, use of a child in a sexual performance as defined in section 263.05, promoting an obscene sexual performance by a child as defined in section 263.10, promoting a sexual performance by a child as defined in section 263.15, or any felony attempt or conspiracy to commit any of the foregoing offenses.

While being convicted of a felony is quite serious, being convicted of a sexually motivated felony has consequences that are far more serious. This is why it is important to be represented by someone who is experienced with defending someone those charged with sex crimes. 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.