Sexual Assault of a Child that Is Predatory: New York Penal Code § 130.96

Sexual assault of a child that is predatory is one of the two seriously grave sex crimes categorized as a felony Class A-II. A conviction for this crime carries a maximum sentence of life in prison. Under New York Penal Code § 130.96, sexual assault of a child that is predatory takes place when a person commits the crime of:

  1. First degree aggravated sexual abuse; or
  2. First degree criminal sexual act; or
  3. First degree rape; or
  4. Course of sexual conduct against a child who is less than thirteen years of age and the assailant is at least eighteen years of age.
Hypothetical Case

Suppose that an adult man had been having anal intercourse over the past year with a boy who is twelve years of age. Moreover, the adult man had been inappropriately touching the boy’s genitals since the boy was six years of age. The adult man could be charged with sexual assault of a child that is predatory, criminal sexual assault that is a criminal offense, as well as the crime of course of sexual conduct against a child.

Possible Defenses

Refute commission of felony. One defensive tactic to dispute the charge of sexual assault of a child that is predatory is to provide convincing evidence that shows the qualifying felony did not occur. If a case can be put together that undermines the implication that the commission of a qualifying felony took place, then the charges will need to be dropped or changed.

Child is over thirteen years of age. If convincing evidence can be produced that shows the child was older than thirteen years of age, then there is reason to drop or change the charges.

Other lines of defense. Analyzing the details of a case and how they can be used to compromise incriminating evidence are the constructs of an effective defense against the charge of sexual assault of a child that is predatory. An expertly skilled and astutely trained defense attorney will build a case to reduce or deter a charge of sexual assault of a child that is predatory.

Possible Sentence

Imprisonment. A person convicted of sexual assault of a child that is predatory is viewed with disfavor in the courts. The crime is considered repugnant. The deciding judge has the option of sentencing the convicted person to a maximum of life in jail. If the convicted has no prior criminal conviction, the minimum sentence could be ten to twenty years behind bars. If the convicted has had one or more prior convictions, the minimum sentence is fifteen to twenty-five years in prison.

Registration as sex offender. Sexual assault of a child that is predatory is a registrable offense per the New York Correction Law § 168. A registrable offense means that the convicted person must register with a law enforcement agency in New York as a sex offender. A person convicted of sexual assault of a child that is predatory must register as a sex offender for a minimum of twenty years and possibly for the rest of their life.

The sex offender registration information required includes name, address, work address, school, photograph, aliases, email address, internet handles, crimes, and victim attributes. Registration as a sex offender demands regular updates to the database. For example, each time a convicted person who must register as a sex offender moves to a new home, the sex offender must update the new home address in the database.

NY Penal Code § 130.96: sexual assault of a child that is predatory

To reiterate, a person who is at least eighteen years of age may be charged for sexual assault of a child that is predatory when that person commits a qualifying offense with the goal of getting sexual gratification directly, in whole or in part, with a child who is less than thirteen years of age.

The specified qualifying offenses and their related code sections are:

  1. First degree aggravated sexual abuse: § 130.70
  2. First degree criminal sexual act: § 130.50
  3. First degree rape: § 130.35
  4. First degree course of sexual conduct against a child who is younger than thirteen years of age: § 130.75
New York Lawyer who Defends Charges of sexual assault of a child that is predatory

To prevent personal and professional degradation, if you are charged with sexual assault of a child that is predatory, it is extremely important that you seek legal guidance from a knowledgeable and skilled attorney firm that is proven and successful in representing individuals charged with misdemeanor and felony sex crimes. Misdemeanor and felony sex crimes are tried under a complex body of laws.

Elliott Adler PC is a highly-regarded and formidable law firm that has successfully defended clients accused of misdemeanor and felony sex crimes in New York state, representing clients against charges such as sexual assault of a child that is predatory, assaulting a person sexually, forcible touching, molesting a child, engaging in a criminal sexual act, raping a person, and committing other sex crimes.

We can be reached at (212) 785-1300 or http://www.newyorkcriminallawyer24-7.com to schedule a no-obligation, free legal consultative meeting to evaluate your case.

Related Offenses

For additional information, refer to the following sections of the New York Penal Code:

  1. First degree course of sexual conduct against a child: § 130.75
  2. First degree aggravated sexual abuse: § 130.70
  3. First degree criminal sexual act: § 130.50
  4. First degree rape: § 130.35