Sexual Assault that Is Predatory: New York Penal Code § 130.95

Sexual assault that is predatory is one of the two sex crimes categorized as a felony Class A-II, the most serious type of crime. As such, it carries a maximum sentence of life in prison. Under New York Penal Code § 130.95, the crime of sexual assault that is predatory is committed when:

  1. A person commits the crime of first degree rape, first degree criminal sexual act, first degree aggravated sexual abuse, first degree course of sexual conduct against a child, and when a person seriously injures the victim or threatens with the immediate use of a dangerous instrument;
  2. A person commits one of the crimes listed in item 1 against more than one person;
  3. A person also has been convicted for a felony sex offence, incest, or using a child in a sexual performance.
Hypothetical Case

Suppose that a man uses force to compel an adult female to have oral sex with him, followed by anal intercourse. Several days later, the man forces himself on another adult female, touching her breasts as he compels her to have oral sex with him, followed by vaginal intercourse. The man’s actions could be construed to be sexual assault that is predatory because he used force to compel two different adult females to have sex with him; moreover, he committed the crimes of first degree criminal sexual act and first degree rape. Because the man committed these criminal sex acts with two different adult females, the prosecutor could charge him with sexual assault that is predatory.

Possible Defenses

Refute commission of felony. One tactic to defend against the charge of sexual assault that is predatory is to show evidence that the qualifying felony did not take place. If a case can be built that refutes commission of a qualifying felony, then the charges will need to be dropped or changed.

Presence of consent. If evidence can be produced that shows that the sex acts were consensual and were agreed to by both parties, then the charge of sexual assault that is predatory will need to be dropped or changed. Inherent in this defense is that the accused did not use force to compel the women to have sex with him and that the women were willing partners of their own free will.

Absence of serious injury. Another line of defense might be to demonstrate that force was not used because the adult females were not seriously injured. Evidence will need to be produced to corroborate this contention.

Other lines of defense. Completely understanding the details of a case and how they can be used together to defend against a charge of sexual assault that is predatory is important to winning or reducing the charge in court. A well-trained and expertly skilled defense lawyer will build a case to reduce or undermine the charge of sexual assault that is predatory.

Possible Sentence

Imprisonment. A person convicted of sexual assault that is predatory is viewed with disdain in the courts. The crime is considered to be a repulsive crime. The presiding judge may sentence the convicted person to a maximum of life in prison. However, if no prior criminal conviction exists, the minimum sentence could be ten to twenty years behind bars. For second time felony offenders, the minimum sentence is fifteen years in jail. Repeat felony offenders will receive a sentence of at least twenty-five years of imprisonment.

Probation. Once a person who is convicted of sexual assault that is predatory serves their time behind bars, they must serve an additional period on probation, with a law enforcement agency watching closely to keep the convicted sex offender in check.

Registration as sex offender. Sexual assault that is predatory is a registrable offense per the New York Correction Law section 168. A registrable offense means that the convicted person must register with a law enforcement agency in New York as a sex offender for a minimum of twenty years. The registration information required includes name, address, work address, school, photograph, aliases, email address, internet handles, crimes, and victim attributes. Registration as a sex offender requires timely updates. 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 system. A person convicted of sexual assault that is predatory potentially must register as a sex offender for the rest of their life.

NY Penal Code § 130.95: Sexual Assault that Is Predatory

To reiterate, a person may be charged for sexual assault that is predatory when a person commits a qualifying offense with the goal of getting sexual gratification directly, in whole or in part.

The specified qualifying offenses and their related code sections are:

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

Also, sexual assault that is predatory may be charged when the assailant seriously physically injures the victim or uses or threatens the immediate use of an instrument that is dangerous. Moreover, sexual assault that is predatory may be charged when any of the specified qualifying offenses is used against more than one person. Finally, sexual assault that is predatory may be charged when the perpetrator has been previously convicted of a qualifying offense listed above, incest as described in section 255.25 or using a child in a sexual performance as described in section 263.05.

New York Lawyer who Defends Against Charges of Sexual Assault that Is Predatory

To avoid professional and personal devastation, if you are charged with sexual assault that is predatory, it is imperative that you seek legal counsel from a knowledgeable and skilled attorney firm well-versed, proven and successful in defending individuals charged with misdemeanor and felony sex crimes. Misdemeanor and felony sex crimes are adjudicated by a complicated set of laws.

Elliott Adler PC is a respected and formidable attorney firm that has successfully defended clients accused of misdemeanor and felony sex crimes in the state of New York, defending against charges such as sexual assault that is predatory, forcible touching, molesting a child, engaging in a criminal sexual act, assaulting a person sexually, 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 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: § 130.75
  5. Third degree incest: § 255.25
  6. Using a child in a sexual performance: § 263.05