New York Penal Code 130.95 Predatory Sexual Assault

Predatory sexual assault is one of the most serious sex crimes in New York's criminal code. It is classified as a class A-II felony, which is the second most serious felony classification in New York[1]. Let's take a closer look at this law and what it means.

What is Predatory Sexual Assault?

Under New York Penal Code 130.95, a person is guilty of predatory sexual assault when they commit one of the following crimes[5]:

• Rape in the first degree
• Criminal sexual act in the first degree
• Aggravated sexual abuse in the first degree
• Course of sexual conduct against a child in the first degree

And when, in the course of committing the crime or fleeing from the scene, they[4]:

• Cause serious physical injury to the victim
• Use or threaten to use a dangerous instrument
• Display what appears to be a firearm

So in plain terms, predatory sexual assault involves committing a very serious sexual crime against someone, and causing additional physical harm or threatening even greater harm in the process. This combination of a severe sexual crime and increased violence or threat makes it a very serious offense under New York law.

Penalties for Predatory Sexual Assault

As a class A-II felony, predatory sexual assault carries very steep penalties[1]:

• Prison sentence of 5-25 years
• Up to life in prison for someone with a prior felony conviction
• Fine of up to $5,000
• Sex offender registration upon release from prison

In addition, parole is generally not granted for class A-II felonies until the minimum sentence has been served. So someone convicted of predatory sexual assault would likely serve at least 5 years in prison before being eligible for parole.

Real World Examples

Some real cases where defendants were convicted under New York Penal Code 130.95 include[3]:

• A man who raped an elderly woman at knifepoint inside her home.
• A serial rapist who targeted young women and brandished a gun during the assaults.
• A man who sexually abused his girlfriend's daughter over a period of months.

In each of these cases, the sexual assault was made even more egregious by the presence of an additional weapon, violence, or an especially vulnerable victim. This combination of factors is exactly what 130.95 is aimed at punishing.

Defenses to Predatory Sexual Assault

Some potential defenses to predatory sexual assault charges include[6]:

• Mistaken identity - the defendant was misidentified and did not actually commit the crime.
• False accusations - the alleged victim fabricated the story or claims out of malice.
• Consent - the sexual activity was consensual, not forced.
• Diminished capacity - a mental condition prevented the defendant from understanding the nature of the acts.

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An experienced criminal defense attorney can evaluate the prosecution's evidence and determine if any viable defenses may apply. The attorney can also negotiate with the prosecution, arguing for reduced charges in appropriate cases.

Takeaways

The major takeaways when it comes to New York Penal Code 130.95 Predatory Sexual Assault include:

• It involves committing a very serious sexual assault along with additional violence or threat.
• Penalties include years in prison and sex offender registration.
• Real cases generally involve vulnerable victims and weapons.
• Consulting an attorney is critical, as defenses may apply.

Predatory sexual assault is one of the most abhorrent crimes someone can commit under New York law. The multi-year prison sentences and severe consequences reflect how seriously these offenses are taken. Anyone facing charges under 130.95 needs an experienced attorney on their side to protect their rights and future.  

References

[1] https://criminaldefense.1800nynylaw.com/new-york-penal-code-130-95-predatory-sexual-assault.html [2] https://www.nysenate.gov/legislation/laws/PEN/130.95 [3] https://www.newyorkcriminallawyer24-7.com/sexual-assault-that-is-predatory-new-york-penal-code-130-95.html [4] https://codes.findlaw.com/ny/penal-law/pen-sect-130-95.html [5] https://ypdcrime.com/penal.law/article130.php [6] https://www.nycourts.gov/judges/cji/2-PenalLaw/130/130.95(2).pdf