If you commit a state felony offense in the state of New York for the purpose of receive sexual gratification, such as kidnapping, assault, or burglary, you will have also committed the sex offense of sexually motivated felony as dictated in New York Penal Code section 130.91.

Understanding Sexually Motivated Felony Charges

To face this allegation, the felony offense that you commit or attempt to commit has to be a specific felony listed in the sexually motivated felony statute. On top of to committing a felony in one of these categories, you must also commit, attempt to commit, or have the intent to commit a sex crime.

Categories of Underlying Felonies

The list includes 29 felonies that fall under the categories of:

• Crimes of Assault
• Crimes involving Murder and Manslaughter
• Crimes involving Kidnapping
• Crimes involving the Property of Others
• Crimes of Arson
• Crimes of Theft
• Crimes of Prostitution and Obscenity

Enhanced Penalties for Sexual Motivation

Violent Felony Classification

The repercussions of committing one of the above categorized felonies with a sexual motivation is that the underlying felony will carry more weight. It will automatically be classed as a violent felony offense. As a result, if you are convicted, your sentence will be much more harsh than if the crime was committed without a sexual motivation.

Real-World Example of Sexually Motivated Felony

A man breaks into a woman's home late one night. The man sneaks into her bedroom, wakes her up and makes sexually suggestive statements to her. The woman screams, causing the man to flee from her home. If caught, the man could be charged with a sexually motivated felony on the basis of breaking into the woman's home. The break in can be charged as a burglary in the second degree. Add in the suggestive statements he made to her when he entered her bedroom, and even though he did not sexually assault her, he made it clear that his intent to commit a sex crime.

Related Sex Offense Charges

Offenses that are Related:

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

Defense Strategies Against Sexually Motivated Felony Charges

Primary Defense Approaches

To successfully defend against the crime of sexually motivated felony, the first task is to demonstrate that you did not commit the underlying felony. If, for example, you were charged with a burglary offense, you would need to counter testimony that you broke into the person's property. On top of that, you would also need to address the allegation that you committed or intended to commit a sex crime. For instance, you could bring evidence to show that sexual contact, if any, was consensual.

Sentencing Guidelines and Mandatory Minimums

When a crime has the added component of a sexual motivation, it is treated as both a sex crime and a violent felony.

Dual Classification Consequences

The result of this is that instead of simply being sentenced as a felon, you will be sentenced under the rules for violent felonies in conjunction with the rules for sex crimes. Furthermore, you will have effectively committed at least 2 felonies in the same act. Your sentence would have to include a mandatory minimum prison term.

Sex Offender Registration Requirements

Because you will have committed a sex crime, you would be obligated to register as a sex offender under the New York Sex Offender Registration Act (SORA) for at a minimum of 20 years and maybe even for the rest of your life.

SORA Registration Levels

Under SORA guidelines, sex offenders are classified into three risk levels:

• Level 1: Low risk of re-offense
• Level 2: Moderate risk of re-offense
• Level 3: High risk of re-offense

The risk level determination affects public notification requirements and community access to offender information.