Section 130.95 - [Effective 9/1/2024] Predatory sexual assaultA person is guilty of predatory sexual assault when he or she commits the crime of rape in the first degree, a crime formerly defined in section 130.50 of this title, the crime of aggravated sexual abuse in the first degree, or course of sexual conduct against a child in the first degree, as defined in this article, and when:
1. In the course of the commission of the crime or the immediate flight therefrom, he or she: (a) Causes serious physical injury to the victim of such crime; or(b) Uses or threatens the immediate use of a dangerous instrument; or2. He or she has engaged in conduct constituting the crime of rape in the first degree, a crime formerly defined in section 130.50 of this title, the crime of aggravated sexual abuse in the first degree, or course of sexual conduct against a child in the first degree, as defined in this article, against one or more additional persons; or3. He or she has previously been subjected to a conviction for a felony defined in this article, incest as defined in section 255.25 of this chapter or use of a child in a sexual performance as defined in section 263.05 of this chapter. Predatory sexual assault is a class A-II felony.
Amended by New York Laws 2024, ch. 23,Sec. 45, eff. 1/30/2024.Amended by New York Laws 2024, ch. 23,Sec. 12, eff. 9/1/2024, op. to any offense committed on or after 9/1/2024.Amended by New York Laws 2023, ch. 777,Sec. 16, eff. 9/1/2024, op. to any offense committed on or after 9/1/2024.This section is set out more than once due to postponed, multiple, or conflicting amendments.