Skip to main content
US Criminal Defense.org
Menu

New York statute

N.Y. Penal Law § 130.95 — Predatory sexual assault

Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)

Part of Article 130: Sex Offenses, New York Penal Law.

Criminal charges under this statute

Full text of N.Y. Penal Law § 130.95

Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.

N.Y. Penal Law § 130.95Primary source, current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
130.95 Predatory sexual assault. A 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; or 2. 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; or 3. 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.

Official sources

Legal terms used in this section

Questions this section answers

What class of felony is predatory sexual assault in New York?

Predatory sexual assault is a Class A-II Felony in New York under N.Y. Penal Law § 130.95.

Which New York statute covers predatory sexual assault?

Predatory sexual assault is governed by N.Y. Penal Law § 130.95 (Predatory sexual assault).

This reference is informational and is not legal advice.