Lebedin Kofman LLP

Predatory Sexual Assault


Penal Law 130.95

Penal Law 130.95(1)(a)

Under New York State law, a person is guilty of predatory sexual assault when he or she commits the crime of: (1) rape in the first degree; (2) criminal sexual acct in the first degree; (3) aggravated sexual abuse in the first degree; (4) course of sexual conduct against a child in the first degree. When in the course of committing one of the named crimes or the immediate flight therefrom, the person causes serious physical injury to the victim of such crime. If convicted, a person will be charged with a Class A-II Felony.

Under New York Penal Law §10.00(10), serious physical injury means impairment of a person’s physical condition which creates a substantial risk of death or which causes death or serious and protracted disfigurement, protected impairment of health or protracted loss or impairment of the function of any bodily organ.

To be found guilty of this crime, the prosecution must be able to prove beyond a reasonable doubt two elements: (1) that on the alleged date the defendant committed an enumerated sexual crime; and (2) in the course of committing one of the named crimes or the immediate flight therefrom, the person causes serious physical injury to the victim of such crime.

Penal Law 130.95(1)(b)

Under New York State law, a person is guilty of predatory sexual assault when he or she commits the crime of: (1) rape in the first degree; (2) criminal sexual acct in the first degree; (3) aggravated sexual abuse in the first degree; (4) course of sexual conduct against a child in the first degree. When in the course committing one of the named crimes or the immediate flight therefrom, he or she uses or threatens to use a dangerous instrument.

Under New York Penal Law §10.00(13), a dangerous instrument means any instrument, article, or substance under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or other serious physical injury.

To be found guilty of this crime, the prosecution must be able to prove beyond a reasonable doubt two elements: (1) that on the alleged date the defendant committed an enumerated crime; and (2) that in the course of and in furtherance of the commission of such crime or the immediate flight therefrom, the defendant possessed a dangerous instrument and used or threatened the immediate use of that dangerous instrument.

For more information on Predatory Sexual Assault, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (212) 500-3273 today.

Lebedin Kofman LLP

Russ Kofman is a founding partner in Lebedin Kofman LLP. He has extensive litigation experience defending clients accused of felonies, misdemeanors and DWI/ DUI crimes.

Related Articles