Predatory Sexual Assault - NYPL § 130.95

Predatory Sexual Assault -
NYPL § 130.95

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What is Predatory Sexual Assault?

Under New York State law, a person is guilty of predatory sexual assault when he or she commits the crime of:

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

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.

If you have been charged with predatory sexual assault, call Lebedin Kofman LLP at 646-663-4430. Our sex crimes lawyers in New York can fight on your behalf.

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 act 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.

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Predatory Sexual Assault Defense: Early Case Review

Predatory sexual assault allegations carry extreme consequences and often involve multiple alleged acts, aggravating factors, or broader prosecution theories. The defense should review the timeline, alleged predicate conduct, forensic proof, witness credibility, and whether the facts legally support the charge level.

What Is at Stake

Severe felony exposure and long-term registration consequences.
Possible use of multiple allegations or aggravating factors to increase pressure.
Need to examine forensic, medical, digital, and witness evidence closely.
Risk of detention, restrictive orders, reputational harm, and collateral consequences.

Frequently Asked Questions

Why are predatory sexual assault cases especially serious?

The charge can involve aggravating facts or multiple allegations that dramatically increase exposure and litigation pressure.

Can the defense challenge the charge level?

Yes. The defense may challenge whether the facts and proof satisfy the specific statutory elements and aggravating allegations.

What should be preserved early?

Communications, location records, photos, video, witness names, medical information, and any materials that help establish timeline or context should be preserved.

Speak With a Sex Crimes Defense Lawyer

If you are under investigation or facing a sex crime allegation, contact Lebedin Kofman LLP for a confidential consultation before speaking with investigators or contacting anyone connected to the case.

Predatory Sexual Assault - NYPL § 130.95