Sex crimes are considered among the most severe and heinous in the state of New York. One of the most serious sex crimes per New York’s criminal code is predatory sexual assault. Predatory sexual assault is charged as a class A-II felony. If a person is convicted of this crime, they can spend the rest of their life in prison.
What is Predatory Sexual Assault in New York?
The crime of predatory sexual assault is defined in N.Y. Penal Law § 130.95. A person commits predatory sexual assault when they commit rape in the first degree, aggravated sexual abuse in the first degree, or course of sexual conduct against a child in the first degree, and one of the following is also true:
- The person causes serious physical injury to the victim
- The person uses or threatens to use a dangerous instrument against the victim
- The person has committed one of those crimes against more than one person
- The person has a prior felony conviction on their record, has used a child in a sexual performance, or has committed incest
New York updated part of this law in 2019. The offense once charged on its own as “criminal sexual act in the first degree” under the old Penal Law § 130.50 is no longer a separate crime. Lawmakers folded that conduct into a broader, gender-neutral definition of rape in the first degree.
An example of predatory sexual assault is a man who forces a woman to perform oral sex on him and then forces her to have anal intercourse. Later, the same man assaults a second woman and forces sexual intercourse on her. Because he used force against two different women, prosecutors could charge him with predatory sexual assault based on committing a first-degree sex crime against more than one person.
Possible Defenses for Predatory Sexual Assault in New York
There are certain defenses that could be used in a case where someone is charged with predatory sexual assault. First, the defendant needs a criminal defense attorney to represent them in court, since the charges are very serious.
One possible defense is to attack an element of the underlying sex crime. For instance, if someone is accused of rape in the first degree based on the use of force, the defense could show that the sexual act was consensual. Another possible defense is to show that the alleged victim was not seriously injured during the act.
Because predatory sexual assault is a felony, it is not handled in a local town or city court. These cases are indicted and tried in County Supreme Courts. Our attorneys handle these cases in the same counties where our offices are located: New York County (Manhattan), Kings County (Brooklyn), Nassau County (Garden City), and Queens County.
Potential Sentence for Predatory Sexual Assault in New York
The crime of predatory sexual assault is viewed as extremely serious. As a result, a person convicted of this crime faces severe penalties, including prison time, mandatory sex offender registration, and close supervision after release.
The maximum sentence for predatory sexual assault is life in prison.
For a first or second felony conviction of this specific crime, the judge must set a minimum term of between 10 and 25 years before the person can be considered for parole.
Because the maximum term is life, anyone the parole board releases stays under parole supervision for the rest of their life. A court can end that supervision early, but only at its own discretion.
A person convicted of predatory sexual assault must also register as a sex offender under New York’s Sex Offender Registration Act (SORA). Predatory sexual assault counts as a “sexually violent offense” under SORA. A judge decides the exact risk level (1, 2, or 3) at a separate hearing using the state’s risk-assessment scorecard. But the violence, repeat-victim, or repeat-offender elements required for a conviction tend to push the score toward a level 2 or 3 classification, which carries registration for life. A level 2 offender without a sexual predator, sexually violent offender, or predicate sex offender designation may petition for relief from that lifetime obligation, but only after being registered for at least 30 years, and only at a court’s discretion.
Frequently Asked Questions
Is predatory sexual assault a felony in New York?
Yes. It is a class A-II felony, one of only two sex crimes at that felony class, and it carries a maximum sentence of life in prison.
What is the minimum prison sentence for predatory sexual assault?
A judge must set a minimum term of at least 10 years, up to 25 years, before someone becomes eligible for parole.
Do I have to register as a sex offender if I’m convicted?
Yes. A conviction triggers mandatory registration under SORA, and registration can last for life at risk levels 2 and 3, or 20 years at level 1 (with lifetime registration for any offender given a sexual predator, sexually violent offender, or predicate sex offender designation).
What defenses can a lawyer raise against this charge?
Common defenses include showing the sexual contact was consensual, disputing that the victim suffered serious physical injury or that a dangerous instrument was used, or challenging the identification of the accused. A skilled criminal defense attorney examines every element the prosecution must prove.
Charged with predatory sexual assault in New York? Call the Law Offices of Robert Tsigler, PLLC for a free, 24/7 case review: 718-878-3781
