In committing a felony crime, such as kidnapping, burglary or assault with the intention to receive sexual gratification, a person is considered as having committed a sex crime known as a sexually motivated felony. As per the New York Penal Code 130.91, a person must commit one of a few specific felonies.
Sexually Motivated Felony Per the New York Penal Code 130.91
Generally, there are 29 felony crimes in all that encompass committing a sexually motivated felony. They include the following:
• Arson crimes
• Assault crimes
• Kidnapping crimes
• Murder and manslaughter crimes
• Property crimes
• Prostitution and obscenity crimes
• Theft or burglary crimes
For a person to be considered guilty of committing a sexually motivated felony, they must also commit, attempt to commit or at least intend to commit a sex crime. In New York and other states, sex crimes are deemed as being very serious in nature and a person who commits a felony with a sexual motivation will be labeled as having committed a violent felony offense. Additionally, because sex crimes are considered extremely heinous, anyone who commits one of these crimes can expect to face much more severe penalties and sentences due to the sexual nature of the crime.
An example of a sexually motivated felony is a man who breaks into a woman’s home, wakes her up at night and begins making sexually suggestive comments to her. The woman breaks free of the man’s grip and runs to safety to a neighbor’s home. Even though the man didn’t actually sexually assault or rape the woman, because he broke into her home and made sexual comments toward her, he can be charged with a sexually motivated felony. He likely also intended to burglarize her home.
Possible Defenses for Sexually Motivated Felony in New York
Because of the severe nature of a sexually motivated felony charge, it’s important for anyone facing such charges to retain an experienced criminal defense attorney. In order to effectively defend a person against this charge, the defense attorney would have to show that the person didn’t intend to commit a felony. An argument would have to be made that while a person intended to perform one crime, they did not intend to perform another, such as a sex crime. The defense could also argue that there was no intention of even committing a sex crime. One way to do that is to provide evidence that any sexual contact was consensual.
Sentence for Sexually Motivated Felony in New York
A sexually motivated felony involves the commission of both a sex crime and a violent felony, which means there is a mandatory minimum prison sentence if the person is convicted. Additionally, the individual would be required to register as a sex offender under the New York Sex Offender Registration Act for a minimum of 20 years or possibly for the rest of their life.
Summary of New York Penal Code 130.91, Sexually Motivated Felony
A person is considered guilty of a sexually motivated felony when they commit a felony with the purpose of their own sexual gratification.
There are specific felony offenses that fall under the category of a sexually motivated felony. In order for a person to be charged with a sexually motivated felony, they must commit one of the following crimes:
• Assault in the second degree
• Assault in the first degree
• Gang assault in the second degree
• Gang assault in the first degree
• Stalking in the first degree
• Strangulation in the second degree
• Strangulation in the first degree
• Manslaughter in the second degree
• Manslaughter in the first degree
• Aggravated murder
• Murder in the second degree
• Murder in the first degree
• Kidnapping in the second degree
• Kidnapping in the first degree
• Burglary in the second degree
• Burglary in the first degree
• Arson in the second degree
• Arson in the first degree
• Robbery in the second degree
• Robbery in the first degree
• Promoting prostitution in the second degree
• Promoting prostitution in the first degree
• Compelling prostitution
• Disseminating indecent material to minors in the first degree
• Use of a child in a sexual performance
• Promoting an obscene sexual performance by a child
• Promoting a sexual performance by a child