New York Penal Code § 130.96: Predatory Sexual Assault Against a Child

One of the most serious sex offense charges a person can receive is predatory sexual assault against a child. This heinous crime involves the act of rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree or course of sexual conduct against a child under the age of 13 when the perpetrator is at least 18.

Predatory Sexual Assault Against a Child as Per New York Penal Code 130.96

Predatory sexual assault against a child, as per New York’s Penal Code 130.96, is one of the most serious of all sex crimes against a child. It is also one of the most heinous in general due to its predatory nature. In addition, it is one of only two sex crimes that are categorized as class A-II felonies.

An example of predatory sexual assault against a child is a little girl of seven telling a friend’s mother than one of her male teachers has continuously put his “pee pee” inside of her vagina for the past few weeks. In addition, the teacher touched her private parts with his tongue twice before that. The child’s friend’s mother reports this to the police immediately. The teacher could face the charge of predatory sexual assault against a child because the crime involved rape of a child under the age of 13 and was repetitive, falling under the category of course of sexual conduct against a child. He could also be charged with the crime because of the criminal sexual assault against a child.

Possible Defenses for Predatory Sexual Assault Against a Child

In any case involving a charge of predatory sexual assault against a child, it’s important for the accused to retain a skilled criminal defense attorney. There are certain tactics that a lawyer could use to build a defense against the individual. Overall, the key to defending against predatory sexual assault, in general, would involve disproving the elements of the crime itself. This would mean the defense would have to show that the defendant never engaged in the sexual act itself or argue that the child was older than 13 years old.

Sentence for Predatory Sexual Assault Against a Child in New York

A person who is convicted of the crime of predatory sexual assault against a child in the state of New York can find themselves sentenced to prison for the rest of their life. With one or more previous felony convictions, a person could expect to spend at minimum 15 to 25 years in prison. The sentence is less severe for individuals with no prior criminal record at a minimum of 10 to 20 years in prison.

Additionally, anyone who is convicted of the crime is required to register as a sex offender under the New York Sex Offender Registration Act (SORA), which means they have to follow certain requirements for at least 20 years, possibly for the rest of their life. A person’s information must be continuously verified by law enforcement as it goes into a database.

Summary of Predatory Sexual Assault Against a Child as Per New York Penal Law 130.96

A person can be considered guilty of predatory sexual assault against a child in New York when they are 18 or older and commit sex crimes such as rape in the first degree, aggravated sexual abuse in the first degree, criminal sexual act in the first degree or course of sexual conduct against a child in the first degree when that child is under the age of 13.

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