Penal Law § 130.92

Sentencing · as in force on May 31, 2026

§ 130.92 Sentencing.

1. When a person is convicted of a sexually motivated felony pursuant to this article, and the specified felony is a violent felony offense, as defined in section 70.02 of this chapter, the sexually motivated felony shall be deemed a violent felony offense.

2. When a person is convicted of a sexually motivated felony pursuant to this article, the sexually motivated felony shall be deemed to be the same offense level as the specified offense the defendant committed.

3. Persons convicted of a sexually motivated felony as defined in section 130.91 of this article, must be sentenced in accordance with the provisions of section 70.80 of this chapter.

Official sourcehttps://www.nysenate.gov/legislation/laws/PEN/130.92

In plain English

For a sexually motivated felony:

(1) If the specified felony is a violent felony under § 70.02, the sexually motivated felony is treated as a violent felony.
(2) The sexually motivated felony has the same offense level as the specified offense committed.
(3) The court must sentence under § 70.80. ★

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.