{"jurisdiction": "us-ny", "code": "penal", "section": "130.95", "citation": "Penal Law § 130.95", "heading": "Predatory sexual assault", "text": ["§ 130.95 Predatory sexual assault.", "A person is guilty of predatory sexual assault when he or she commits the crime of rape in the first degree, a crime formerly defined in section 130.50 of this title, the crime of aggravated sexual abuse in the first degree, or course of sexual conduct against a child in the first degree, as defined in this article, and when:", "1. In the course of the commission of the crime or the immediate flight therefrom, he or she:", "(a) Causes serious physical injury to the victim of such crime; or", "(b) Uses or threatens the immediate use of a dangerous instrument; or", "2. He or she has engaged in conduct constituting the crime of rape in the first degree, a crime formerly defined in section 130.50 of this title, the crime of aggravated sexual abuse in the first degree, or course of sexual conduct against a child in the first degree, as defined in this article, against one or more additional persons; or", "3. He or she has previously been subjected to a conviction for a felony defined in this article, incest as defined in section 255.25 of this chapter or use of a child in a sexual performance as defined in section 263.05 of this chapter.", "Predatory sexual assault is a class A-II felony."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/130.95", "from_official_api": true, "plain_english": "A person commits predatory sexual assault by committing first-degree rape, the former § 130.50 offense, first-degree aggravated sexual abuse, or first-degree course of sexual conduct against a child, and:\n- **(1)** during the crime or immediate flight, **seriously injuring the victim or using or threatening immediate use of a dangerous instrument**;\n- **(2)** having engaged in conduct constituting one of those crimes against **1 or more additional people**; or\n- **(3)** having a prior conviction for an article 130 felony, **§ 255.25 incest**, or **§ 263.05 use of a child in a sexual performance**. ★\nIt is a **class A-II felony**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/130.95", "publisher": "Elyphived LLC"}