N.Y. Penal Law Section 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.

Source: Section 130.95 — Predatory sexual assault, https://www.­nysenate.­gov/legislation/laws/PEN/130.­95 (updated Sep. 6, 2024; accessed Nov. 15, 2025).

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Verified:
Nov. 15, 2025

Last modified:
Sep. 6, 2024

§ 130.95. Predatory sexual assault's source at nysenate​.gov

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