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§ 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.