First degree criminal sexual act new york

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The Laws of New York Consolidated Laws of New York CHAPTER 40 Specific Offenses Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation ARTICLE 130 Sex Offenses SECTION 130.92 Sentencing ARTICLE 130 Sex Offenses SECTION 130.96 Predatory sexual assault against a child

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SECTION 130.95 Predatory sexual assault Penal (PEN) CHAPTER 40, PART 3, TITLE H, ARTICLE 130

§ 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.