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New York criminal charge

Predatory sexual assault in New York

Class A-II FelonyCurrent through 2026 New York legislative session

Predatory sexual assault is a Class A-II Felony under New York criminal law, defined by N.Y. Penal Law § 130.95. As a Class A-II Felony, it is punishable within the statutory sentencing range New York sets for that offense class. New York classifies offenses as felonies (classes A-I and A-II through E), misdemeanors (classes A and B, plus unclassified), violations, and traffic infractions — and a violation or traffic infraction is not a crime (N.Y. Penal Law § 10.00(6); N.Y. Vehicle & Traffic Law § 155). Felony sentences divide into indeterminate and determinate schemes depending on the offense (N.Y. Penal Law §§ 70.00, 70.02).

Defined by N.Y. Penal Law § 130.95.

What is the penalty for predatory sexual assault in New York?

Penalties for Predatory sexual assault
PenaltyRangeBasisAuthority
Jail / prisonindeterminate sentence with a maximum of life imprisonment (PEN 70.00(2)(a)); minimum period 3 years to 8 years 4 months (PEN 70.00(3)(a)(ii); predatory sexual assault 10–25 years); class A-II drug felonies sentence under PEN 70.71 insteadmandatoryN.Y. Penal Law § 70.00
Fineup to $5,000 (or up to double the defendant's gain from the crime (PEN 80.00(1)); does not apply to corporations (PEN 80.00(4), 80.10))discretionaryN.Y. Penal Law § 70.00

Applies to current.

Common questions about predatory sexual assault in New York

What class of felony is predatory sexual assault in New York?

Predatory sexual assault is a Class A-II Felony in New York under N.Y. Penal Law § 130.95.

What are the penalties for predatory sexual assault in New York?

As a Class A-II Felony, predatory sexual assault carries indeterminate sentence with a maximum of life imprisonment (PEN 70.00(2)(a)); minimum period 3 years to 8 years 4 months (PEN 70.00(3)(a)(ii); predatory sexual assault 10–25 years); class A-II drug felonies sentence under PEN 70.71 instead of incarceration and a fine of up to $5,000 (the maximum authorized for the class) under N.Y. Penal Law § 70.00 (current).

Which New York statute covers predatory sexual assault?

Predatory sexual assault is governed by N.Y. Penal Law § 130.95 (Predatory sexual assault).

Legal terms used in this law

This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.