New York criminal charge
Predatory sexual assault against a child in New York
Predatory sexual assault against a child is a Class A-II Felony under New York criminal law, defined by N.Y. Penal Law § 130.96. 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 § 130.96.
What is the penalty for predatory sexual assault against a child in New York?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 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 | mandatory | N.Y. Penal Law § 70.00 |
| Fine | up 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)) | discretionary | N.Y. Penal Law § 70.00 |
Applies to current.
Common questions about predatory sexual assault against a child in New York
What class of felony is predatory sexual assault against a child in New York?
What are the penalties for predatory sexual assault against a child in New York?
As a Class A-II Felony, predatory sexual assault against a child 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 against a child?
Predatory sexual assault against a child is governed by N.Y. Penal Law § 130.96 (Predatory sexual assault against a child).
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.