New York statute
N.Y. Penal Law § 130.95 — Predatory sexual assault
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 130: Sex Offenses, New York Penal Law.
Criminal charges under this statute
Full text of N.Y. Penal Law § 130.95
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
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.
Official sources
Legal terms used in this section
Questions this section answers
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.
Which New York statute covers predatory sexual assault?
Predatory sexual assault is governed by N.Y. Penal Law § 130.95 (Predatory sexual assault).
This reference is informational and is not legal advice.