Sex offenses carry some of the most severe and potentially damaging penalties of any crime – including possible life imprisonment. These cases are highly driven by facts and too often there are no available witnesses other than the alleged victim and the defendant. If you are facing charges for a sex offense, including inappropriate touching, sexual battery or rape, you should contact a criminal defense attorney immediately. An attorney can help you better understand not only the procedural aspects of a sex offense case, but the legal ramifications of a guilty plea versus a not-guilty plea and subsequent trial.
When it comes to sex crimes, there are highly specific factors that differentiate one offense from another. These may include: the age of the victim, use of force or weapon and the relationship between the parties.
Defenses to Sex Crimes
By working with a criminal defense attorney, you can introduce certain defenses to sex crimes to either lessen your culpability or avoid prosecution all together. The defense of consent is often invoked and requires a showing that, with regard to the particular sex act in question, the alleged victim actually consented to the sexual interaction. If the prosecution is alleging certain aggravating factors to enhance your potential penalties, you may be able to introduce evidence to rebut the presence of these factors, which could result in a successful guilty plea to lesser crime.
If you are facing a sex crime, you could potentially endure serious, life-changing consequences. To protect your rights and ensure your continued freedom, you need a compassionate, confidential and aggressive advocate in your corner to combat the prosecutor’s allegations and help protect you from incarceration, penalties and mandatory registration as a sex offender. Contact the Law Firm of Michael A. Arbeit, P.C. immediately to schedule a free consultation to discuss your case and learn more about your options.
§ 130.00 Sex offenses; definitions of terms.
The following definitions are applicable to this article:
1. “Sexual intercourse” has its ordinary meaning and occurs upon any
penetration, however slight.
2. (a) “Oral sexual conduct” means conduct between persons consisting
of contact between the mouth and the penis, the mouth and the anus, or
the mouth and the vulva or vagina.
(b) “Anal sexual conduct” means conduct between persons consisting of
contact between the penis and anus.
3. “Sexual contact” means any touching of the sexual or other intimate
parts of a person for the purpose of gratifying sexual desire of either
party. It includes the touching of the actor by the victim, as well as
the touching of the victim by the actor, whether directly or through
clothing, as well as the emission of ejaculate by the actor upon any
part of the victim, clothed or unclothed.
4. For the purposes of this article “married” means the existence of
the relationship between the actor and the victim as spouses which is
recognized by law at the time the actor commits an offense proscribed by
this article against the victim.
5. “Mentally disabled” means that a person suffers from a mental
disease or defect which renders him or her incapable of appraising the
nature of his or her conduct.
6. “Mentally incapacitated” means that a person is rendered
temporarily incapable of appraising or controlling his conduct owing to
the influence of a narcotic or intoxicating substance administered to
him without his consent, or to any other act committed upon him without
his consent.
7. “Physically helpless” means that a person is unconscious or for any
other reason is physically unable to communicate unwillingness to an
act.
8. “Forcible compulsion” means to compel by either:
a. use of physical force; or
b. a threat, express or implied, which places a person in fear of
immediate death or physical injury to himself, herself or another
person, or in fear that he, she or another person will immediately be
kidnapped.
9. “Foreign object” means any instrument or article which, when
inserted in the vagina, urethra, penis, rectum or anus, is capable of
causing physical injury.
10. “Sexual conduct” means sexual intercourse, oral sexual conduct,
anal sexual conduct, aggravated sexual contact, or sexual contact.
11. “Aggravated sexual contact” means inserting, other than for a
valid medical purpose, a foreign object in the vagina, urethra, penis,
rectum or anus of a child, thereby causing physical injury to such
child.
12. “Health care provider” means any person who is, or is required to
be, licensed or registered or holds himself or herself out to be
licensed or registered, or provides services as if he or she were
licensed or registered in the profession of medicine, chiropractic,
dentistry or podiatry under any of the following: article one hundred
thirty-one, one hundred thirty-two, one hundred thirty-three, or one
hundred forty-one of the education law.
13. “Mental health care provider” shall mean a licensed physician,
licensed psychologist, registered professional nurse, licensed clinical
social worker or a licensed master social worker under the supervision
of a physician, psychologist or licensed clinical social worker.
§ 130.05 Sex offenses; lack of consent.
1. Whether or not specifically stated, it is an element of every
offense defined in this article that the sexual act was committed
without consent of the victim.
2. Lack of consent results from:
(a) Forcible compulsion; or
(b) Incapacity to consent; or
(c) Where the offense charged is sexual abuse or forcible touching,
any circumstances, in addition to forcible compulsion or incapacity to
consent, in which the victim does not expressly or impliedly acquiesce
in the actor’s conduct; or
(d) Where the offense charged is rape in the third degree as defined
in subdivision three of section 130.25, or criminal sexual act in the
third degree as defined in subdivision three of section 130.40, in
addition to forcible compulsion, circumstances under which, at the time
of the act of intercourse, oral sexual conduct or anal sexual conduct,
the victim clearly expressed that he or she did not consent to engage in
such act, and a reasonable person in the actor’s situation would have
understood such person’s words and acts as an expression of lack of
consent to such act under all the circumstances.
3. A person is deemed incapable of consent when he or she is:
(a) less than seventeen years old; or
(b) mentally disabled; or
(c) mentally incapacitated; or
(d) physically helpless; or
(e) committed to the care and custody or supervision of the state
department of corrections and community supervision or a hospital, as
such term is defined in subdivision two of section four hundred of the
correction law, and the actor is an employee who knows or reasonably
should know that such person is committed to the care and custody or
supervision of such department or hospital. For purposes of this
paragraph, “employee” means (i) an employee of the state department of
corrections and community supervision who, as part of his or her
employment, performs duties: (A) in a state correctional facility in
which the victim is confined at the time of the offense consisting of
providing custody, medical or mental health services, counseling
services, educational programs, vocational training, institutional
parole services or direct supervision to inmates; or
(B) of supervising persons released on community supervision and
supervises the victim at the time of the offense or has supervised the
victim and the victim is still under community supervision at the time
of the offense; or
(ii) an employee of the office of mental health who, as part of his or
her employment, performs duties in a state correctional facility or
hospital, as such term is defined in subdivision two of section four
hundred of the correction law in which the inmate is confined at the
time of the offense, consisting of providing custody, medical or mental
health services, or direct supervision to such inmates; or
(iii) a person, including a volunteer, providing direct services to
inmates in a state correctional facility in which the victim is confined
at the time of the offense pursuant to a contractual arrangement with
the state department of corrections and community supervision or, in the
case of a volunteer, a written agreement with such department, provided
that the person received written notice concerning the provisions of
this paragraph; or
(f) committed to the care and custody of a local correctional
facility, as such term is defined in subdivision two of section forty of
the correction law, and the actor is an employee, not married to such
person, who knows or reasonably should know that such person is
committed to the care and custody of such facility. For purposes of this
paragraph, “employee” means an employee of the local correctional
facility where the person is committed who performs professional duties
consisting of providing custody, medical or mental health services,
counseling services, educational services, or vocational training for
inmates. For purposes of this paragraph, “employee” shall also mean a
person, including a volunteer or a government employee of the state
department of corrections and community supervision or a local health,
education or probation agency, providing direct services to inmates in
the local correctional facility in which the victim is confined at the
time of the offense pursuant to a contractual arrangement with the local
correctional department or, in the case of such a volunteer or
government employee, a written agreement with such department, provided
that such person received written notice concerning the provisions of
this paragraph; or
(g) committed to or placed with the office of children and family
services and in residential care, and the actor is an employee, not
married to such person, who knows or reasonably should know that such
person is committed to or placed with such office of children and family
services and in residential care. For purposes of this paragraph,
“employee” means an employee of the office of children and family
services or of a residential facility in which such person is committed
to or placed at the time of the offense who, as part of his or her
employment, performs duties consisting of providing custody, medical or
mental health services, counseling services, educational services,
vocational training, or direct supervision to persons committed to or
placed in a residential facility operated by the office of children and
family services; or
(h) a client or patient and the actor is a health care provider or
mental health care provider charged with rape in the third degree as
defined in section 130.25, criminal sexual act in the third degree as
defined in section 130.40, aggravated sexual abuse in the fourth degree
as defined in section 130.65-a, or sexual abuse in the third degree as
defined in section 130.55, and the act of sexual conduct occurs during a
treatment session, consultation, interview, or examination; or
(i) a resident or inpatient of a residential facility operated,
licensed or certified by (i) the office of mental health; (ii) the
office for people with developmental disabilities; or (iii) the office
of alcoholism and substance abuse services, and the actor is an employee
of the facility not married to such resident or inpatient. For purposes
of this paragraph, “employee” means either: an employee of the agency
operating the residential facility, who knows or reasonably should know
that such person is a resident or inpatient of such facility and who
provides direct care services, case management services, medical or
other clinical services, habilitative services or direct supervision of
the residents in the facility in which the resident resides; or an
officer or other employee, consultant, contractor or volunteer of the
residential facility, who knows or reasonably should know that the
person is a resident of such facility and who is in direct contact with
residents or inpatients; provided, however, that the provisions of this
paragraph shall only apply to a consultant, contractor or volunteer
providing services pursuant to a contractual arrangement with the agency
operating the residential facility or, in the case of a volunteer, a
written agreement with such facility, provided that the person received
written notice concerning the provisions of this paragraph; provided
further, however, “employee” shall not include a person with a
developmental disability who is or was receiving services and is also an
employee of a service provider and who has sexual contact with another
service recipient who is a consenting adult who has consented to such
contact.
§ 130.10 Sex offenses; limitation; defenses.
1. In any prosecution under this article in which the victim’s lack of
consent is based solely upon his or her incapacity to consent because he
or she was mentally disabled, mentally incapacitated or physically
helpless, it is an affirmative defense that the defendant, at the time
he or she engaged in the conduct constituting the offense, did not know
of the facts or conditions responsible for such incapacity to consent.
2. Conduct performed for a valid medical or mental health care purpose
shall not constitute a violation of any section of this article in which
incapacity to consent is based on the circumstances set forth in
paragraph (h) of subdivision three of section 130.05 of this article.
3. In any prosecution for the crime of rape in the third degree as
defined in section 130.25, criminal sexual act in the third degree as
defined in section 130.40, aggravated sexual abuse in the fourth degree
as defined in section 130.65-a, or sexual abuse in the third degree as
defined in section 130.55 in which incapacity to consent is based on the
circumstances set forth in paragraph (h) of subdivision three of section
130.05 of this article it shall be an affirmative defense that the
client or patient consented to such conduct charged after having been
expressly advised by the health care or mental health care provider that
such conduct was not performed for a valid medical purpose.
4. In any prosecution under this article in which the victim’s lack of
consent is based solely on his or her incapacity to consent because he
or she was less than seventeen years old, mentally disabled, a client or
patient and the actor is a health care provider, or committed to the
care and custody or supervision of the state department of corrections
and community supervision or a hospital and the actor is an employee, it
shall be a defense that the defendant was married to the victim as
defined in subdivision four of section 130.00 of this article.
§ 130.16 Sex offenses; corroboration.
A person shall not be convicted of any offense defined in this article
of which lack of consent is an element but results solely from
incapacity to consent because of the victim’s mental defect, or mental
incapacity, or an attempt to commit the same, solely on the testimony of
the victim, unsupported by other evidence tending to:
(a) Establish that an attempt was made to engage the victim in sexual
intercourse, oral sexual conduct, anal sexual conduct, or sexual
contact, as the case may be, at the time of the occurrence; and
(b) Connect the defendant with the commission of the offense or
attempted offense.
§ 130.20 Sexual misconduct.
A person is guilty of sexual misconduct when:
1. He or she engages in sexual intercourse with another person without
such person’s consent; or
2. He or she engages in oral sexual conduct or anal sexual conduct
with another person without such person’s consent; or
3. He or she engages in sexual conduct with an animal or a dead human
body.
Sexual misconduct is a class A misdemeanor.
§ 130.25 Rape in the third degree.
A person is guilty of rape in the third degree when:
1. He or she engages in sexual intercourse with another person who is
incapable of consent by reason of some factor other than being less than
seventeen years old;
2. Being twenty-one years old or more, he or she engages in sexual
intercourse with another person less than seventeen years old; or
3. He or she engages in sexual intercourse with another person without
such person’s consent where such lack of consent is by reason of some
factor other than incapacity to consent.
Rape in the third degree is a class E felony.
§ 130.30 Rape in the second degree.
A person is guilty of rape in the second degree when:
1. being eighteen years old or more, he or she engages in sexual
intercourse with another person less than fifteen years old; or
2. he or she engages in sexual intercourse with another person who is
incapable of consent by reason of being mentally disabled or mentally
incapacitated.
It shall be an affirmative defense to the crime of rape in the second
degree as defined in subdivision one of this section that the defendant
was less than four years older than the victim at the time of the act.
Rape in the second degree is a class D felony.
§ 130.35 Rape in the first degree.
A person is guilty of rape in the first degree when he or she engages
in sexual intercourse with another person:
1. By forcible compulsion; or
2. Who is incapable of consent by reason of being physically helpless;
or
3. Who is less than eleven years old; or
4. Who is less than thirteen years old and the actor is eighteen years
old or more.
Rape in the first degree is a class B felony.
§ 130.40 Criminal sexual act in the third degree.
A person is guilty of criminal sexual act in the third degree when:
1. He or she engages in oral sexual conduct or anal sexual conduct
with a person who is incapable of consent by reason of some factor other
than being less than seventeen years old;
2. Being twenty-one years old or more, he or she engages in oral
sexual conduct or anal sexual conduct with a person less than seventeen
years old; or
3. He or she engages in oral sexual conduct or anal sexual conduct
with another person without such person’s consent where such lack of
consent is by reason of some factor other than incapacity to consent.
Criminal sexual act in the third degree is a class E felony.
§ 130.45 Criminal sexual act in the second degree.
A person is guilty of criminal sexual act in the second degree when:
1. being eighteen years old or more, he or she engages in oral sexual
conduct or anal sexual conduct with another person less than fifteen
years old; or
2. he or she engages in oral sexual conduct or anal sexual conduct
with another person who is incapable of consent by reason of being
mentally disabled or mentally incapacitated.
It shall be an affirmative defense to the crime of criminal sexual act
in the second degree as defined in subdivision one of this section that
the defendant was less than four years older than the victim at the time
of the act.
Criminal sexual act in the second degree is a class D felony.
§ 130.50 Criminal sexual act in the first degree.
A person is guilty of criminal sexual act in the first degree when he
or she engages in oral sexual conduct or anal sexual conduct with
another person:
1. By forcible compulsion; or
2. Who is incapable of consent by reason of being physically helpless;
or
3. Who is less than eleven years old; or
4. Who is less than thirteen years old and the actor is eighteen years
old or more.
Criminal sexual act in the first degree is a class B felony.
§ 130.52 Forcible touching.
A person is guilty of forcible touching when such person
intentionally, and for no legitimate purpose, forcibly touches the
sexual or other intimate parts of another person for the purpose of
degrading or abusing such person; or for the purpose of gratifying the
actor’s sexual desire.
For the purposes of this section, forcible touching includes
squeezing, grabbing or pinching.
Forcible touching is a class A misdemeanor.
§ 130.53 Persistent sexual abuse.
A person is guilty of persistent sexual abuse when he or she commits
the crime of forcible touching, as defined in section 130.52 of this
article, sexual abuse in the third degree, as defined in section 130.55
of this article, or sexual abuse in the second degree, as defined in
section 130.60 of this article, and, within the previous ten year
period, excluding any time during which such person was incarcerated for
any reason, has been convicted two or more times, in separate criminal
transactions for which sentence was imposed on separate occasions, of
forcible touching, as defined in section 130.52 of this article, sexual
abuse in the third degree as defined in section 130.55 of this article,
sexual abuse in the second degree, as defined in section 130.60 of this
article, or any offense defined in this article, of which the commission
or attempted commission thereof is a felony.
Persistent sexual abuse is a class E felony.
§ 130.55 Sexual abuse in the third degree.
A person is guilty of sexual abuse in the third degree when he or she
subjects another person to sexual contact without the latter’s consent;
except that in any prosecution under this section, it is an affirmative
defense that (a) such other person’s lack of consent was due solely to
incapacity to consent by reason of being less than seventeen years old,
and (b) such other person was more than fourteen years old, and (c) the
defendant was less than five years older than such other person.
Sexual abuse in the third degree is a class B misdemeanor.
§ 130.60 Sexual abuse in the second degree.
A person is guilty of sexual abuse in the second degree when he or she
subjects another person to sexual contact and when such other person is:
1. Incapable of consent by reason of some factor other than being less
than seventeen years old; or
2. Less than fourteen years old.
Sexual abuse in the second degree is a class A misdemeanor.
§ 130.65 Sexual abuse in the first degree.
A person is guilty of sexual abuse in the first degree when he or she
subjects another person to sexual contact:
1. By forcible compulsion; or
2. When the other person is incapable of consent by reason of being
physically helpless; or
3. When the other person is less than eleven years old; or
4. When the other person is less than thirteen years old and the actor
is twenty-one years old or older.
Sexual abuse in the first degree is a class D felony.
§ 130.65-a Aggravated sexual abuse in the fourth degree.
1. A person is guilty of aggravated sexual abuse in the fourth degree
when:
(a) He or she inserts a foreign object in the vagina, urethra, penis,
rectum or anus of another person and the other person is incapable of
consent by reason of some factor other than being less than seventeen
years old; or
(b) He or she inserts a finger in the vagina, urethra, penis, rectum
or anus of another person causing physical injury to such person and
such person is incapable of consent by reason of some factor other than
being less than seventeen years old.
2. Conduct performed for a valid medical purpose does not violate the
provisions of this section.
Aggravated sexual abuse in the fourth degree is a class E felony
§ 130.66 Aggravated sexual abuse in the third degree.
1. A person is guilty of aggravated sexual abuse in the third degree
when he or she inserts a foreign object in the vagina, urethra, penis,
rectum or anus of another person:
(a) By forcible compulsion; or
(b) When the other person is incapable of consent by reason of being
physically helpless; or
(c) When the other person is less than eleven years old.
2. A person is guilty of aggravated sexual abuse in the third degree
when he or she inserts a foreign object in the vagina, urethra, penis,
rectum or anus of another person causing physical injury to such person
and such person is incapable of consent by reason of being mentally
disabled or mentally incapacitated.
3. Conduct performed for a valid medical purpose does not violate the
provisions of this section.
Aggravated sexual abuse in the third degree is a class D felony
§ 130.67 Aggravated sexual abuse in the second degree.
1. A person is guilty of aggravated sexual abuse in the second degree
when he or she inserts a finger in the vagina, urethra, penis, rectum or
anus of another person causing physical injury to such person:
(a) By forcible compulsion; or
(b) When the other person is incapable of consent by reason of being
physically helpless; or
(c) When the other person is less than eleven years old.
2. Conduct performed for a valid medical purpose does not violate the
provisions of this section.
Aggravated sexual abuse in the second degree is a class C felony.
§ 130.70 Aggravated sexual abuse in the first degree.
1. A person is guilty of aggravated sexual abuse in the first degree
when he or she inserts a foreign object in the vagina, urethra, penis,
rectum or anus of another person causing physical injury to such person:
(a) By forcible compulsion; or
(b) When the other person is incapable of consent by reason of being
physically helpless; or
(c) When the other person is less than eleven years old.
2. Conduct performed for a valid medical purpose does not violate the
provisions of this section.
Aggravated sexual abuse in the first degree is a class B felony.
§ 130.75 Course of sexual conduct against a child in the first degree.
1. A person is guilty of course of sexual conduct against a child in
the first degree when, over a period of time not less than three months
in duration:
(a) he or she engages in two or more acts of sexual conduct, which
includes at least one act of sexual intercourse, oral sexual conduct,
anal sexual conduct or aggravated sexual contact, with a child less than
eleven years old; or
(b) he or she, being eighteen years old or more, engages in two or
more acts of sexual conduct, which include at least one act of sexual
intercourse, oral sexual conduct, anal sexual conduct or aggravated
sexual contact, with a child less than thirteen years old.
2. A person may not be subsequently prosecuted for any other sexual
offense involving the same victim unless the other charged offense
occurred outside the time period charged under this section.
Course of sexual conduct against a child in the first degree is a
class B felony.
§ 130.80 Course of sexual conduct against a child in the second degree.
1. A person is guilty of course of sexual conduct against a child in
the second degree when, over a period of time not less than three months
in duration:
(a) he or she engages in two or more acts of sexual conduct with a
child less than eleven years old; or
(b) he or she, being eighteen years old or more, engages in two or
more acts of sexual conduct with a child less than thirteen years old.
2. A person may not be subsequently prosecuted for any other sexual
offense involving the same victim unless the other charged offense
occurred outside the time period charged under this section.
Course of sexual conduct against a child in the second degree is a
class D felony.
§ 130.85 Female genital mutilation.
1. A person is guilty of female genital mutilation when:
(a) a person knowingly circumcises, excises, or infibulates the whole
or any part of the labia majora or labia minora or clitoris of another
person who has not reached eighteen years of age; or
(b) being a parent, guardian or other person legally responsible and
charged with the care or custody of a child less than eighteen years
old, he or she knowingly consents to the circumcision, excision or
infibulation of whole or part of such child’s labia majora or labia
minora or clitoris.
2. Such circumcision, excision, or infibulation is not a violation of
this section if such act is:
(a) necessary to the health of the person on whom it is performed, and
is performed by a person licensed in the place of its performance as a
medical practitioner; or
(b) performed on a person in labor or who has just given birth and is
performed for medical purposes connected with that labor or birth by a
person licensed in the place it is performed as a medical practitioner,
midwife, or person in training to become such a practitioner or midwife.
3. For the purposes of paragraph (a) of subdivision two of this
section, no account shall be taken of the effect on the person on whom
such procedure is to be performed of any belief on the part of that or
any other person that such procedure is required as a matter of custom
or ritual.
Female genital mutilation is a class E felony.
§ 130.90 Facilitating a sex offense with a controlled substance.
A person is guilty of facilitating a sex offense with a controlled
substance when he or she:
1. knowingly and unlawfully possesses a controlled substance or any
preparation, compound, mixture or substance that requires a prescription
to obtain and administers such substance or preparation, compound,
mixture or substance that requires a prescription to obtain to another
person without such person’s consent and with intent to commit against
such person conduct constituting a felony defined in this article; and
2. commits or attempts to commit such conduct constituting a felony
defined in this article.
Facilitating a sex offense with a controlled substance is a class D
felony.
§ 130.91 Sexually motivated felony.
1. A person commits a sexually motivated felony when he or she commits
a specified offense for the purpose, in whole or substantial part, of
his or her own direct sexual gratification.
2. A “specified offense” is a felony offense defined by any of the
following provisions of this chapter: assault in the second degree as
defined in section 120.05, assault in the first degree as defined in
section 120.10, gang assault in the second degree as defined in section
120.06, gang assault in the first degree as defined in section 120.07,
stalking in the first degree as defined in section 120.60, strangulation
in the second degree as defined in section 121.12, strangulation in the
first degree as defined in section 121.13, manslaughter in the second
degree as defined in subdivision one of section 125.15, manslaughter in
the first degree as defined in section 125.20, murder in the second
degree as defined in section 125.25, aggravated murder as defined in
section 125.26, murder in the first degree as defined in section 125.27,
kidnapping in the second degree as defined in section 135.20, kidnapping
in the first degree as defined in section 135.25, burglary in the third
degree as defined in section 140.20, burglary in the second degree as
defined in section 140.25, burglary in the first degree as defined in
section 140.30, arson in the second degree as defined in section 150.15,
arson in the first degree as defined in section 150.20, robbery in the
third degree as defined in section 160.05, robbery in the second degree
as defined in section 160.10, robbery in the first degree as defined in
section 160.15, promoting prostitution in the second degree as defined
in section 230.30, promoting prostitution in the first degree as defined
in section 230.32, compelling prostitution as defined in section 230.33,
disseminating indecent material to minors in the first degree as defined
in section 235.22, use of a child in a sexual performance as defined in
section 263.05, promoting an obscene sexual performance by a child as
defined in section 263.10, promoting a sexual performance by a child as
defined in section 263.15, or any felony attempt or conspiracy to commit
any of the foregoing offenses.
§ 130.92 Sentencing.
1. When a person is convicted of a sexually motivated felony pursuant
to this article, and the specified felony is a violent felony offense,
as defined in section 70.02 of this chapter, the sexually motivated
felony shall be deemed a violent felony offense.
2. When a person is convicted of a sexually motivated felony pursuant
to this article, the sexually motivated felony shall be deemed to be the
same offense level as the specified offense the defendant committed.
3. Persons convicted of a sexually motivated felony as defined in
section 130.91 of this article, must be sentenced in accordance with the
provisions of section 70.80 of this chapter.
§ 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, criminal sexual act in the first
degree, 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, criminal sexual act in the first degree, 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.
§ 130.96 Predatory sexual assault against a child.
A person is guilty of predatory sexual assault against a child when,
being eighteen years old or more, he or she commits the crime of rape in
the first degree, criminal sexual act in the first degree, 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 the victim is
less than thirteen years old.
Predatory sexual assault against a child is a class A-II felony.