N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation / ARTICLE Sex Offenses
New York Consolidated Laws

N.Y. Penal Law § 130.91 (2026)

Sexually motivated felony

✓ current as of May 2026
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§ 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,
sex trafficking of a child as defined in section 230.34-a, 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.
Notes of Decisions
Cited in 38 cases (15 in the last 5 years), 2010–2026 · leading case: People v. Rodriguez, 97 A.D.3d 246 (N.Y. App. Div. 2012).
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People v. Rodriguez, 97 A.D.3d 246 (N.Y. App. Div. 2012). · cites it 5× “” 1 The second count — which is the main focus of this appeal — charged him with “the crime of SEXUALLY MOTIVATED FELONY, in violation of Penal Law § 130.91 (l).” 2 The second count provides in full as follows: “AND THE GRAND JURY AFORESAID, by this indictment, further accuse…”
People v. Ward, 141 A.D.3d 853 (N.Y. App. Div. 2016). · cites it 2× “12) and, further, that he committed this particular offense (see Penal Law § 130.91 [2]) “for the purpose, in whole or substantial part, of his .”
People v. Sanford, 148 A.D.3d 1580 (N.Y. App. Div. 2017). · cites it 2× “Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of burglary in the second degree as a sexually motivated felony (Penal Law §§ 130.91 [1]; 140.25 [2]). The conviction arises from the victim’s report that, one night while she was sleeping, her…”
State v. Farnsworth, 75 A.D.3d 14 (N.Y. App. Div. 2010). · cites it 2× “At the same time that the Legislature enacted article 10, it created a new crime under article 130 of the Penal Law, entitled sexually motivated felony (Penal Law § 130.91, added by L 2007, ch 7, § 29).”
People v. Hildreth, 2021 NY Slip Op 06250 (N.Y. App. Div. 2021). · cites it 2× “Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, use of a child in a sexual performance as a sexually motivated felony (Penal Law §§ 130.91, 263.05), unlawful surveillance in the second degree (§ 250.”
People v. Casatelli, 2022 NY Slip Op 02313 (N.Y. App. Div. 2022). · cites it 2× “25 [2]), and that crime constitutes "a sexually motivated felony when he or she commits [it] for the purpose, in whole or substantial part, of his or her own direct sexual gratification" (Penal Law § 130.91 [1]; see Penal Law § 130.”
People v. Judware, 75 A.D.3d 841 (N.Y. App. Div. 2010). “own direct sexual gratification” (Penal Law § 130.91 [1]). However, we note that to prove a burglary, the People “need not establish what particular crime the intruder intended to commit, nor is it necessary that the intended crime in fact be committed” (People v Mackey, 49 NY2d…”
People v. Winter, 2023 NY Slip Op 01820 (N.Y. App. Div. 2023). “As burglary in the third degree as a sexually motivated felony is not among the offenses enumerated therein, we agree that defendant was improperly required to register as a sex offender pursuant to SORA ( see Correction Law § 168-a [2] [a]; Penal Law § 130.91; People v Simmons…”
People v. Bjork, 105 A.D.3d 1258 (N.Y. App. Div. 2013). “00 [5]; see Penal Law §§ 130.91 [1]; 140.25). Defendant claims that the victim let him into her home, and he argues that this is the only reasonable explanation for his presence inside, given the undisputed evidence that the door was locked and the absence of any showing of…”
People v. Delp, 2017 NY Slip Op 9039 (N.Y. App. Div. 2017). “Memorandum: Defendant appeals from a judgment convicting him after a jury trial of, inter alia, kidnapping in the second degree as a sexually motivated felony (Penal Law §§ 130.91 [2]; 135.20), sexual abuse in the first degree (§ 130.”
People v. Dallas, 119 A.D.3d 1362 (N.Y. App. Div. 2014). “, the count pursuant to Penal Law §§ 130.91 and 120.10 (3), is not supported by legally sufficient evidence that he acted under circumstances evincing a depraved indifference to human life, or that he was aware of and disregarded a grave risk of death to the victim.”
State v. Maurice G., 32 Misc. 3d 380 (N.Y. Sup. Ct. 2011). “” (Penal Law § 130.91 [1].) . This court has set forth a detailed discussion of the legislative intent of SOMTA, as well as the findings and fallacies of the Legislature with respect to recidivism and treatment, in a decision in another mental hygiene case earlier this year.”
Show all 38 citing cases →
— N.Y. Penal Law § 130.91(2) — 3 cases
People v. Simmons, 2022 NY Slip Op 00284 (N.Y. App. Div. 2022).
People v. Simmons, 2022 NY Slip Op 00284 (N.Y. App. Div. 2022).
People v. Buyund, 2019 NY Slip Op 8207 (N.Y. App. Div. 2019).
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