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 § 130.95 (2026)

Predatory sexual assault

✓ current as of May 2026
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§ 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.
Notes of Decisions
Cited in 46 cases (15 in the last 5 years), 2010–2026 · leading case: People v. Lancaster, 143 A.D.3d 1046 (N.Y. App. Div. 2016).
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People v. Lancaster, 143 A.D.3d 1046 (N.Y. App. Div. 2016). · cites it 5× “has engaged in conduct constituting [such crimes] against one or more additional persons" (Penal Law § 130.95 [2]). On appeal, defendant argues that County Court failed to explain the "temporal implications" of the statute.”
People v. Haideri, 141 A.D.3d 742 (N.Y. App. Div. 2016). “To establish this crime, the People were required to prove, as relevant here, that defendant committed the crime of rape in the first degree and, in the course of that crime or immediate flight therefrom, he “use[d] or threatened] the immediate use of a dangerous instrument”…”
People v. Forney, 2020 NY Slip Op 2949 (N.Y. App. Div. 2020). “[h]e or she has previously been subjected to a conviction for a felony defined in [Penal Law article 130]" (Penal Law § 130.95 [3]). The last element was satisfied by defendant's admission that in 2013 he was convicted of attempted sexual abuse in the third degree.”
People v. Ward, 141 A.D.3d 853 (N.Y. App. Div. 2016). “criminal sexual act in the first degree . . . and when . . . *854 [i]n the course of the commission of the crime or the immediate flight therefrom, he or she .”
People v. Jefferson, 125 A.D.3d 1463 (N.Y. App. Div. 2015). “Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of two counts of predatory sexual assault (Penal Law § 130.95 [1] [b]; [3]), and one count each of kidnapping in the second degree (§ 135.”
People v. Diaz, 2023 NY Slip Op 00458 (N.Y. App. Div. 2023). “Defendant first argues the verdict is not supported by legally sufficient evidence and is against the weight of the evidence in that, although he did have a sexual encounter with the victim, that encounter was consensual and did not arise from forcible compulsion ( see Penal Law…”
People v. Santiago, 111 A.D.3d 1383 (N.Y. App. Div. 2013). · cites it 2× “Memorandum: On appeal from a judgment convicting him upon a jury verdict of predatory sexual assault (Penal Law § 130.95 [1] [a]), defendant contends that County Court abused its discretion in denying his request for substitution of counsel or for an adjournment of the trial to…”
People v. Banks, 218 N.Y.S.3d 519 (N.Y. Sup. Ct., New York Cty. 2024). “Footnotes Footnote 1: This prior rape conviction underlay the instant predatory sexual assault convictions in that a person is guilty of predatory sexual assault when he commits either rape or criminal sexual act in the first degree having previously been convicted of a felony…”
People v. Bullard-Daniel, 54 Misc. 3d 177 (2016). “Defendant is charged with predatory sexual assault (Penal Law § 130.95 [1] [a]) and burglary in the first degree (Penal Law § 140.”
Beckham v. Miller, 366 F. Supp. 3d 379 (E.D.N.Y 2019). “Annitto testified that that profile could only be found in "one in greater than a trillion people." Id. at 602. The jury acquitted Beckham of predatory sexual assault (count 1) and convicted him of attempted predatory sexual assault (count 2).”
People v. Green, 132 A.D.3d 1268 (N.Y. App. Div. 2015). “95 (2), and it must therefore be amended to reflect that he was convicted under Penal Law § 130.95 (2) (see People v Holmes, 104 AD3d 1288, 1290 [2013], lv denied 22 NY3d 1041 [2013]).”
People v. Hairston, 35 Misc. 3d 830 (N.Y. Sup. Ct. 2012). · cites it 18× “Penal Law § 130.95 (2), predatory sexual assault, as charged in the instant indictment, reads as follows: “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…”
Show all 46 citing cases →
N.Y. Penal Law § 130.95(1)(b): 1 case
Rios v. Miller (S.D.N.Y. 2021).
N.Y. Penal Law § 130.95(2): 1 case
People v. Macias, 2026 NY Slip Op 03396 (N.Y. App. Div. 2026).
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