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Nassau County Sexually Motivated Felony

N.Y. Pen. Law § 130.91

If you commit a felony such as assault, kidnapping or burglary in order to receive sexual gratification, you will have also committed the sex crime of sexually motivated felony. N.Y. Pen. Law § 130.91. In order to face this charge, the felony that you commit or attempt to commit must be a specific felony listed in the sexually motivated felony statute. The list of felonies includes:

  • Assault in the second degree. N.Y. Pen. Law § 120.05
  • Assault in the first degree. N.Y. Pen. Law § 120.10
  • Gang assault in the second degree. N.Y. Pen. Law § 120.06
  • Gang assault in the first degree. N.Y. Pen. Law § 120.07
  • Stalking in the first degree. N.Y. Pen. Law § 120.60
  • Strangulation in the second degree. N.Y. Pen. Law § 121.12
  • Strangulation in the first degree. N.Y. Pen. Law § 121.13
  • Manslaughter in the second degree. N.Y. Pen. Law § 125.15
  • Manslaughter in the first degree. N.Y. Pen. Law § 125.20
  • Murder in the second degree. N.Y. Pen. Law § 125.25
  • Aggravated murder. N.Y. Pen. Law § 125.26
  • Murder in the first degree. N.Y. Pen. Law § 125.27
  • Kidnapping in the second degree. N.Y. Pen. Law § 135.20
  • Kidnapping in the first degree. N.Y. Pen. Law § 135.25
  • Burglary in the third degree. N.Y. Pen. Law § 140.20
  • Burglary in the second degree. N.Y. Pen. Law § 140.25
  • Burglary in the first degree. N.Y. Pen. Law § 140.30
  • Arson in the second degree. N.Y. Pen. Law § 150.15
  • Arson in the first degree. N.Y. Pen. Law § 150.20
  • Robbery in the third degree. N.Y. Pen. Law § 160.05
  • Robbery in the second degree. N.Y. Pen. Law § 160.10
  • Robbery in the first degree. N.Y. Pen. Law § 160.15
  • Promoting prostitution in the second degree. N.Y. Pen. Law § 230.30
  • Promoting prostitution in the first degree. N.Y. Pen. Law § 230.32
  • Compelling prostitution. N.Y. Pen. Law § 230.33
  • Disseminating indecent material to minors in the first degree. N.Y. Pen. Law § 235.22
  • Use of a child in a sexual performance. N.Y. Pen. Law § 263.05
  • Promoting an obscene sexual performance by a child. N.Y. Pen. Law § 263.10
  • Promoting a sexual performance by a child. N.Y. Pen. Law § 263.15

The impact of committing one of the listed crimes with a sexual motivation is that the underlying felony will immediately be deemed more serious and labeled a "violent felony offense." N.Y. Pen. Law § 70.02. Furthermore, if convicted in addition to having a criminal record with a felony you will also be required to register as a sex offender. Thus, the possible consequences are must more severe than if you are convicted of the underlying felony without there being a sexual motivation. If you are charged with a sexually motivated felony it is important that you as early in your case as possible contact an experienced Nassau County Sexually Motivated Felony Lawyer who will review the facts of your case, explain to you your legal options, and aggressively defend you against the charges.

What are the elements of the underlying felonies?

The underlying crimes for a sexually motivated felony fall into several categories:

  • Assault Crimes
  • Murder and Manslaughter Crimes
  • Kidnapping Crimes
  • Property Crimes
  • Arson Crimes
  • Theft Crimes
  • Prostitution and Obscenity Crimes

Assault crimes. You would have committed assault if you intentional cause injury to another person. Assault in the first and second degrees are the most serious types of assault. Assault in the second degree is a Class D felony and involves causing someone injury or using a deadly weapon during the assault. Assault in the first degree is a Class B felony. You will face this charge if you intentionally harm someone using a deadly weapon, intentionally disfigure someone, or assault someone in manner that shows a depraved indifference to human life. In People v. Dallas, 070314 NYAPP4, 2014-05083 (2014), defendant Richard Dallas was convicted of assault in the first degree as a sexually motivated felony based on anally sodomizing a 9 month-old baby.

Gang assault is similar to assault, but involves the presence of at least two people. Based on how much injury was intended for the victim, you could face a charge of gang assault in the first or gang assault in the second degrees. They are Class B and C felonies. Stalking involves one person making another person feel unsafe or threatened by initiating contact, or attempting to communicate with the person after he or she has asked the person to stop. To face this charge it is not necessary that you touch or physically injure the victim. Stalking rises to the level of stalking in the first degree if you do intentionally and recklessly injure the victim. It is a Class D felony. Strangulation is a specific type of assault that involves applying pressure to the throat or neck of another person in an effort to cut off circulation or impede normal breathing. The strangulation charge will rise to the level of strangulation in the second degree if while you are in the process of strangling the victim he or she loses consciousness or is injured. It is a Class D felony. If the injury is serious, the charge will be strangulation in the first degree, a Class C felony.

Murder and manslaughter crimes. The crimes of manslaughter and murder involve killing another person. The difference between a charge of murder and a charge of manslaughter is the level of intent involved. You will be charged with manslaughter in the second degree, a Class C felony, if the death of another person is caused by your recklessness, by you assisting in a suicide, or by you performing an abortion that results in the death of that woman. On the other hand, manslaughter in the first degree will be the charge that you face if you intentionally try to seriously harm someone and as a result that person dies, or if you intend to kill one person but end up killing a different person, or if you perform an abortion on a person who is more than 24 weeks pregnant and the woman dies. It is a Class B felony.

Murder involves intentionally killing someone. All murder offenses are Class A-1 felonies. You will face a second degree murder charge if you intentionally kill someone in a manner that shows a depraved indifference for human life. Aggravated murder involves the killing of a police officer, sheriff, or other law enforcement officer in the line of duty. Murder in the first degree involves intentionally killing a law enforcement officer, or killing someone where there is a special circumstance such as killing someone to prevent that person from testifying in a criminal proceeding.

Kidnapping crimes. Kidnapping means abducting another person. The victim of kidnapping does not have to be a minor; he or she can be an adult. To face a kidnapping in the second degree you must abduct another person. It is a Class B felony. The kidnapping charge will be raised to the level of kidnapping in the first degree if you also demand a ransom, restrain the victim for more than 12 hours, or if the victim dies. Like murder, kidnapping in the first degree is a Class A-1 felony.

Property crimes. You would have committed burglary in the third degree if you enter a building with the intent to commit a crime. It is a Class D felony. Both burglary in the second degree and burglary in the first degree involve committing a burglary using a deadly weapon, causing injury in the process, or burglarizing a home. Burglary in the second degree is a Class C felony, while burglary in the first degree is a Class B felony. In People v. Judware, 75 A.D.3d (2011), the defendant was charged with a sexually motivated felony after entering the victim's home and making a sexually aggressively statement to her.

Arson crimes. Arson does not only involve setting a structure on fire. It is defined as damaging a building or vehicle using fire or an explosive. If you commit arson and you know that someone is in the building or vehicle, then you will be charged with arson in the second degree. It is a Class B felony. If the victim is injured or if you use explosives, then you will be charged with arson in the first degree. It is a Class A-1 felony.

Theft crimes. Robbery is a legal term for stealing. You would have committed robbery in the third degree if you steal something using force. It is a Class D felony. Robbery in the second degree is the charge you will face if you and at least one other person commit a robbery. You will also face this charge if you injury someone during a robbery, or if the property stolen is a vehicle. It is a Class C felony. Robbery in the first degree is a Class B felony. It involves committing a robbery and seriously injury someone, displaying a deadly weapon, or threatening to use a dangerous instrument.

Prostitution and obscenity crimes. Several crimes that are related to prostitution can be underlying crimes for a charge of sexually motivated felony. You will face a charge of promoting prostitution in the second degree if you force someone into prostitution or if you profit from prostitution involving someone who is a minor under 16 years old. It is a Class C felony. If the child is under 11, then the charge will be promoting prostitution in the first degree. It is a Class B felony. The prosecutor will charge you with the crime of compelling prostitution in the second degree if you are at least 21-years old and you force someone who is less than 16 years old into prostitution.

Disseminating indecent material to a minor is illegal. If you use a computer to give minors material that has sexual content you will be charged with disseminating indecent material in the first degree. It is a Class D felony. Use of a child in a sexual performance is the charge you will face if you use or authorize the use of a child who is under 17 years old to engage in sexual conduct. It is a Class C felony. Promoting an obscene sexual performance by a child is a Class D felony and involves producing or promoting obscene sexual conduct of a child who is under 16 years old. Promoting a sexual performance by a child involves producing, promoting or directing a child under the age of 17 to engage in sexual conduct. It is also a Class D felony.

Consequences of committing a sexually motivated felony

When a crime has an added component of a sexual motivation, it becomes both a sex crime and a violent felony. This means that instead of being sentenced as a felony, you will be sentenced under the rules for violent felonies as well as the rules for sex crimes.

Prison. If the underlying felony is a Class D felony such as robbery in the third degree, your sentence will be between 2 years in prison and 7 years in prison. If you are convicted for a Class C felony such as use of a child in a sexual performance, you will be sentenced to between 3.5 and 15 years in prison. If you are convicted of a Class B felony such as robbery in the first degree, you will be sentenced to at least 5 years in prison, with the maximum sentence being 25 years.

Fines, Fees and Restitution. There are several financial consequences to committing a sex crime. The judge may order you to pay a fine of up to $500 for a Class B misdemeanor, up to $1,000 for a Class A misdemeanor conviction or up to $5,000 for a felony conviction.

You will also be required to pay certain fees including a "mandatory surcharge" of $300 for felonies and $175 for misdemeanors as well as a victim assistance fee of $25. N.Y. Pen. Law § 60.35. You may also be required to pay fees related to probation and post-release supervision of $30 per month as well as fees associated with sex offender registration.

Another financial consequence is that you may be ordered to pay restitution to the victim. Generally, the maximum amount of restitution is $15,000 for felonies and $10,000 for misdemeanors. However, the restitution may be considerably more as medical expenses for knife wounds can be significant and the court may require you to pay those expenses.

If you do not pay a fine, fee or restitution, you may be charged with an additional crime. However, the court may lower the amount of restitution or modify payment terms if you show the court an inability to pay.

Sex Offender Status. Regardless of the number of years you are sentenced to prison, if you are convicted of almost any sex crime you will be required to register as a sex offender under the New York Sex Offender Registration Act. As a registered sex offender several restrictions will be placed on you. You will not be able to move out of New York state without informing the New York Department of Criminal Justice Services. If you do move, you must let the local law enforcement that you have moved to that jurisdiction, and you then be required to follow the sex offender registration rules of that jurisdiction. Even if you do not leave the state you will have to keep law enforcement informed of your address. You will also have to report to the local police and have your photograph taken every three years. You may have to let the police know the name and address of your employer, and the name of the school you are attending. If you do not follow these rules, you can be arrested and charged with a Class D felony that could result in jail or prison time.

While being convicted of a felony is quite serious, being convicted of a sexually motivated felony has consequences that are far more serious. This is why it is important to have someone who is experienced with defending someone who is charged with sex crimes and sexually motivated felonies. The staff at Stephen Bilkis & Associates, PLLC has years of experience successfully defending clients in New York criminal courts who are accused of both sex crimes and felonies such as sexual assault, sexual battery, forcible touching, robbery, burglary, kidnapping, assault, stalking, strangulation, manslaughter, murder, arson, and promoting prostitution. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of sex crimes in the following locations:

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