Felony with Sexual Motive under New York Penal Law 130.91

by ECL Writer
Felony with Sexual Motive under New York Penal Law 130.91

In the realm of criminal law, few offenses carry as much weight and societal stigma as those involving sexual misconduct. In New York, the legislature has taken a comprehensive approach to addressing such crimes, enacting a series of statutes aimed at safeguarding the rights and well-being of its citizens. Among these laws, New York Penal Law 130.91 stands out as a crucial piece of legislation designed to combat sexual offenses driven by a specific motive.

Felony with sexual motive, as defined under New York Penal Law 130.91, represents a critical intersection of justice and protection for potential victims. This provision seeks to address not just the act itself but the underlying motive behind certain sexual offenses. By delving into the depths of intent and motivation, New York’s legal system aims to provide a framework for prosecuting individuals who commit sexual offenses with a clear sexual motive, ensuring that justice is served and society’s most vulnerable members are shielded from harm.

In this article, eastcoastlaws.com will explore the intricacies of New York Penal Law 130.91, shedding light on its purpose, scope, and the legal implications it holds for those involved. We will examine what constitutes a felony with a sexual motive, the penalties it carries, and the broader impact it has on both victims and the criminal justice system. By gaining a deeper understanding of this statute, we can better appreciate the state’s commitment to addressing sexual offenses in a comprehensive and effective manner.

Exemple

A person enters a bank wearing a mask and carrying a fake gun. They approach the bank teller, demand money, and threaten to shoot if the teller doesn’t comply. The bank teller activates the silent alarm, and the would-be robber panics and runs out of the bank before taking any money. The person could be charged with attempted armed robbery, even though they didn’t actually steal anything. Their intent to commit a robbery with a weapon was clear from their actions and threats.

Defenses

To effectively defend against a sexually motivated felony charge, you must address both the underlying felony accusation, such as burglary, and any allegations of a sex crime or intent to commit one. This involves disputing the burglary charge with evidence of innocence and countering the sex crime allegations by demonstrating lack of intent or proving consensual activity if applicable.

Additionally, assess the credibility and potential biases of the accuser, present character witnesses, and explore legal defenses. Collaborate with an attorney to tailor your defense strategy to the specific circumstances of your case, considering negotiation or plea bargaining if necessary. The success of your defense hinges on a careful and comprehensive approach, with each case being unique.

Sentence

Crimes with a sexual motivation can lead to more severe penalties, potentially being categorized as both sex crimes and violent felonies. This dual classification can result in mandatory minimum prison sentences. In addition, those convicted may be required to register as sex offenders under laws like New York’s Sex Offender Registration Act (SORA), which could last for at least 20 years or even a lifetime. Laws and penalties vary by jurisdiction and the specifics of each case, so consulting with a qualified attorney is essential for personalized legal advice and defense strategies.

New York Penal Code section 130.91: Sexually motivated felony

A sexually motivated felony occurs when an individual commits a specified offense with the primary or substantial intent of seeking their own immediate sexual satisfaction. A “specified offense” is a felony crime defined by any of the following sections within 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.
  • Any felony attempt or conspiracy to commit any of the above offenses.

In summary, a sexually motivated felony involves committing one of these specified offenses with the primary goal of achieving personal sexual satisfaction, either wholly or in substantial part.

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