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Article 130 - NY Penal Law

• NY Laws ›
• Penal Law ›
• Part 3 ›
• Title H ›
• Article 130

S 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.

S 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.

S 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.

S 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.

S 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.

S 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.

S 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.

S 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.

S 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.

S 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.
  
S 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.

S 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.

S 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.

S 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.

S 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.

S 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.

S 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.

S 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.

S 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.

S 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.

S 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.

S 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.

S 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.

S 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.

S 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.

S 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.

S 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.

S 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.

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