Sexually Motivated Felony

In New York, the law recognizes a category referred to as Sexually Motivated Felony (New York Penal Law § 130.91) used when a felony is committed with a sexual motive, fundamentally changing the nature of the charges and often leading to more severe penalties if convicted. Understanding the specifics of these charges and the potential implications is crucial for anyone facing such accusations.

If you find yourself or someone you know in this challenging situation, it’s important to seek the guidance of a knowledgeable Manhattan sex crimes lawyer from Lebedin Kofman LLP. With extensive experience in handling these sensitive cases, our attorneys can effectively protect your rights and develop a robust defense strategy tailored to your circumstances.

What is a Sexually Motivated Felony?

New York Penal Law § 130.91, concerning sexually motivated felonies, plays a critical role in the state’s legal framework for addressing crimes where sexual motivation is a component. Understanding this statute is essential for anyone facing charges or involved in the criminal justice system in this context.

A sexually motivated felony under New York Penal Law § 130.91 occurs when a person commits a specified offense and the conduct is both sexually motivated and constitutes a felony. The law was designed to address situations where the primary intent behind committing a felony is sexual gratification or compulsion, which does not necessarily have to result in a sexual offense per se. For instance, burglary could be deemed a sexually motivated felony if the intruder entered a residence not just to steal, but to commit a sexual crime.

Elements of a Sexually Motivated Felony Offense

A “Sexually Motivated Felony” as defined under New York law involves specific elements that must be proven for a conviction to occur. Understanding these elements is crucial for both the defense and prosecution in navigating the complexities of such cases.

Below, we break down the key components that constitute a Sexually Motivated Felony offense:

1.Commitment of an Underlying Felony

The first requirement is that an underlying felony listed under the Sexually Motivated Felony statute must have been committed.

The list specifically included under the statute include the following:

Assault
Gang Assault
Stalking
Strangulation
Manslaughter
Murder
Aggravated Murder
Kidnapping
Burglary
Arson
Robbery
Promoting Prostitution
Compelling Prostitution
Sex Trafficking of a Child
Disseminating Indecent Material to Minors
Use of a Child in a Sexual Performance
Promoting an Obscene Sexual Performance by a Child
Promoting a Sexual Performance by a Child

The nature of the felony itself does not need to be inherently sexual; however, it forms the foundational element of the charge.

2.Sexual Motivation

In New York, a Sexually Motivated Felony involves not just committing a felony, but also engaging in, attempting, or intending to commit a sex crime in conjunction with that felony. This classification significantly affects the legal proceedings and potential penalties, as it addresses both the felony and the sexual offense.

As the classification includes a sexual motivation, the felony initially committed will also be categorized as a “violent felony offense”. The legal implications are severe, including longer prison terms and mandatory sex offender registration. Given these complexities, it’s crucial for anyone charged under this statute to seek experienced legal representation. At Lebedin Kofman LLP our Manhattan sex crimes attorney can help you effectively understand the dual aspects of the charges and protect and advocate for your rights.

Legal Interpretations

The interpretation of what constitutes “sexual motivation” can be complex and often subjective, making skilled legal representation crucial. Defense attorneys must be adept at challenging the prosecution’s evidence regarding the alleged sexual motivation. They may argue that other motivations were equally or more plausible in the commission of the felony.

In understanding NY Penal Law § 130.91, it’s clear that the statute not only addresses the nature of the crime but also the intent behind it, which requires a deep dive into the psychological and circumstantial elements surrounding each case. This complexity underscores the necessity for experienced legal professionals to address these challenging and sensitive cases.

For anyone facing such charges, it’s vital to understand these elements deeply and work with legal counsel who can navigate the intricate details of both the felony and the associated sexual offense allegations. A lawyer experienced in such cases can scrutinize the evidence regarding both the felony and the sexual component, challenging inaccuracies and defending the accused’s rights vigorously.

Seek skilled legal representation: If you are dealing with such charges, contacting a lawyer with experience in both felonies and sex crime defense from Lebedin Kofman LLP, is crucial. Our attorneys can help clarify your legal position, contest the charges effectively, and aim for the best possible outcome given the circumstances.

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Distinguishing Between Sexually Motivated
Felonies and Other Sex Crimes

New York Penal Law § 130.91 outlines the framework for prosecuting sexually motivated felonies, distinguishing these crimes based on the intent behind the criminal act. Understanding the specific charges and definitions under this statute is crucial for both legal professionals and the accused to navigate the complexities of such cases effectively.

Sexually motivated felonies are distinct from other sex crimes primarily due to the underlying intent of the perpetrator. While traditional sex crimes under New York law, such as rape or sexual abuse, involve direct sexual acts against the consent of another, sexually motivated felonies might not involve a direct sexual act. Instead, these felonies are characterized by the perpetrator’s intent to achieve sexual gratification through the commission of a felony that may not be inherently sexual.

For example, an assault or burglary becomes a sexually motivated felony when the intent behind the crime is sexual gratification, even if no sexual act is completed during the commission of the crime. The distinction between sexually motivated felonies and other types of sex crimes lies in the psychological underpinnings of the criminal act, making the legal battles both intricate and intensely personal.

Legal Consequences and Penalties Associated with Sexually Motivated Felonies

In New York, the legal repercussions of being convicted under Penal Law § 130.91 for a sexually motivated felony are severe and far-reaching. These penalties are determined not only by the nature of the felony committed but also by the sexual motivation behind it, which can lead to enhanced sentencing and additional legal consequences.

Sentencing Guidelines for § 130.91 Violations

When an offense is committed with a sexual motive, it is classified under New York law not only as a felony but also as a sex crime and a violent felony. This dual classification significantly impacts the sentencing process. Instead of being sentenced solely as a standard felony, the crime is subject to the sentencing guidelines for both violent felonies and sex crimes. Consequently, the individual faces at least two felony charges, which includes a mandatory minimum prison sentence.

Moreover, being convicted of a sex crime triggers additional legal obligations under the New York Sex Offender Registration Act (SORA). This means the individual must register as a sex offender, a requirement that lasts for a minimum of 20 years and can potentially extend for a lifetime. This registration carries significant social, professional, and legal repercussions, affecting various aspects of a person’s life.

Given these serious consequences, it’s crucial for anyone charged with a sexually motivated felony to seek competent legal counsel. A skilled Manhattan sex crimes lawyer from Lebedin Kofman LLP can offer invaluable assistance. They can help navigate the complexities of the charges, advocate for your rights, and work towards minimizing the potential impact on your life.

Defending Against a Charge Under NY Penal Law § 130.91

To mount a strong defense against charges of a sexually motivated felony, it’s essential to first tackle the base felony accusation. For instance, if you’re accused of burglary, you must challenge evidence suggesting that you unlawfully entered someone’s property. This involves discrediting witness testimonies or presenting contrary evidence that establishes your absence from the scene or another plausible explanation for your presence.

In addition to disproving the underlying felony, you must also confront any allegations related to the sexual aspect of the crime. If the case involves claims of non-consensual sexual contact, presenting evidence or testimony that supports the consensuality of the encounter can be crucial. This might include messages, witness statements, or other forms of evidence that suggest mutual consent.

Given the complexities and the severe repercussions of a conviction, including mandatory registration as a sex offender under the New York Sex Offender Registration Act (SORA), securing skilled legal representation is vital. An attorney experienced in handling sexually motivated felonies can navigate the intricacies of both the criminal justice system and the specific dynamics of your case.

Seek experienced legal help immediately. Working with a knowledgeable Manhattan sex crimes lawyer from Lebedin Kofman LLP can be a decisive step. Our attorneys can evaluate the evidence, develop a comprehensive defense strategy, and work to protect your rights and future.

New York Penal Law § 130.91: Sexually Motivated Felony

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.
A “specified offense” is a felony offense defined by any of the following provisions of this chapter:

- Assault in the Second Degree (NYPL § 120.05)
- Assault in the First Degree (NYPL § 120.10)
- Gang Assault in the Second Degree (NYPL § 120.06)
- Gang Assault in the First Degree (NYPL § 120.07)
- Stalking in the First Degree (NYPL § 120.60)
- Strangulation in the Second Degree (NYPL § 121.12)
- Strangulation in the First Degree (NYPL § 121.13)
- Manslaughter in the Second Degree (NYPL § 125.15)
- Manslaughter in the First Degree (NYPL § 125.20)
- Murder in the Second Degree (NYPL § 125.25)
- Aggravated Murder (NYPL § 125.26)
  Murder in the First Degree (NYPL § 125.27)
- Kidnapping in the Second Degree (NYPL § 135.20)
- Kidnapping in the First Degree (NYPL § 135.25)
- Burglary in the Third Degree (NYPL § 140.20)
- Burglary in the Second Degree (NYPL § 140.25)
- Burglary in the First Degree (NYPL § 140.30)
- Arson in the Second Degree (NYPL § 150.15)
- Arson in the First Degree (NYPL § 150.20)
- Robbery in the Third Degree (NYPL § 160.05)
- Robbery in the Second Degree (NYPL § 160.10)
- Robbery in the First Degree (NYPL § 160.15)
- Promoting Prostitution in the Second Degree (NYPL § 230.30)
- Promoting Prostitution in the First Degree (NYPL § 230.32)
- Compelling Prostitution (NYPL § 230.33)
- Sex Trafficking of a Child (NYPL § 230.34-a)
- Disseminating Indecent Material to Minors in the First Degree (NYPL § 235.22)
- Use of a Child in a Sexual Performance (NYPL § 263.05)
- Promoting an Obscene Sexual Performance by a Child (NYPL § 263.10)
- Promoting a Sexual Performance by a Child (NYPL § 263.15)
- Any Felony Attempt or Conspiracy to Commit Any of the Foregoing Offenses

How a Skilled Manhattan Sex Crimes Lawyer From Lebedin Kofman LLP Can Help

When facing charges of a Sexually Motivated Felony under NY Penal Law § 130.91, having the assistance of a knowledgeable attorney from Lebedin Kofman LLP can make a significant difference.

Here’s how we can help in evaluating your case and providing a strong defense:

Examining the Charges and Evidence: Our attorneys can carefully review all the details of the charges against you and the evidence presented by the prosecution. They can look for any inconsistencies or weaknesses in the prosecution’s case that could be used in your favor.
Clarifying Legal Proceedings: Our attorneys can explain the legal process and what you can expect at each stage. This includes going over your rights and the potential outcomes, ensuring you understand the situation fully.
Crafting a Defense Plan: Based on the specific details of your case, our team can develop a defense strategy that addresses both the charges and the circumstances surrounding them. This might involve challenging the assertion that the felony was sexually motivated, or arguing other key points like mistaken identity or consent.
Courtroom Advocacy: If your case goes to trial, your attorney can represent your rights and best interests. Our attorneys have extensive experience in handling jury trials.
Continuous Support: Throughout the process, our attorneys will keep you informed about the progress of your case and involved in decision-making, aiming to make the experience as manageable as possible for you.

With a lawyer from Lebedin Kofman LLP assisting you, you gain access to a team well-versed in defending against your charges. Our careful analysis of your case, combined with their proactive legal strategies and strong courtroom presence, can provide a comprehensive defense that aims to achieve the best possible outcome.

How a Skilled Manhattan Sex Crimes Lawyer Can Help	Description
Examining the Charges and Evidence	Careful review of the charges and evidence to identify inconsistencies or weaknesses in the prosecution’s case.
Clarifying Legal Proceedings	Explanation of the legal process, your rights, and potential outcomes.
Crafting a Defense Plan	Development of a defense strategy tailored to the specifics of your case, which may involve challenging key points like the motivation of the felony or mistaken identity.
Courtroom Advocacy	Representation in trial, leveraging extensive experience in handling jury trials.
Continuous Support	Ongoing communication and involvement in decision-making throughout the legal process.

Call Lebedin Kofman LLP Today For Personalized Legal Attention

Being charged with Sexually Motivated Felony in New York is a matter that requires urgent and professional attention, as these cases are complex and carry serious consequences. If you or someone you know has been charged, it’s important to act quickly and seek qualified legal help. A Manhattan sex crimes lawyer from Lebedin Kofman LLP can provide essential guidance, protect your rights, and work towards the best possible outcome by crafting a strong defense strategy tailored to your case.

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