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Sexually motivated felony new york

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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 link to: 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 includes 29 felonies that are:. In addition to committing that felony, you must also commit, attempt to commit, or have the intent to commit a sex crime. The impact of committing one of the listed felonies with a sexual motivation is that the underlying felony will immediately be deemed more serious and labeled a "violent felony offense.

If you are charged with...

A man breaks into a woman's home, enters her bedroom, wakes her up and makes sexually suggestive statements to her. The woman screams, causing the man to flee. The man could be charged with sexually motivated felony based on breaking into the woman's home, which is the felony of burglary in the second degree.

Even though he did not sexually assault the woman, by entering her bedroom and making sexually suggestive statements, his intent to commit a sex crime was clear. To effectively defend against the crime of sexually motivated felony, you would have to first show that you did not commit the underlying felony.

For example, if you were charged with a burglary crime, you would need to counter testimony that you did indeed break into someone's property.

You would also need to address the accusation that you committed a sex crime or intended to commit a sex crime. For example, you could show evidence that the sexual contact, if any, was consensual. When a crime has an added component of a sexual motivation it becomes both a sex crime and a violent felony.

If you commit a 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. Plus, you will have committed at least 2 felonies. Your sentence will include a mandatory minimum prison sentence.

In addition, because you will have committed a sex crime you will be required to register as a sex offender under the New York Sex Offender Registration Act SORA Sexually motivated felony new york at least 20 years and perhaps for the rest of your life.

Sexually motivated felony. 1. A...

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: While being convicted of a felony is quite serious, being convicted of a sexually motivated felony has consequences that are far more serious.

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