§ 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:

* NB Effective until September 1, 2024

* A person is guilty of predatory sexual assault when he or she
commits the crime of rape in the first degree, a crime formerly defined
in section 130.50 of this title, the crime of 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:

* NB Effective September 1, 2024

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

* NB Effective until September 1, 2024

* 2. He or she has engaged in conduct constituting the crime of rape
in the first degree, a crime formerly defined in section 130.50 of this
title, the crime of 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

* NB Effective September 1, 2024

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.