§ 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 felo-
ny  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.