NYSentencing

§ 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,  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:
(As amended by L.2024 c.23 sec.12 effective 09/01/24.)
  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, 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
(As amended by L.2024 c.23 sec.12 effective 09/01/24.)

  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.
with Argument