N.Y. PEN Law § 130.95

§ 130.95 Predatory sexual assault.\n A person is guilty of predatory sexual assault when he or she commits\nthe crime of rape in the first degree, a crime formerly defined in\nsection 130.50 of this title, the crime of aggravated sexual abuse in\nthe first degree, or course of sexual conduct against a child in the\nfirst degree, as defined in this article, and when:\n 1. In the course of the commission of the crime or the immediate\nflight therefrom, he or she:\n (a) Causes serious physical injury to the victim of such crime; or\n (b) Uses or threatens the immediate use of a dangerous instrument; or\n 2. He or she has engaged in conduct constituting the crime of rape in\nthe first degree, a crime formerly defined in section 130.50 of this\ntitle, the crime of aggravated sexual abuse in the first degree, or\ncourse of sexual conduct against a child in the first degree, as defined\nin this article, against one or more additional persons; or\n 3. He or she has previously been subjected to a conviction for a\nfelony defined in this article, incest as defined in section 255.25 of\nthis chapter or use of a child in a sexual performance as defined in\nsection 263.05 of this chapter.\n Predatory sexual assault is a class A-II felony.\n