2006 New York Code - Definitions.

 
    §   168-a.  Definitions.  As  used  in  this  article,  the  following
  definitions apply:
    1. "Sex offender" includes any person who is convicted of any  of  the
  offenses  set  forth  in  subdivision  two  or  three  of  this section.
  Convictions that result from or are connected  with  the  same  act,  or
  result  from  offenses  committed at the same time, shall be counted for
  the purpose of this article as one conviction. Any conviction set  aside
  pursuant to law is not a conviction for purposes of this article.
    2. "Sex offense" means: (a) (i) a conviction of or a conviction for an
  attempt  to  commit  any  of  the provisions of sections 130.20, 130.25,
  130.30, 130.40, 130.45, 130.60, 250.50 and 255.25 or article two hundred
  sixty-three of the penal law,  or  section  135.05,  135.10,  135.20  or
  135.25  of such law relating to kidnapping offenses, provided the victim
  of such kidnapping or related offense is less than seventeen  years  old
  and  the  offender  is not the parent of the victim, or sections 230.04,
  where the person patronized is in fact less than seventeen years of age,
  230.05 or 230.06 or subdivision two of section 230.30, section 230.32 of
  the penal law, or (ii) a conviction of or a conviction for an attempt to
  commit any of the provisions of section 235.22  of  the  penal  law,  or
  (iii)  a  conviction  of  or  a  conviction for an attempt to commit any
  provisions of the foregoing sections committed or attempted  as  a  hate
  crime  defined  in  section  485.05  of  the  penal law or as a crime of
  terrorism defined in section 490.25 of such law; or
    (b) a conviction of or a conviction for an attempt to  commit  any  of
  the  provisions  of  section 130.52 or 130.55 of the penal law, provided
  the victim of such offense is less than eighteen years of age; or
    (c) a conviction of or a conviction for an attempt to  commit  any  of
  the  provisions  of section 130.52 or 130.55 of the penal law regardless
  of the age of the victim and the offender has previously been  convicted
  of:   (i) a sex offense defined in this article, (ii) a sexually violent
  offense defined in this article, or  (iii)  any  of  the  provisions  of
  section 130.52 or 130.55 of the penal law, or an attempt thereof; or
    (d)  a  conviction  of  (i) an offense in any other jurisdiction which
  includes all of the essential elements of any such crime provided for in
  paragraph (a), (b) or (c) of this subdivision or (ii) a  felony  in  any
  other  jurisdiction  for which the offender is required to register as a
  sex offender in the jurisdiction in which the  conviction  occurred  or,
  (iii)  any  of  the  provisions  of  18 U.S.C. 2251, 18 U.S.C. 2251A, 18
  U.S.C. 2252, 18 U.S.C. 2252A, or  18  U.S.C.  2260,  provided  that  the
  elements of such crime of conviction are substantially the same as those
  which  are  a  part  of  such  offense  as  of  the  date  on which this
  subparagraph takes effect.
    (e) a conviction of any of the provisions of subdivision two, three or
  four of section 250.45 of the penal  law,  unless  upon  motion  by  the
  defendant,   the   trial   court,   having  regard  to  the  nature  and
  circumstances of the crime and to  the  history  and  character  of  the
  defendant, is of the opinion that registration would be unduly harsh and
  inappropriate.
    3.  "Sexually  violent  offense"  means:  (a) (i) a conviction of or a
  conviction for an attempt to commit any of the  provisions  of  sections
  130.35, 130.50, 130.65, 130.66, 130.67, 130.70, 130.75 and 130.80 of the
  penal  law,  or  (ii)  a conviction of or a conviction for an attempt to
  commit any of the provisions of sections 130.53, 130.65-a and 130.90  of
  the  penal  law, or (iii) a conviction of or a conviction for an attempt
  to  commit  any  provisions  of  the  foregoing  sections  committed  or
  attempted  as a hate crime defined in section 485.05 of the penal law or
  as a crime of terrorism defined in section 490.25 of such law; or
    (b) a conviction  of  an  offense  in  any  other  jurisdiction  which
  includes  all  of the essential elements of any such felony provided for
  in paragraph (a) of this subdivision or conviction of a  felony  in  any
  other  jurisdiction  for which the offender is required to register as a
  sex offender in the jurisdiction in which the conviction occurred.
    4.  "Law  enforcement  agency  having jurisdiction" means: (a) (i) the
  chief law enforcement officer in the village, town or city in which  the
  offender expects to reside upon his or her discharge, probation, parole,
  release  to  post-release supervision or upon any form of state or local
  conditional release; or (ii)  if  there  be  no  chief  law  enforcement
  officer in such village, town or city, the chief law enforcement officer
  of the county in which the offender expects to reside; or (iii) if there
  be  no  chief enforcement officer in such village, town, city or county,
  the division of state police and (b) in the case of a sex  offender  who
  is  or  expects  to  be employed by, enrolled in, attending or employed,
  whether for compensation or not, at an institution of higher  education,
  (i)  the  chief  law enforcement officer in the village, town or city in
  which such institution is located; or (ii) if  there  be  no  chief  law
  enforcement  officer  in  such  village,  town  or  city,  the chief law
  enforcement officer of the county in which such institution is  located;
  or  (iii)  if there be no chief law enforcement officer in such village,
  town, city or county, the division of state police;  and  (iv)  if  such
  institution  operates  or  employs  a campus law enforcement or security
  agency, the chief of such agency.
    5. "Division" means the  division  of  criminal  justice  services  as
  defined by section eight hundred thirty-seven of the executive law.
    6.  "Hospital"  means  a  hospital  as  defined  in subdivision two of
  section four hundred of this chapter and applies to persons committed to
  such hospital by order of commitment made pursuant to article sixteen of
  this chapter.
    7. (a) "Sexual predator" means a sex offender who has  been  convicted
  of  a  sexually  violent  offense  defined  in subdivision three of this
  section and  who  suffers  from  a  mental  abnormality  or  personality
  disorder  that  makes  him or her likely to engage in predatory sexually
  violent offenses.
    (b) "Sexually violent offender" means a  sex  offender  who  has  been
  convicted  of a sexually violent offense defined in subdivision three of
  this section.
    (c) "Predicate sex  offender"  means  a  sex  offender  who  has  been
  convicted  of  an  offense set forth in subdivision two or three of this
  section when the offender has been previously convicted  of  an  offense
  set forth in subdivision two or three of this section.
    8.  "Mental abnormality" means a congenital or acquired condition of a
  person that affects the emotional or volitional capacity of  the  person
  in  a  manner that predisposes that person to the commission of criminal
  sexual acts to a degree that makes the person a menace to the health and
  safety of other persons.
    9. "Predatory" means an act directed at a stranger, or a  person  with
  whom  a  relationship  has  been established or promoted for the primary
  purpose of victimization.
    10.  "Board"  means  the  "board  of  examiners  of   sex   offenders"
  established  pursuant  to  section  one  hundred  sixty-eight-l  of this
  article.
    11. "Local correctional facility" means a local correctional  facility
  as  that  term  is defined in subdivision sixteen of section two of this
  chapter.
    12. Probation means  a  sentence  of  probation  imposed  pursuant  to
  article  sixty-five  of  the  penal  law and shall include a sentence of
  imprisonment imposed in conjunction with a sentence of probation.
    13.  "Institution  of  higher  education"  means an institution in the
  state providing higher education as such term is defined in  subdivision
  eight of section two of the education law.
    14.  "Nonresident  worker"  means any person required to register as a
  sex offender in another jurisdiction who is employed  or  carries  on  a
  vocation in this state, on either a full-time or a part-time basis, with
  or without compensation, for more than fourteen consecutive days, or for
  an aggregate period exceeding thirty days in a calendar year.
    15. "Nonresident student" means a person required to register as a sex
  offender  in  another  jurisdiction  who  is  enrolled on a full-time or
  part-time basis in any public or private educational institution in this
  state including any secondary school, trade or professional  institution
  or institution of higher education.