2010 New York Code
PEN - Penal
Part 2 - SENTENCES
Title E - SENTENCES
Article 70 - (70.00 - 70.85) SENTENCES OF IMPRISONMENT
70.80 - Sentences of imprisonment for conviction of a felony sex offense.

§ 70.80 Sentences  of  imprisonment  for  conviction  of  a  felony  sex
               offense.
    1. Definitions.
    (a) For the purposes of this section, a "felony sex offense"  means  a
  conviction  of  any felony defined in article one hundred thirty of this
  chapter,  including  a  sexually  motivated  felony,  or  patronizing  a
  prostitute  in  the  first  degree  as defined in section 230.06 of this
  chapter, incest in the second degree as defined  in  section  255.26  of
  this chapter, or incest in the first degree as defined in section 255.27
  of  this chapter, or a felony attempt or conspiracy to commit any of the
  above.
    (b) A felony sex  offense  shall  be  deemed  a  "violent  felony  sex
  offense"  if it is for an offense defined as a violent felony offense in
  section 70.02 of this article, or for a  sexually  motivated  felony  as
  defined in section 130.91 of this chapter where the specified offense is
  a violent felony offense as defined in section 70.02 of this article.
    (c)  For  the  purposes  of  this  section,  a  "predicate  felony sex
  offender" means a person who stands convicted of any felony sex  offense
  as  defined in paragraph (a) of this subdivision, other than a class A-I
  felony, after having previously been subjected to one or more  predicate
  felony  convictions  as  defined  in subdivision one of section 70.06 or
  subdivision one of section 70.04 of this article.
    (d) For purposes of this section, a "violent felony  offense"  is  any
  felony  defined in subdivision one of section 70.02 of this article, and
  a "non-violent felony offense" is any felony not defined therein.
    2. In imposing a sentence within the authorized  statutory  range  for
  any  felony sex offense, the court may consider all relevant factors set
  forth in section 1.05 of this chapter, and in particular,  may  consider
  the  defendant's  criminal history, if any, including any history of sex
  offenses; any mental  illness  or  mental  abnormality  from  which  the
  defendant  may  suffer;  the defendant's ability or inability to control
  his sexual behavior; and, if the defendant  has  difficulty  controlling
  such  behavior, the extent to which that difficulty may pose a threat to
  society.
    3. Except as provided by subdivision four, five, six, seven  or  eight
  of this section, or when a defendant is being sentenced for a conviction
  of  the  class  A-II  felonies of predatory sexual assault and predatory
  sexual assault against a child as defined in sections 130.95 and  130.96
  of  this  chapter,  or  for  any class A-I sexually motivated felony for
  which a life sentence or a life without parole sentence must be imposed,
  a sentence imposed upon a defendant convicted of a  felony  sex  offense
  shall  be  a  determinate  sentence.  The  determinate sentence shall be
  imposed by the court in whole or half years, and shall include as a part
  thereof  a  period  of  post-release  supervision  in  accordance   with
  subdivision two-a of section 70.45 of this article. Persons eligible for
  sentencing  under  section  70.07 of this article governing second child
  sexual assault felonies  shall  be  sentenced  under  such  section  and
  paragraph (j) of subdivision two-a of section 70.45 of this article.
    4.  (a)  Sentences  of imprisonment for felony sex offenses. Except as
  provided in subdivision five, six, seven, or eight of this section,  the
  term of the determinate sentence must be fixed by the court as follows:
    (i)  for  a  class  B felony, the term must be at least five years and
  must not exceed twenty-five years;
    (ii) for a class C felony,  the  term  must  be  at  least  three  and
  one-half years and must not exceed fifteen years;
    (iii)  for  a  class D felony, the term must be at least two years and
  must not exceed seven years; and

(iv) for a class E felony, the term must be at least one and  one-half
  years and must not exceed four years.
    (b) Probation. The court may sentence a defendant convicted of a class
  D  or  class  E  felony  sex offense to probation in accordance with the
  provisions of section 65.00 of this title.
    (c) Alternative definite sentences for class D and class E felony  sex
  offenses. If the 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 a sentence of imprisonment is necessary but that  it  would
  be unduly harsh to impose a determinate sentence upon a person convicted
  of  a  class  D  or  class  E felony sex offense, the court may impose a
  definite sentence of imprisonment and fix a term of one year or less.
    5. Sentence of imprisonment for a predicate felony sex  offender.  (a)
  Applicability.  This  subdivision  shall apply to a predicate felony sex
  offender who stands convicted of a non-violent felony  sex  offense  and
  who was previously convicted of one or more felonies.
    (b)  Non-violent  predicate  felony offense. When the court has found,
  pursuant to the provisions of the criminal procedure law, that a  person
  is   a  predicate  felony  sex  offender,  and  the  person's  predicate
  conviction was for a non-violent felony offense, the court must impose a
  determinate sentence of imprisonment, the term of which must be fixed by
  the court as follows:
    (i) for a class B felony, the term must be at least  eight  years  and
  must not exceed twenty-five years;
    (ii)  for  a  class C felony, the term must be at least five years and
  must not exceed fifteen years;
    (iii) for a class D felony, the term must be at least three years  and
  must not exceed seven years; and
    (iv)  for  a  class  E felony, the term must be at least two years and
  must not exceed four years.
    (c) Violent predicate  felony  offense.  When  the  court  has  found,
  pursuant  to the provisions of the criminal procedure law, that a person
  is  a  predicate  felony  sex  offender,  and  the  person's   predicate
  conviction  was  for  a  violent felony offense, the court must impose a
  determinate sentence of imprisonment, the term of which must be fixed by
  the court as follows:
    (i) for a class B felony, the term must be at  least  nine  years  and
  must not exceed twenty-five years;
    (ii)  for  a  class  C felony, the term must be at least six years and
  must not exceed fifteen years;
    (iii) for a class D felony, the term must be at least four  years  and
  must not exceed seven years; and
    (iv)  for a class E felony, the term must be at least two and one-half
  years and must not exceed four years.
    (d) A defendant who stands  convicted  of  a  non-violent  felony  sex
  offense, other than a class A-I or class A-II felony, who is adjudicated
  a  persistent felony offender under section 70.10 of this article, shall
  be sentenced pursuant to the provisions of section 70.10 or pursuant  to
  this subdivision.
    6.  Sentence  of imprisonment for a violent felony sex offense. Except
  as provided in subdivisions seven and eight of this section, a defendant
  who stands convicted of a violent felony sex offense must  be  sentenced
  pursuant  to the provisions of section 70.02, section 70.04, subdivision
  six of section 70.06, section 70.08, or section 70.10 of  this  article,
  as applicable.
    7.  Sentence  for  a  class A felony sex offense. When a person stands
  convicted of a sexually motivated felony pursuant to section  130.91  of

this  chapter  and  the specified offense is a class A felony, the court
  must sentence the defendant in accordance with the provisions of:
    (a)  section  60.06 of this chapter and section 70.00 of this article,
  as applicable, if such offense is a class A-I felony; and
    (b) section 70.00, 70.06 or 70.08 of this article, as  applicable,  if
  such offense is a class A-II felony.
    8.  Whenever  a  juvenile  offender  stands  convicted of a felony sex
  offense, he or she must be  sentenced  pursuant  to  the  provisions  of
  sections 60.10 and 70.05 of this chapter.
    9.  Every determinate sentence for a felony sex offense, as defined in
  paragraph (a) of subdivision one of this section,  imposed  pursuant  to
  any section of this article, shall include as a part thereof a period of
  post-release supervision in accordance with subdivision two-a of section
  70.45 of this article.