2013 New York Consolidated Laws
PEN - Penal
Part 3 - SPECIFIC OFFENSES
Title H - OFFENSES AGAINST THE PERSON INVOLVING PHYSICAL INJURY, SEXUAL CONDUCT, RESTRAINT AND INTIMIDATION
Article 120 - (120.00 - 120.70) ASSAULT AND RELATED OFFENSES
120.40 - Definitions.

 
  § 120.40 Definitions.
    For  purposes  of  sections  120.45, 120.50, 120.55 and 120.60 of this
  article:
    1. "Kidnapping" shall mean a kidnapping crime defined in  article  one
  hundred thirty-five of this chapter.
    2.  "Unlawful imprisonment" shall mean an unlawful imprisonment felony
  crime defined in article one hundred thirty-five of this chapter.
    3. "Sex offense" shall mean a felony defined in  article  one  hundred
  thirty  of this chapter, sexual misconduct, as defined in section 130.20
  of this chapter, sexual abuse in the third degree as defined in  section
  130.55  of  this chapter or sexual abuse in the second degree as defined
  in section 130.60 of this chapter.
    4. "Immediate family" means the spouse, former spouse, parent,  child,
  sibling,  or  any  other  person  who regularly resides or has regularly
  resided in the household of a person.
    5. "Specified predicate crime" means:
    a. a violent felony offense;
    b. a crime defined in section 130.20, 130.25, 130.30, 130.40,  130.45,
  130.55, 130.60, 130.70, 255.25, 255.26 or 255.27;
    c. assault in the third degree, as defined in section 120.00; menacing
  in  the  first  degree,  as  defined  in section 120.13; menacing in the
  second degree, as defined in  section  120.14;  coercion  in  the  first
  degree,  as defined in section 135.65; coercion in the second degree, as
  defined in section 135.60; aggravated harassment in the  second  degree,
  as defined in section 240.30; harassment in the first degree, as defined
  in  section  240.25; menacing in the third degree, as defined in section
  120.15; criminal mischief in the third degree,  as  defined  in  section
  145.05;  criminal  mischief  in the second degree, as defined in section
  145.10, criminal mischief in the first degree,  as  defined  in  section
  145.12;  criminal  tampering  in the first degree, as defined in section
  145.20; arson in the fourth degree, as defined in section 150.05;  arson
  in  the third degree, as defined in section 150.10; criminal contempt in
  the first degree, as defined in section 215.51; endangering the  welfare
  of a child, as defined in section 260.10; or
    d.  stalking  in  the  fourth  degree,  as  defined in section 120.45;
  stalking in the third degree, as defined in section 120.50; stalking  in
  the second degree, as defined in section 120.55; or
    e.  an  offense  in  any  other jurisdiction which includes all of the
  essential elements of any such crime for which a sentence to a  term  of
  imprisonment in excess of one year or a sentence of death was authorized
  and  is  authorized  in this state irrespective of whether such sentence
  was imposed.