N.Y. PEN Law § 70.07 — New York Code / Act PEN / Part 2 / Title E / Article 70 / Section 70.07
Sentence of imprisonment for second child sexual assault felony offender
Status: in_force

§ 70.07 Sentence of imprisonment for second child sexual assault felony\n            offender.\n  1. A person who stands convicted of a felony offense for a sexual\nassault against a child, having been subjected to a predicate felony\nconviction for a sexual assault against a child, must be sentenced in\naccordance with the provisions of subdivision four or five of this\nsection.\n  2. A "sexual assault against a child" means a felony offense, other\nthan persistent sexual abuse as defined in section 130.53 of this\nchapter, (a) the essential elements of which include the commission or\nattempted commission of sexual conduct, as defined in subdivision ten of\nsection 130.00 of this chapter, (b) committed or attempted to be\ncommitted against a child less than fifteen years old.\n  3. For purposes of determining whether a person has been subjected to\na predicate felony conviction under this section, the criteria set forth\nin paragraph (b) of subdivision one of section 70.06 shall apply\nprovided however that for purposes of this subdivision, the terms "ten\nyear" or "ten years", as provided in subparagraphs (iv) and (v) of\nparagraph (b) of subdivision one of such section 70.06, shall be\n"fifteen year" or "fifteen years". The provisions of section 400.19 of\nthe criminal procedure law shall govern the procedures that must be\nfollowed to determine whether a person who stands convicted of a sexual\nassault against a child has been previously subjected to a predicate\nfelony conviction for such a sexual assault and whether such offender\nwas eighteen years of age or older at the time of the commission of the\npredicate felony.\n  4. Where the court has found pursuant to subdivision three of this\nsection that a person who stands convicted of a felony offense defined\nin article one hundred thirty of this chapter for the commission or\nattempted commission of a sexual assault against a child has been\nsubjected to a predicate felony conviction for a sexual assault against\na child, the court shall sentence the defendant as follows:\n  (a) where the defendant stands convicted of such sexual assault\nagainst a child and such conviction is for a class A-II or class B\nfelony offense, and the predicate conviction for such sexual assault\nagainst a child is for a class A-II, class B or class C felony offense,\nthe court shall impose an indeterminate sentence of imprisonment, the\nmaximum term of which shall be life and the minimum period of which\nshall be at least fifteen years and no more than twenty-five years;\n  (b) where the defendant stands convicted of such sexual assault\nagainst a child and the conviction is for a class C felony offense, and\nthe predicate conviction for such sexual assault against a child is for\na class A-II, class B or class C felony offense, the court shall impose\na determinate sentence of imprisonment, the term of which must be at\nleast twelve years and must not exceed thirty years; provided however,\nthat if the court determines that a longer sentence is warranted, the\ncourt shall set forth on the record the reasons for such determination\nand, in lieu of imposing such sentence of imprisonment, may impose an\nindeterminate sentence of imprisonment, the maximum term of which shall\nbe life and the minimum period of which shall be at least fifteen years\nand no more than twenty-five years;\n  (c) where the defendant stands convicted of such sexual assault\nagainst a child and the conviction is for a class B felony offense, and\nthe predicate conviction for such sexual assault against a child is for\na class D or class E felony offense, the court shall impose a\ndeterminate sentence of imprisonment, the term of which must be at least\ntwelve years and must not exceed thirty years;\n  (d) where the defendant stands convicted of such sexual assault\nagainst a child and the conviction is for a class C felony offense, and\nthe predicate conviction for such sexual assault against a child is for\na class D or class E felony offense, the court shall impose a\ndeterminate sentence of imprisonment, the term of which must be at least\nten years and must not exceed twenty-five years;\n  (e) where the defendant stands convicted of such sexual assault\nagainst a child and the conviction is for a class D felony offense, and\nthe predicate conviction for such sexual assault against a child is for\na felony offense, the court shall impose a determinate sentence of\nimprisonment, the term of which must be at least five years and must not\nexceed fifteen years; and\n  (f) where the defendant stands convicted of such sexual assault\nagainst a child and the conviction is for a class E felony offense, and\nthe predicate conviction for such sexual assault against a child is for\na felony offense, the court shall impose a determinate sentence of\nimprisonment, the term of which must be at least four years and must not\nexceed twelve years.\n  5. Notwithstanding subdivision four of this section, where the court\nhas found pursuant to subdivision three of this section that a person:\n(a) stands convicted of a felony offense defined in article one hundred\nthirty of this chapter for the commission or attempted commission of a\nsexual assault against a child; and (b) has been subjected to a\npredicate felony conviction for sexual assault against a child as\ndefined in subdivision two of this section; and (c) who was under the\nage of eighteen years at the time of the commission of such predicate\nfelony offense, then the court may, in lieu of the sentence authorized\nby subdivision four of this section, sentence the defendant to a term of\nimprisonment in accordance with the sentence authorized for the instant\nfelony offense pursuant to subdivision three of section 70.04 of this\narticle. The court shall set forth on the record the reasons for such\ndetermination.\n