N.Y. PEN Law § 240.75 — New York Code / Act PEN / Part 3 / Title N / Article 240 / Section 240.75
Aggravated family offense
Status: in_force

§ 240.75 Aggravated family offense.\n  1. A person is guilty of aggravated family offense when he or she\ncommits a misdemeanor defined in subdivision two of this section as a\nspecified offense and he or she has been convicted of one or more\nspecified offenses within the immediately preceding five years. For the\npurposes of this subdivision, in calculating the five year period, any\nperiod of time during which the defendant was incarcerated for any\nreason between the time of the commission of any of such previous\noffenses and the time of commission of the present crime shall be\nexcluded and such five year period shall be extended by a period or\nperiods equal to the time served under such incarceration.\n  2. A "specified offense" is an offense defined in section 120.00\n(assault in the third degree); section 120.05 (assault in the second\ndegree); section 120.10 (assault in the first degree); section 120.13\n(menacing in the first degree); section 120.14 (menacing in the second\ndegree); section 120.15 (menacing in the third degree); section 120.20\n(reckless endangerment in the second degree); section 120.25 (reckless\nendangerment in the first degree); section 120.45 (stalking in the\nfourth degree); section 120.50 (stalking in the third degree); section\n120.55 (stalking in the second degree); section 120.60 (stalking in the\nfirst degree); section 121.11 (criminal obstruction of breathing or\nblood circulation); section 121.12 (strangulation in the second degree);\nsection 121.13 (strangulation in the first degree); subdivision one of\nsection 125.15 (manslaughter in the second degree); subdivision one, two\nor four of section 125.20 (manslaughter in the first degree); section\n125.25 (murder in the second degree); section 130.20 (sexual\nmisconduct); section 130.25 (rape in the third degree); section 130.30\n(rape in the second degree); section 130.35 (rape in the first degree);\nformerly defined in section 130.40; formerly defined in section 130.45;\nformerly defined in section 130.50; defined in section 130.52 (forcible\ntouching); section 130.53 (persistent sexual abuse); section 130.55\n(sexual abuse in the third degree); section 130.60 (sexual abuse in the\nsecond degree); section 130.65 (sexual abuse in the first degree);\nsection 130.66 (aggravated sexual abuse in the third degree); section\n130.67 (aggravated sexual abuse in the second degree); section 130.70\n(aggravated sexual abuse in the first degree); section 130.91 (sexually\nmotivated felony); section 130.95 (predatory sexual assault); section\n130.96 (predatory sexual assault against a child); section 135.05\n(unlawful imprisonment in the second degree); section 135.10 (unlawful\nimprisonment in the first degree); section 135.60 (coercion in the third\ndegree); section 135.61 (coercion in the second degree); section 135.65\n(coercion in the first degree); section 140.20 (burglary in the third\ndegree); section 140.25 (burglary in the second degree); section 140.30\n(burglary in the first degree); section 145.00 (criminal mischief in the\nfourth degree); section 145.05 (criminal mischief in the third degree);\nsection 145.10 (criminal mischief in the second degree); section 145.12\n(criminal mischief in the first degree); section 145.14 (criminal\ntampering in the third degree); section 215.50 (criminal contempt in the\nsecond degree); section 215.51 (criminal contempt in the first degree);\nsection 215.52 (aggravated criminal contempt); section 240.25\n(harassment in the first degree); subdivision one, two or four of\nsection 240.30 (aggravated harassment in the second degree); aggravated\nfamily offense as defined in this section or any attempt or conspiracy\nto commit any of the foregoing offenses where the defendant and the\nperson against whom the offense was committed were members of the same\nfamily or household as defined in subdivision one of section 530.11 of\nthe criminal procedure law.\n  3. The person against whom the current specified offense is committed\nmay be different from the person against whom the previous specified\noffense was committed and such persons do not need to be members of the\nsame family or household.\n  Aggravated family offense is a class E felony.\n