NY Penal L § 70.80 (2021)
2021 New York Laws PEN - Penal Part 2 - Sentences Title E - Sentences Article 70 - 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 person for prostitution in the first degree as defined  in section 230.06 of this chapter, patronizing a person for prostitution in the  second  degree  as  defined  in  section  230.05  of  this chapter, aggravated patronizing a minor for prostitution in the third  degree  as defined  in  section  230.11  of  this chapter, aggravated patronizing a minor for prostitution in the second degree as defined in section 230.12 of this chapter, aggravated patronizing a minor for prostitution in  the first degree as defined in section 230.13 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.