NY Corr L § 168-A (2021)
2021 New York Laws COR - Correction Article 6-C - Sex Offender Registration Act 168-A - Definitions.

§   168-a.  Definitions.  As  used  in  this  article,  the  following definitions apply:   1. "Sex offender" includes any person who is convicted of any  of  the offenses  set  forth  in  subdivision  two  or  three  of  this section. Convictions that result from or are connected  with  the  same  act,  or result  from  offenses  committed at the same time, shall be counted for the purpose of this article as one conviction. Any conviction set  aside pursuant to law is not a conviction for purposes of this article.   2. "Sex offense" means: (a) (i) a conviction of or a conviction for an attempt  to  commit  any  of  the provisions of sections 120.70, 130.20, 130.25,  130.30,  130.40,  130.45,  130.60,  230.34,  230.34-a,  250.50, 255.25,  255.26  and  255.27  or  article two hundred sixty-three of the penal law, or section 135.05, 135.10,  135.20  or  135.25  of  such  law relating  to kidnapping offenses, provided the victim of such kidnapping or related offense is less than seventeen years old and the offender  is not  the  parent  of  the  victim,  or  section 230.04, where the person patronized is in fact less than seventeen years of age, 230.05,  230.06, 230.11,  230.12,  230.13,  subdivision  two  of  section 230.30, section 230.32, 230.33, or 230.34 of the penal law, or  section  230.25  of  the penal  law  where  the person prostituted is in fact less than seventeen years old, or  (ii) a conviction of or a conviction for an attempt to commit  any  of the provisions of section 235.22 of the penal law, or (iii) a conviction of  or  a  conviction  for  an  attempt  to commit any provisions of the foregoing sections committed or attempted as a  hate  crime  defined  in section  485.05  of  the penal law or as a crime of terrorism defined in section 490.25 of such law or as a sexually motivated felony defined  in section 130.91 of such law; or  (b)  a  conviction  of or a conviction for an attempt to commit any of the provisions of section 130.52 or 130.55 of the  penal  law,  provided the victim of such offense is less than eighteen years of age; or  (c)  a  conviction  of or a conviction for an attempt to commit any of the provisions of section 130.52 or 130.55 of the penal  law  regardless of  the age of the victim and the offender has previously been convicted of:  (i) a sex offense defined in this article, (ii) a sexually  violent offense  defined  in  this  article,  or  (iii) any of the provisions of section 130.52 or 130.55 of the penal law, or an attempt thereof; or  (d) a conviction of (i) an offense in  any  other  jurisdiction  which includes all of the essential elements of any such crime provided for in paragraph  (a),  (b)  or (c) of this subdivision or (ii) a felony in any other jurisdiction for which the offender is required to register  as  a sex  offender  in  the jurisdiction in which the conviction occurred or, (iii) any of the provisions of 18  U.S.C.  2251,  18  U.S.C.  2251A,  18 U.S.C.  2252,  18  U.S.C.  2252A,  18 U.S.C. 2260, 18 U.S.C. 2422(b), 18 U.S.C. 2423, or 18 U.S.C. 2425, provided that the elements of such crime of conviction are substantially the same as those which are  a  part  of such offense as of the date on which this subparagraph takes effect.  (e)  a  conviction  of or a conviction for an attempt to commit any of the provisions of subdivision two, three or four of  section  250.45  of the  penal  law,  unless  upon motion by the defendant, the trial 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 registration would be unduly harsh and inappropriate.   3. "Sexually violent offense" means: (a) (i)  a  conviction  of  or  a conviction  for  an  attempt to commit any of the provisions of sections 130.35, 130.50, 130.65, 130.66, 130.67, 130.70, 130.75,  130.80,  130.95 and 130.96 of the penal law, or (ii) a conviction of or a conviction for an  attempt to commit any of the provisions of sections 130.53, 130.65-a  and 130.90 of the penal law, or (iii) a conviction of  or  a  conviction for  an  attempt  to  commit  any  provisions  of the foregoing sections committed or attempted as a hate crime defined in section 485.05 of  the penal  law  or as a crime of terrorism defined in section 490.25 of such law; or  (b) a conviction  of  an  offense  in  any  other  jurisdiction  which includes  all  of the essential elements of any such felony provided for in paragraph (a) of this subdivision or conviction of a  felony  in  any other  jurisdiction  for which the offender is required to register as a sex offender in the jurisdiction in which the conviction occurred.   4. "Law enforcement agency having jurisdiction"  means:  (a)  (i)  the chief  law enforcement officer in the village, town or city in which the offender expects to reside upon his or her discharge, probation, parole, release to post-release supervision or upon any form of state  or  local conditional  release;  or  (ii)  if  there  be  no chief law enforcement officer in such village, town or city, the chief law enforcement officer of the county in which the offender expects to reside; or (iii) if there be no chief enforcement officer in such village, town, city  or  county, the  division  of state police and (b) in the case of a sex offender who is or expects to be employed by, enrolled  in,  attending  or  employed, whether  for compensation or not, at an institution of higher education, (i) the chief law enforcement officer in the village, town  or  city  in which  such  institution  is  located;  or (ii) if there be no chief law enforcement officer in  such  village,  town  or  city,  the  chief  law enforcement  officer of the county in which such institution is located; or (iii) if there be no chief law enforcement officer in  such  village, town,  city  or  county,  the division of state police; and (iv) if such institution operates or employs a campus  law  enforcement  or  security agency,  the  chief of such agency and (c) in the case of a sex offender who expects to reside within a state park or on  other  land  under  the jurisdiction   of   the   office   of  parks,  recreation  and  historic preservation, the state regional park police.   5. "Division" means the  division  of  criminal  justice  services  as defined by section eight hundred thirty-seven of the executive law.   6.  "Hospital"  means: (a) a hospital as defined in subdivision two of section four hundred of this chapter and applies to persons committed to such hospital by order of commitment made pursuant to article sixteen of this chapter; or (b) a secure treatment facility as defined  in  section 10.03 of the mental hygiene law and applies to persons committed to such facility  by an order made pursuant to article ten of the mental hygiene law.   7. (a) "Sexual predator" means a sex offender who has  been  convicted of  a  sexually  violent  offense  defined  in subdivision three of this section and  who  suffers  from  a  mental  abnormality  or  personality disorder  that  makes  him or her likely to engage in predatory sexually violent offenses.  (b) "Sexually violent offender" means a  sex  offender  who  has  been convicted  of a sexually violent offense defined in subdivision three of this section.  (c) "Predicate sex  offender"  means  a  sex  offender  who  has  been convicted  of  an  offense set forth in subdivision two or three of this section when the offender has been previously convicted  of  an  offense set forth in subdivision two or three of this section.   8.  "Mental abnormality" means a congenital or acquired condition of a person that affects the emotional or volitional capacity of  the  person in  a  manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons.    9. "Predatory" means an act directed at a stranger, or a  person  with whom  a  relationship  has  been established or promoted for the primary purpose of victimization.   10.   "Board"   means  the  "board  of  examiners  of  sex  offenders" established pursuant  to  section  one  hundred  sixty-eight-l  of  this article.   11.  "Local correctional facility" means a local correctional facility as that term is defined in subdivision sixteen of section  two  of  this chapter.   12.  Probation  means  a  sentence  of  probation  imposed pursuant to article sixty-five of the penal law and  shall  include  a  sentence  of imprisonment imposed in conjunction with a sentence of probation.   13.  "Institution  of  higher  education"  means an institution in the state providing higher education as such term is defined in  subdivision eight of section two of the education law.   14.  "Nonresident  worker"  means any person required to register as a sex offender in another jurisdiction who is employed  or  carries  on  a vocation in this state, on either a full-time or a part-time basis, with or without compensation, for more than fourteen consecutive days, or for an aggregate period exceeding thirty days in a calendar year.   15. "Nonresident student" means a person required to register as a sex offender  in  another  jurisdiction  who  is  enrolled on a full-time or part-time basis in any public or private educational institution in this state including any secondary school, trade or professional  institution or institution of higher education.   16.  "Authorized  internet entity" means any business, organization or other entity providing or offering a service  over  the  internet  which permits  persons under eighteen years of age to access, meet, congregate or communicate with other users for the purpose  of  social  networking. This definition shall not include general e-mail services.   17.  "Internet  access  provider"  means any business, organization or other entity engaged  in  the  business  of  providing  a  computer  and communications  facility  through  which a customer may obtain access to the internet, but does not include a  business,  organization  or  other entity to the extent that it provides only telecommunications services.   18.   "Internet  identifiers"  means  electronic  mail  addresses  and designations used for the purposes of chat,  instant  messaging,  social networking or other similar internet communication.