2023 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
* NB Effective until September 1, 2024
* (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, former
section  130.40,  former  section  130.45,  sections   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
* NB Effective September 1, 2024
(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
* NB Effective until September 1, 2024
* (a) (i) a conviction of or a conviction for an attempt to commit any
of the provisions of section 130.35,  former  section  130.50,  sections
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
* NB Effective September 1, 2024
(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.