2023 New York Laws › PEN - Penal › Part 3 - Specific Offenses › Title N - Offenses Against Public Order, Public Sensibilities and the Right to Privacy › Article 240 - Offenses Against Public Order › 240.75 - Aggravated Family Offense.

§ 240.75 Aggravated family offense.
1.  A  person  is  guilty  of aggravated family offense when he or she
  commits a misdemeanor defined in subdivision two of this  section  as  a
  specified  offense  and  he  or  she  has  been convicted of one or more
  specified offenses within the immediately preceding five years. For  the
  purposes  of  this subdivision, in calculating the five year period, any
  period of time during which  the  defendant  was  incarcerated  for  any
  reason  between  the  time  of  the  commission  of any of such previous
  offenses and the time of  commission  of  the  present  crime  shall  be
  excluded  and  such  five  year  period shall be extended by a period or
  periods equal to the time served under such incarceration.
* 2. A "specified offense" is an offense  defined  in  section  120.00
  (assault  in  the  third  degree); section 120.05 (assault in the second
  degree); section 120.10 (assault in the first  degree);  section  120.13
  (menacing  in  the first degree); section 120.14 (menacing in the second
  degree); section 120.15 (menacing in the third degree);  section  120.20
  (reckless  endangerment  in the second degree); section 120.25 (reckless
  endangerment in the first  degree);  section  120.45  (stalking  in  the
  fourth  degree);  section 120.50 (stalking in the third degree); section
  120.55 (stalking in the second degree); section 120.60 (stalking in  the
  first  degree);  section  121.11  (criminal  obstruction of breathing or
  blood circulation); section 121.12 (strangulation in the second degree);
  section 121.13 (strangulation in the first degree); subdivision  one  of
  section 125.15 (manslaughter in the second degree); subdivision one, two
  or  four  of  section 125.20 (manslaughter in the first degree); section
  125.25  (murder  in  the  second   degree);   section   130.20   (sexual
  misconduct);  section 130.30 (rape in the second degree); section 130.35
  (rape in the first degree); section 130.40 (criminal sexual act  in  the
  third  degree);  section  130.45  (criminal  sexual  act  in  the second
  degree); section 130.50 (criminal  sexual  act  in  the  first  degree);
  section  130.52  (forcible  touching); section 130.53 (persistent sexual
  abuse); section 130.55 (sexual  abuse  in  the  third  degree);  section
  130.60 (sexual abuse in the second degree); section 130.65 (sexual abuse
  in  the  first  degree);  section 130.66 (aggravated sexual abuse in the
  third degree); section 130.67 (aggravated sexual  abuse  in  the  second
  degree);  section  130.70 (aggravated sexual abuse in the first degree);
  section 130.91 (sexually motivated felony);  section  130.95  (predatory
  sexual  assault);  section  130.96  (predatory  sexual assault against a
  child); section 135.05 (unlawful imprisonment  in  the  second  degree);
  section  135.10  (unlawful  imprisonment  in  the first degree); section
  135.60 (coercion in the third degree); section 135.61 (coercion  in  the
  second  degree);  section 135.65 (coercion in the first degree); section
  140.20 (burglary in the third degree); section 140.25 (burglary  in  the
  second  degree);  section 140.30 (burglary in the first degree); section
  145.00  (criminal  mischief  in  the  fourth  degree);  section   145.05
  (criminal  mischief  in  the  third  degree);  section  145.10 (criminal
  mischief in the second degree); section 145.12 (criminal mischief in the
  first degree); section 145.14 (criminal tampering in the third  degree);
  section  215.50 (criminal contempt in the second degree); section 215.51
  (criminal contempt in the  first  degree);  section  215.52  (aggravated
  criminal  contempt);  section  240.25  (harassment in the first degree);
  subdivision one, two or four of section 240.30 (aggravated harassment in
  the second degree); aggravated family offense as defined in this section
  or any attempt or conspiracy to commit any  of  the  foregoing  offenses
  where  the  defendant  and  the  person  against  whom  the  offense was
  committed were members of the same family or  household  as  defined  in
  subdivision one of section 530.11 of the criminal procedure law.
* NB Effective until September 1, 2024
* 2.  A  "specified  offense"  is an offense defined in section 120.00
  (assault in the third degree); section 120.05  (assault  in  the  second
  degree);  section  120.10  (assault in the first degree); section 120.13
  (menacing in the first degree); section 120.14 (menacing in  the  second
  degree);  section  120.15 (menacing in the third degree); section 120.20
  (reckless endangerment in the second degree); section  120.25  (reckless
  endangerment  in  the  first  degree);  section  120.45 (stalking in the
  fourth degree); section 120.50 (stalking in the third  degree);  section
  120.55  (stalking in the second degree); section 120.60 (stalking in the
  first degree); section 121.11  (criminal  obstruction  of  breathing  or
  blood circulation); section 121.12 (strangulation in the second degree);
  section  121.13  (strangulation in the first degree); subdivision one of
  section 125.15 (manslaughter in the second degree); subdivision one, two
  or four of section 125.20 (manslaughter in the  first  degree);  section
  125.25   (murder   in   the   second  degree);  section  130.20  (sexual
  misconduct); section 130.25 (rape in the third degree);  section  130.30
  (rape  in the second degree); section 130.35 (rape in the first degree);
  formerly defined in section 130.40; formerly defined in section  130.45;
  formerly  defined in section 130.50; defined in section 130.52 (forcible
  touching); section 130.53  (persistent  sexual  abuse);  section  130.55
  (sexual  abuse in the third degree); section 130.60 (sexual abuse in the
  second degree); section 130.65  (sexual  abuse  in  the  first  degree);
  section  130.66  (aggravated  sexual abuse in the third degree); section
  130.67 (aggravated sexual abuse in the second  degree);  section  130.70
  (aggravated  sexual abuse in the first degree); section 130.91 (sexually
  motivated felony); section 130.95 (predatory  sexual  assault);  section
  130.96  (predatory  sexual  assault  against  a  child);  section 135.05
  (unlawful imprisonment in the second degree); section  135.10  (unlawful
  imprisonment in the first degree); section 135.60 (coercion in the third
  degree);  section 135.61 (coercion in the second degree); section 135.65
  (coercion in the first degree); section 140.20 (burglary  in  the  third
  degree);  section 140.25 (burglary in the second degree); section 140.30
  (burglary in the first degree); section 145.00 (criminal mischief in the
  fourth degree); section 145.05 (criminal mischief in the third  degree);
  section  145.10 (criminal mischief in the second degree); section 145.12
  (criminal mischief  in  the  first  degree);  section  145.14  (criminal
  tampering in the third degree); section 215.50 (criminal contempt in the
  second  degree); section 215.51 (criminal contempt in the first degree);
  section  215.52   (aggravated   criminal   contempt);   section   240.25
  (harassment  in  the  first  degree);  subdivision  one,  two or four of
  section 240.30 (aggravated harassment in the second degree);  aggravated
  family  offense  as defined in this section or any attempt or conspiracy
  to commit any of the foregoing offenses  where  the  defendant  and  the
  person  against  whom the offense was committed were members of the same
  family or household as defined in subdivision one of section  530.11  of
  the criminal procedure law.
* NB Effective September 1, 2024
3.  The person against whom the current specified offense is committed
  may be different from the person against  whom  the  previous  specified
  offense  was committed and such persons do not need to be members of the
  same family or household.
Aggravated family offense is a class E felony.