§ 168-A — Definitions

New York § 168-A

• Jurisdiction: New York
• Law COR: Correction
• Art. 6-C: Sex Offender Registration Act

Text

§ 168-a. Definitions. As used in this article, the following\ndefinitions apply:\n 1. "Sex offender" includes any person who is convicted of any of the\noffenses set forth in subdivision two or three of this section.\nConvictions that result from or are connected with the same act, or\nresult from offenses committed at the same time, shall be counted for\nthe purpose of this article as one conviction. Any conviction set aside\npursuant to law is not a conviction for purposes of this article.\n 2. "Sex offense" means: (a) (i) a conviction of or a conviction for\nan attempt to commit any of the provisions of sections 120.70, 130.20,\n130.25, 130.30, former section 130.40, former section 130.45, sections\n130.60, 230.34, 230.34-a, 250.50, 255.25, 255.26 and 255.27 or article\ntwo hundred sixty-three of the penal law, or section 135.05, 135.10,\n135.20 or 135.25 of such law relating to kidnapping offenses, provided\nthe victim of such kidnapping or related offense is less than seventeen\nyears old and the offender is not the parent of the victim, or section\n230.04, where the person patronized is in fact less than seventeen years\nof age, 230.05, 230.06, 230.11, 230.12, 230.13, subdivision two of\nsection 230.30, section 230.32, 230.33, or 230.34 of the penal law, or\nsection 230.25 of the penal law where the person prostituted is in fact\nless than seventeen years old, or (ii) a conviction of or a conviction\nfor an attempt to commit any of the provisions of section 235.22 of the\npenal law, or (iii) a conviction of or a conviction for an attempt to\ncommit any provisions of the foregoing sections committed or attempted\nas a hate crime defined in section 485.05 of the penal law or as a crime\nof terrorism defined in section 490.25 of such law or as a sexually\nmotivated felony defined in section 130.91 of such law; or\n (b) a conviction of or a conviction for an attempt to commit any of\nthe provisions of section 130.52 or 130.55 of the penal law, provided\nthe victim of such offense is less than eighteen years of age; or\n (c) a conviction of or a conviction for an attempt to commit any of\nthe provisions of section 130.52 or 130.55 of the penal law regardless\nof the age of the victim and the offender has previously been convicted\nof: (i) a sex offense defined in this article, (ii) a sexually violent\noffense defined in this article, or (iii) any of the provisions of\nsection 130.52 or 130.55 of the penal law, or an attempt thereof; or\n (d) a conviction of (i) an offense in any other jurisdiction which\nincludes all of the essential elements of any such crime provided for in\nparagraph (a), (b) or (c) of this subdivision or (ii) a felony in any\nother jurisdiction for which the offender is required to register as a\nsex offender in the jurisdiction in which the conviction occurred or,\n(iii) any of the provisions of 18 U.S.C. 2251, 18 U.S.C. 2251A, 18\nU.S.C. 2252, 18 U.S.C. 2252A, 18 U.S.C. 2260, 18 U.S.C. 2422(b), 18\nU.S.C. 2423, or 18 U.S.C. 2425, provided that the elements of such crime\nof conviction are substantially the same as those which are a part of\nsuch offense as of the date on which this subparagraph takes effect.\n (e) a conviction of or a conviction for an attempt to commit any of\nthe provisions of subdivision two, three or four of section 250.45 of\nthe penal law, unless upon motion by the defendant, the trial court,\nhaving regard to the nature and circumstances of the crime and to the\nhistory and character of the defendant, is of the opinion that\nregistration would be unduly harsh and inappropriate.\n 3. "Sexually violent offense" means: (a) (i) a conviction of or a\nconviction for an attempt to commit any of the provisions of section\n130.35, former section 130.50, sections 130.65, 130.66, 130.67, 130.70,\n130.75, 130.80, 130.95 and 130.96 of the penal law, or (ii) a conviction\nof or a conviction for an attempt to commit any of the provisions of\nsections 130.53, 130.65-a and 130.90 of the penal law, or (iii) a\nconviction of or a conviction for an attempt to commit any provisions of\nthe foregoing sections committed or attempted as a hate crime defined in\nsection 485.05 of the penal law or as a crime of terrorism defined in\nsection 490.25 of such law; or\n (b) a conviction of an offense in any other jurisdiction which\nincludes all of the essential elements of any such felony provided for\nin paragraph (a) of this subdivision or conviction of a felony in any\nother jurisdiction for which the offender is required to register as a\nsex offender in the jurisdiction in which the conviction occurred.\n 4. "Law enforcement agency having jurisdiction" means: (a) (i) the\nchief law enforcement officer in the village, town or city in which the\noffender expects to reside upon his or her discharge, probation, parole,\nrelease to post-release supervision or upon any form of state or local\nconditional release; or (ii) if there be no chief law enforcement\nofficer in such village, town or city, the chief law enforcement officer\nof the county in which the offender expects to reside; or (iii) if there\nbe no chief enforcement officer in such village, town, city or county,\nthe division of state police and (b) in the case of a sex offender who\nis or expects to be employed by, enrolled in, attending or employed,\nwhether for compensation or not, at an institution of higher education,\n(i) the chief law enforcement officer in the village, town or city in\nwhich such institution is located; or (ii) if there be no chief law\nenforcement officer in such village, town or city, the chief law\nenforcement officer of the county in which such institution is located;\nor (iii) if there be no chief law enforcement officer in such village,\ntown, city or county, the division of state police; and (iv) if such\ninstitution operates or employs a campus law enforcement or security\nagency, the chief of such agency and (c) in the case of a sex offender\nwho expects to reside within a state park or on other land under the\njurisdiction of the office of parks, recreation and historic\npreservation, the state regional park police.\n 5. "Division" means the division of criminal justice services as\ndefined by section eight hundred thirty-seven of the executive law.\n 6. "Hospital" means: (a) a hospital as defined in subdivision two of\nsection four hundred of this chapter and applies to persons committed to\nsuch hospital by order of commitment made pursuant to article sixteen of\nthis chapter; or (b) a secure treatment facility as defined in section\n10.03 of the mental hygiene law and applies to persons committed to such\nfacility by an order made pursuant to article ten of the mental hygiene\nlaw.\n 7. (a) "Sexual predator" means a sex offender who has been convicted\nof a sexually violent offense defined in subdivision three of this\nsection and who suffers from a mental abnormality or personality\ndisorder that makes him or her likely to engage in predatory sexually\nviolent offenses.\n (b) "Sexually violent offender" means a sex offender who has been\nconvicted of a sexually violent offense defined in subdivision three of\nthis section.\n (c) "Predicate sex offender" means a sex offender who has been\nconvicted of an offense set forth in subdivision two or three of this\nsection when the offender has been previously convicted of an offense\nset forth in subdivision two or three of this section.\n 8. "Mental abnormality" means a congenital or acquired condition of a\nperson that affects the emotional or volitional capacity of the person\nin a manner that predisposes that person to the commission of criminal\nsexual acts to a degree that makes the person a menace to the health and\nsafety of other persons.\n 9. "Predatory" means an act directed at a stranger, or a person with\nwhom a relationship has been established or promoted for the primary\npurpose of victimization.\n 10. "Board" means the "board of examiners of sex offenders"\nestablished pursuant to section one hundred sixty-eight-l of this\narticle.\n 11. "Local correctional facility" means a local correctional facility\nas that term is defined in subdivision sixteen of section two of this\nchapter.\n 12. Probation means a sentence of probation imposed pursuant to\narticle sixty-five of the penal law and shall include a sentence of\nimprisonment imposed in conjunction with a sentence of probation.\n 13. "Institution of higher education" means an institution in the\nstate providing higher education as such term is defined in subdivision\neight of section two of the education law.\n 14. "Nonresident worker" means any person required to register as a\nsex offender in another jurisdiction who is employed or carries on a\nvocation in this state, on either a full-time or a part-time basis, with\nor without compensation, for more than fourteen consecutive days, or for\nan aggregate period exceeding thirty days in a calendar year.\n 15. "Nonresident student" means a person required to register as a sex\noffender in another jurisdiction who is enrolled on a full-time or\npart-time basis in any public or private educational institution in this\nstate including any secondary school, trade or professional institution\nor institution of higher education.\n 16. "Authorized internet entity" means any business, organization or\nother entity providing or offering a service over the internet which\npermits persons under eighteen years of age to access, meet, congregate\nor communicate with other users for the purpose of social networking.\nThis definition shall not include general e-mail services.\n 17. "Internet access provider" means any business, organization or\nother entity engaged in the business of providing a computer and\ncommunications facility through which a customer may obtain access to\nthe internet, but does not include a business, organization or other\nentity to the extent that it provides only telecommunications services.\n 18. "Internet identifiers" means electronic mail addresses and\ndesignations used for the purposes of chat, instant messaging, social\nnetworking or other similar internet communication.\n