Select Page

120.40 – Definitions

§ 120.40 Definitions.

For purposes of sections 120.45, 120.50, 120.55 and 120.60 of this
article:

  1. “Kidnapping” shall mean a kidnapping crime defined in article one
    hundred thirty-five of this chapter.
  2.  “Unlawful imprisonment” shall mean an unlawful imprisonment felony
    crime defined in article one hundred thirty-five of this chapter.
  3. “Sex offense” shall mean a felony defined in article one hundred
    thirty of this chapter, sexual misconduct, as defined in section 130.20
    of this chapter, sexual abuse in the third degree as defined in section
    130.55 of this chapter or sexual abuse in the second degree as defined
    in section 130.60 of this chapter.
  4. “Immediate family” means the spouse, former spouse, parent, child,
    sibling, or any other person who regularly resides or has regularly
    resided in the household of a person.
  5. “Specified predicate crime” means:
    a. a violent felony offense;

    b. a crime defined in section 130.20, 130.25, 130.30, 130.40, 130.45,
    130.55, 130.60, 130.70, 255.25, 255.26 or 255.27;

    c. assault in the third degree, as defined in section 120.00; menacing
    in the first degree, as defined in section 120.13; menacing in the
    second degree, as defined in section 120.14; coercion in the first
    degree, as defined in section 135.65; coercion in the second degree, as
    defined in section 135.60; aggravated harassment in the second degree,
    as defined in section 240.30; harassment in the first degree, as defined
    in section 240.25; menacing in the third degree, as defined in section
    120.15; criminal mischief in the third degree, as defined in section
    145.05; criminal mischief in the second degree, as defined in section
    145.10, criminal mischief in the first degree, as defined in section
    145.12; criminal tampering in the first degree, as defined in section
    145.20; arson in the fourth degree, as defined in section 150.05; arson
    in the third degree, as defined in section 150.10; criminal contempt in
    the first degree, as defined in section 215.51; endangering the welfare
    of a child, as defined in section 260.10; or

    d. stalking in the fourth degree, as defined in section 120.45;
    stalking in the third degree, as defined in section 120.50; stalking in
    the second degree, as defined in section 120.55; or

    e. an offense in any other jurisdiction which includes all of the
    essential elements of any such crime for which a sentence to a term of
    imprisonment in excess of one year or a sentence of death was authorized
    and is authorized in this state irrespective of whether such sentence
    was imposed.

Criminal Laws NY