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70.08 – Sentence of imprisonment for persistent violent felony offender; criteria

§ 70.08 Sentence of imprisonment for persistent violent felony offender;
criteria.

  1. Definition of persistent violent felony offender.
    (a) A persistent violent felony offender is a person who stands
    convicted of a violent felony offense as defined in subdivision one of
    section 70.02 or the offense of predatory sexual assault as defined in
    section 130.95 of this chapter or the offense of predatory sexual
    assault against a child as defined in section 130.96 of this chapter,
    after having previously been subjected to two or more predicate violent
    felony convictions as defined in paragraph (b) of subdivision one of
    section 70.04 of this article.
    (b) For the purpose of determining whether a person has two or more
    predicate violent felony convictions, the criteria set forth in
    paragraph (b) of subdivision one of section 70.04 shall apply.
  2. Authorized sentence. When the court has found, pursuant to the
    provisions of the criminal procedure law, that a person is a persistent
    violent felony offender the court must impose an indeterminate sentence
    of imprisonment, the maximum term of which shall be life imprisonment.
    The minimum period of imprisonment under such sentence must be in
    accordance with subdivision three of this section.
  3. *Minimum period of imprisonment. The minimum period of
    imprisonment under an indeterminate life sentence for a persistent
    violent felony offender must be fixed by the court as follows:
    (a) For the class A-II felony of predatory sexual assault as defined
    in section 130.95 of this chapter or the class A-II felony of predatory
    sexual assault against a child as defined in section 130.96 of this
    chapter, the minimum period must be twenty-five years;
    (a-1) For a class B felony, the minimum period must be at least twenty
    years and must not exceed twenty-five years;
    (b) For a class C felony, the minimum period must be at least sixteen
    years and must not exceed twenty-five years;
    (c) For a class D felony, the minimum period must be at least twelve
    years and must not exceed twenty-five years.
    * NB Effective until September 1, 2017
  4. Minimum period of imprisonment. The minimum period of
    imprisonment under an indeterminate life sentence for a persistent
    violent felony offender must be fixed by the court as follows:
    (a) For the class A-II felony of predatory sexual assault as defined
    in section 130.95 of this chapter or the class A-II felony of predatory
    sexual assault against a child as defined in section 130.96 of this
    chapter, the minimum period must be twenty-five years;
    (a-1) For a class B felony, the minimum period must be at least ten
    years and must not exceed twenty-five years;
    (b) For a class C felony, the minimum period must be at least eight
    years and must not exceed twenty-five years;
    (c) For a class D felony, the minimum period must be at least six
    years and must not exceed twenty-five years.
    * NB Effective September 1, 2017

Criminal Laws NY