N.Y. Correction Law § 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, 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

(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 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

(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.