N.Y. Criminal Procedure Law § 200.62: Indictment; special information for child sexual assault offender

§ 200.62 Indictment; special information for child sexual assault

offender.

1. Whenever a person is charged with the commission or attempted

commission of an offense defined in article one hundred thirty of the

penal law which constitutes a felony and it appears that the victim of

such offense was less than fifteen years old, an indictment for such

offense may be accompanied by a special information, filed by the

district attorney with the court, alleging that the victim was less than

fifteen years old at the time of the commission of the offense;

provided, however, that such an information need not be filed when the

age of the victim is an element of the offense.

2. Prior to trial, or after the commencement of the trial but before

the close of the people's case, the court, in the absence of the jury,

must arraign the defendant upon such information and advise him or her

that he or she may admit such allegation, deny it or remain mute.

Depending upon the defendant's response, the trial of the indictment

must proceed as follows:

(a) If the defendant admits that the alleged victim was less than

fifteen years old at the time of the commission or attempted commission

of the offense, that allegation shall be deemed established for all

subsequent purposes, including sentencing pursuant to section 70.07 of

the penal law.

(b) If the defendant denies such allegation or remains mute, the

people may, by proof beyond a reasonable doubt, prove before the jury

or, where the defendant has waived a jury trial, the court, that the

alleged victim was less than fifteen years old at the time of the

commission or attempted commission of the offense.

(c) Nothing in this subdivision shall prevent the people, in a trial

before the court or a jury, from making reference to and introducing

evidence of the victim's age.

3. Where a jury, pursuant to paragraph (b) of subdivision two of this

section, makes the determination of whether the alleged victim of the

offense was less than fifteen years old, such jury shall consider and

render its verdict on such issue only after rendering its verdict with

regard to the offense.

4. A determination pursuant to this section that the victim was less

than fifteen years old at the time of the commission of the offense

shall be binding in any future proceeding in which the issue may arise

unless the underlying conviction or determination is vacated or

reversed.