N.Y. Penal Law § 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, 130.55, 130.60,

130.70, 255.25, 255.26 or 255.27, or formerly defined in section 130.40

or 130.45;

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 135.61; coercion in the third 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.