N.Y. Penal Law § 130.53: Persistent sexual abuse

§ 130.53 Persistent sexual abuse.

A person is guilty of persistent sexual abuse when he or she commits

the crime of forcible touching, as defined in section 130.52 of this

article, sexual abuse in the third degree, as defined in section 130.55

of this article, or sexual abuse in the second degree, as defined in

section 130.60 of this article, and, within the previous ten year

period, excluding any time during which such person was incarcerated for

any reason, has been convicted two or more times, in separate criminal

transactions for which sentence was imposed on separate occasions, of

forcible touching, as defined in section 130.52 of this article, sexual

abuse in the third degree as defined in section 130.55 of this article,

sexual abuse in the second degree, as defined in section 130.60 of this

article, or any offense defined in this article, of which the commission

or attempted commission thereof is a felony.

Persistent sexual abuse is a class E felony.