NYSentencing

§ 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, 130.40, 130.45,
130.55, 130.60, 130.70, 255.25, 255.26, or 255.27;

  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; stalk-
ing 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.