NYSentencing

§ 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.
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