NYSentencing

§ 240.75 Aggravated family offense.
  1.  A  person  is  guilty  of aggravated family offense when he or she
commits a misdemeanor defined in subdivision two of this  section  as  a
specified offense and he or she has been convicted of one or more speci-
fied  offenses  within  the  immediately  preceding  five years. For the
purposes of this subdivision, in calculating the five year  period,  any
period  of  time  during  which  the  defendant was incarcerated for any
reason between the time of  the  commission  of  any  of  such  previous
offenses  and  the  time  of  commission  of  the present crime shall be
excluded and such five year period shall be  extended  by  a  period  or
periods equal to the time served under such incarceration.
  2.  A  "specified  offense"  is  an  offense defined in section 120.00
(assault in the third degree); section 120.05  (assault  in  the  second
degree);  section  120.10  (assault in the first degree); section 120.13
(menacing in the first degree); section 120.14 (menacing in  the  second
degree);  section  120.15 (menacing in the third degree); section 120.20
(reckless endangerment in the second degree); section  120.25  (reckless
endangerment  in  the  first  degree);  section  120.45 (stalking in the
fourth degree); section 120.50 (stalking in the third  degree);  section
120.55  (stalking in the second degree); section 120.60 (stalking in the
first degree); section 121.11  (criminal  obstruction  of  breathing  or
blood circulation); section 121.12 (strangulation in the second degree);
section  121.13  (strangulation in the first degree); subdivision one of
section 125.15 (manslaughter in the second degree); subdivision one, two
or four of section 125.20 (manslaughter in the  first  degree);  section
125.25  (murder  in  the  second degree); section 130.20 (sexual miscon-
duct); section 130.30 (rape in the second degree); section 130.35  (rape
in  the  first degree); section 130.40 (criminal sexual act in the third
degree); section 130.45 (criminal sexual  act  in  the  second  degree);
section 130.50 (criminal sexual act in the first degree); section 130.52
(forcible  touching);  section 130.53 (persistent sexual abuse); section
130.55 (sexual abuse in the third degree); section 130.60 (sexual  abuse
in  the  second  degree);  section  130.65  (sexual  abuse  in the first
degree); section 130.66 (aggravated sexual abuse in the  third  degree);
section  130.67  (aggravated sexual abuse in the second degree); section
130.70 (aggravated sexual abuse in the  first  degree);  section  130.91
(sexually  motivated felony); section 130.95 (predatory sexual assault);
section 130.96 (predatory  sexual  assault  against  a  child);  section
135.05  (unlawful  imprisonment  in  the  second degree); section 135.10
(unlawful imprisonment in the first degree); section 135.60 (coercion in
the  third  degree);    section   135.61   (coercion   in   the   second
degree);  section  135.65 (coercion in the first degree); section 140.20
(burglary in the third degree); section 140.25 (burglary in  the  second
degree);  section  140.30 (burglary in the first degree); section 145.00
(criminal mischief in  the  fourth  degree);  section  145.05  (criminal
mischief  in the third degree); section 145.10 (criminal mischief in the
second degree); section 145.12 (criminal mischief in the first  degree);
section  145.14 (criminal tampering in the third degree); section 215.50
(criminal contempt in  the  second  degree);  section  215.51  (criminal
contempt  in  the  first  degree);  section  215.52 (aggravated criminal
contempt); section 240.25 (harassment in the first degree);  subdivision
one,  two or four of section 240.30 (aggravated harassment in the second
degree); aggravated family offense as defined in  this  section  or  any
attempt  or conspiracy to commit any of the foregoing offenses where the
defendant and the person against whom the  offense  was  committed  were
members of the same family or household as defined in subdivision one of
section 530.11 of the criminal procedure law.
  3. The person against whom the current specified offense is  committed
may  be  different  from  the person against whom the previous specified
offense was committed and such persons do not need to be members of  the
same family or household.
  Aggravated family offense is a class E felony.
with Argument