NYSentencing

§ 485.05 Hate crimes.
  1.  A  person  commits a hate crime when he or she commits a specified
offense and either:
  (a) intentionally selects the  person  against  whom  the  offense  is
committed  or  intended  to be committed in whole or in substantial part
because of a belief or perception regarding the  race,  color,  national
origin,  ancestry, gender, religion, religious practice, age, disability
or sexual orientation of a person, regardless of whether the  belief  or
perception is correct, or
  (b)  intentionally commits the act or acts constituting the offense in
whole or in substantial part because of a belief or perception regarding
the race, color, national origin, ancestry, gender, religion,  religious
practice,  age, disability or sexual orientation of a person, regardless
of whether the belief or perception is correct.
  2. Proof of race, color, national origin, ancestry, gender,  religion,
religious practice, age, disability or sexual orientation of the defend-
ant,  the  victim  or  of both the defendant and the victim does not, by
itself, constitute legally sufficient evidence satisfying  the  people's
burden under paragraph (a) or (b) of subdivision one of this section.
  3. A "specified offense" is an offense defined by any of the following
provisions of  this  chapter:  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 120.12 (aggravated assault upon a
person less than eleven years old);  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  endan-
germent  in the second degree); section 120.25 (reckless endangerment in
the first degree); 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 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); subdivision one of section  130.35  (rape  in  the  first
degree);  subdivision  one of section 130.50 (criminal sexual act in the
first degree); subdivision one of section 130.65 (sexual  abuse  in  the
first  degree);  paragraph  (a)  of  subdivision  one  of section 130.67
(aggravated sexual abuse in the second degree); paragraph (a) of  subdi-
vision  one  of  section  130.70  (aggravated  sexual abuse in the first
degree); section 135.05 (unlawful imprisonment in  the  second  degree);
section  135.10  (unlawful  imprisonment  in  the first degree); section
135.20 (kidnapping in the second degree); section 135.25 (kidnapping  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  140.10    (criminal   trespass  
in   the   third  degree);  section 140.15  (criminal  trespass  in  the
second degree); section 140.17 (criminal trespass 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 150.05 (arson  in  the  fourth  degree);  section
150.10  (arson in the third degree); section 150.15 (arson in the second
degree); section 150.20 (arson in  the  first  degree);  section  155.25
(petit  larceny);  section  155.30 (grand larceny in the fourth degree);
section 155.35 (grand larceny  in  the  third  degree);  section  155.40
(grand  larceny  in the second degree); section 155.42 (grand larceny in
the first degree); section 160.05 (robbery in the third degree); section
160.10 (robbery in the second degree); section 160.15  (robbery  in  the
first degree); section 240.25 (harassment in the first degree); subdivi-
sion  one,  two  or four of section 240.30 (aggravated harassment in the
second degree); or any attempt or conspiracy to commit any of the  fore-
going offenses.
  4. For purposes of this section:
  (a) the term "age" means sixty years old or more;
  (b)  the  term "disability" means a physical or mental impairment that
substantially limits a major life activity.