Strangulation and Related Offenses
LAWS OF NEW YORK, 2010
CHAPTER 405

AN ACT to amend the penal law, the criminal procedure law, the domestic
relations law, the executive law, the family court act, the social
services law, the mental hygiene law and the vehicle and traffic law,
in relation to criminal obstruction of breathing or blood circulation
and strangulation

Became a law August 13, 2010, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

Section 1. Paragraphs (b) and (c) of subdivision 1 of section 70.02 of
the penal law, paragraph (b) as separately amended by chapters 764 and
765 of the laws of 2005 and paragraph (c) as amended by chapter 7 of the
laws of 2007, are amended to read as follows:

(b) Class C violent felony offenses: an attempt to commit any of the
class B felonies set forth in paragraph (a) of this subdivision; aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated manslaughter in the second degree as defined in section 125.21,
aggravated sexual abuse in the second degree as defined in section
130.67, assault on a peace officer, police officer, fireman or emergency
medical services professional as defined in section 120.08, gang assault
in the second degree as defined in section 120.06, strangulation in the
first degree as defined in section 121.13,
burglary in the second degree
as defined in section 140.25, robbery in the second degree as defined in
section 160.10, criminal possession of a weapon in the second degree as
defined in section 265.03, criminal use of a firearm in the second
degree as defined in section 265.08, criminal sale of a firearm in the
second degree as defined in section 265.12, criminal sale of a firearm
with the aid of a minor as defined in section 265.14, soliciting or
providing support for an act of terrorism in the first degree as defined
in  section 490.15, hindering prosecution of terrorism in the second
degree as defined in section 490.30, and criminal possession of a chemi-
cal weapon or biological weapon in the third degree as defined in
section 490.37.

(c) Class D violent felony offenses: an attempt to commit any of the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, menacing a police officer or peace officer as defined in
section 120.18, stalking in the first degree, as defined in subdivision
one of section 120.60, strangulation in the second degree as defined in
section 121.12,
rape in the second degree as defined in section 130.30,
criminal sexual act in the second degree as defined in section 130.45,
sexual abuse in the first degree as defined in section 130.65, course of
sexual conduct against a child in the second degree as defined in
section 130.80, aggravated sexual abuse in the third degree as defined
in section 130.66, facilitating a sex offense with a controlled
substance as defined in section 130.90, criminal possession of a weapon

CHAP. 405 2

in the third degree as defined in subdivision five, six, seven or eight
of section 265.02, criminal sale of a firearm in the third degree as
defined in section 265.11, intimidating a victim or witness in the
second degree as defined in section 215.16, soliciting or providing
support for an act of terrorism in the second degree as defined in
section 490.10, and making a terroristic threat as defined in section
490.20, falsely reporting an incident in the first degree as defined in
section 240.60, placing a false bomb or hazardous substance in the first
degree as defined in section 240.62, placing a false bomb or hazardous
substance in a sports stadium or arena, mass transportation facility or
enclosed shopping mall as defined in section 240.63, and aggravated
unpermitted use of indoor pyrotechnics in the first degree as defined in
section 405.18.

§ 2. The penal law is amended by adding a new article 121 to read as
follows:

ARTICLE 121
STRANGULATION AND RELATED OFFENSES

Section 121.11 Criminal obstruction of breathing or blood circulation.
121.12 Strangulation in the second degree.
121.13 Strangulation in the first degree.
121.14 Medical or dental purpose.

§ 121.11 Criminal obstruction of breathing or blood circulation.
A person is guilty of criminal obstruction of breathing or blood
circulation when, with intent to impede the normal breathing or circu-
lation of the blood of another person, he or she:
a. applies pressure on the throat or neck of such person; or
b. blocks the nose or mouth of such person.
Criminal obstruction of breathing or blood circulation is a class A
misdemeanor.

§ 121.12 Strangulation in the second degree.
A person is guilty of strangulation in the second degree when he or
she commits the crime of criminal obstruction of breathing or blood
circulation, as defined in section 121.11 of this article, and thereby
causes stupor, loss of consciousness for any period of time, or any
other physical injury or impairment.
Strangulation in the second degree is a class D felony.

§ 121.13 Strangulation in the first degree.
A person is guilty of strangulation in the first degree when he or she
commits the crime of criminal obstruction of breathing or blood circu-
lation, as defined in section 121.11 of this article, and thereby causes
serious physical injury to such other person.
Strangulation in the first degree is a class C felony.

§ 121.14 Medical or dental purpose.
For purposes of sections 121.11, 121.12 and 121.13 of this article, it
shall be an affirmative defense that the defendant performed such
conduct for a valid medical or dental purpose.

§ 3. Paragraph (h) of subdivision 3 of section 190.25 of the criminal
procedure law, as separately amended by chapters 93 and 320 of the laws
of 2006, is amended to read as follows:

(h) A social worker, rape crisis counselor, psychologist or other
professional providing emotional support to a child witness twelve years
old or younger who is called to give evidence in a grand jury proceeding
concerning a crime defined in article one hundred twenty-one, article
one hundred thirty, article two hundred sixty, section 120.10, 125.10,
125.15, 125.20, 125.25, 125.26, 125.27, 255.25, 255.26 or 255.27 of the
penal law provided that the district attorney consents. Such support

3 CHAP. 405

person shall not provide the witness with an answer to any question or
otherwise participate in such proceeding and shall first take an oath
before the grand jury that he or she will keep secret all matters before
such grand jury within his or her knowledge.

§ 4. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 472 of the laws of 2008, is amended
to read as follows:

(b) Any of the following felonies: assault in the second degree as
defined in section 120.05 of the penal law, assault in the first degree
as defined in section 120.10 of the penal law, reckless endangerment in
the first degree as defined in section 120.25 of the penal law, promot-
ing a suicide attempt as defined in section 120.30 of the penal law,
strangulation in the second degree as defined in section 121.12 of the
penal law, strangulation in the first degree as defined in section
121.13 of the penal law,
criminally negligent homicide as defined in
section 125.10 of the penal law, manslaughter in the second degree as
defined in section 125.15 of the penal law, manslaughter in the first
degree as defined in section 125.20 of the penal law, murder in the
second degree as defined in section 125.25 of the penal law, murder in
the first degree as defined in section 125.27 of the penal law, abortion
in the second degree as defined in section 125.40 of the penal law,
abortion in the first degree as defined in section 125.45 of the penal
law, rape in the third degree as defined in section 130.25 of the penal
law, rape in the second degree as defined in section 130.30 of the penal
law, rape in the first degree as defined in section 130.35 of the penal
law, criminal sexual act in the third degree as defined in section
130.40 of the penal law, criminal sexual act in the second degree as
defined in section 130.45 of the penal law, criminal sexual act in the
first degree as defined in section 130.50 of the penal law, sexual abuse
in the first degree as defined in section 130.65 of the penal law,
unlawful imprisonment in the first degree as defined in section 135.10
of the penal law, kidnapping in the second degree as defined in section
135.20 of the penal law, kidnapping in the first degree as defined in
section 135.25 of the penal law, labor trafficking as defined in section
135.35 of the penal law, custodial interference in the first degree as
defined in section 135.50 of the penal law, coercion in the first degree
as defined in section 135.65 of the penal law, criminal trespass in the
first degree as defined in section 140.17 of the penal law, burglary in
the third degree as defined in section 140.20 of the penal law, burglary
in the second degree as defined in section 140.25 of the penal law,
burglary in the first degree as defined in section 140.30 of the penal
law, criminal mischief in the third degree as defined in section 145.05
of the penal law, criminal mischief in the second degree as defined in
section 145.10 of the penal law, criminal mischief in the first degree
as defined in section 145.12 of the penal law, criminal tampering in the
first degree as defined in section 145.20 of the penal law, arson in the
fourth degree as defined in section 150.05 of the penal law, arson in
the third degree as defined in section 150.10 of the penal law, arson in
the second degree as defined in section 150.15 of the penal law, arson
in the first degree as defined in section 150.20 of the penal law, grand
larceny in the fourth degree as defined in section 155.30 of the penal
law, grand larceny in the third degree as defined in section 155.35 of
the penal law, grand larceny in the second degree as defined in section
155.40 of the penal law, grand larceny in the first degree as defined in
section 155.42 of the penal law, health care fraud in the fourth degree
as defined in section 177.10 of the penal law, health care fraud in the

CHAP. 405 4

third degree as defined in section 177.15 of the penal law, health care
fraud in the second degree as defined in section 177.20 of the penal
law, health care fraud in the first degree as defined in section 177.25
of the penal law, robbery in the third degree as defined in section
160.05 of the penal law, robbery in the second degree as defined in
section 160.10 of the penal law, robbery in the first degree as defined
in section 160.15 of the penal law, unlawful use of secret scientific
material as defined in section 165.07 of the penal law, criminal
possession of stolen property in the fourth degree as defined in section
165.45 of the penal law, criminal possession of stolen property in the
third degree as defined in section 165.50 of the penal law, criminal
possession of stolen property in the second degree as defined by section
165.52 of the penal law, criminal possession of stolen property in the
first degree as defined by section 165.54 of the penal law, trademark
counterfeiting in the second degree as defined in section 165.72 of the
penal law, trademark counterfeiting in the first degree as defined in
section 165.73 of the penal law, forgery in the second degree as defined
in section 170.10 of the penal law, forgery in the first degree as
defined in section 170.15 of the penal law, criminal possession of a
forged instrument in the second degree as defined in section 170.25 of
the penal law, criminal possession of a forged instrument in the first
degree as defined in section 170.30 of the penal law, criminal
possession of forgery devices as defined in section 170.40 of the penal
law, falsifying business records in the first degree as defined in
section 175.10 of the penal law, tampering with public records in the
first degree as defined in section 175.25 of the penal law, offering a
false instrument for filing in the first degree as defined in section
175.35 of the penal law, issuing a false certificate as defined in
section 175.40 of the penal law, criminal diversion of prescription
medications and prescriptions in the second degree as defined in section
178.20 of the penal law, criminal diversion of prescription medications
and prescriptions in the first degree as defined in section 178.25 of
the penal law, residential mortgage fraud in the fourth degree as
defined in section 187.10 of the penal law, residential mortgage fraud
in the third degree as defined in section 187.15 of the penal law, resi-
dential mortgage fraud in the second degree as defined in section 187.20
of the penal law, residential mortgage fraud in the first degree as
defined in section 187.25 of the penal law, escape in the second degree
as defined in section 205.10 of the penal law, escape in the first
degree as defined in section 205.15 of the penal law, absconding from
temporary release in the first degree as defined in section 205.17 of
the penal law, promoting prison contraband in the first degree as
defined in section 205.25 of the penal law, hindering prosecution in the
second degree as defined in section 205.60 of the penal law, hindering
prosecution in the first degree as defined in section 205.65 of the
penal law, sex trafficking as defined in section 230.34 of the penal
law, criminal possession of a weapon in the third degree as defined in
subdivisions two, three and five of section 265.02 of the penal law,
criminal possession of a weapon in the second degree as defined in
section 265.03 of the penal law, criminal possession of a weapon in the
first degree as defined in section 265.04 of the penal law, manufacture,
transport, disposition and defacement of weapons and dangerous instru-
ments and appliances defined as felonies in subdivisions one, two, and
three of section 265.10 of the penal law, sections 265.11, 265.12 and
265.13 of the penal law, or prohibited use of weapons as defined in
subdivision two of section 265.35 of the penal law, relating to firearms

5 CHAP. 405

and other dangerous weapons, or failure to disclose the origin of a
recording in the first degree as defined in section 275.40 of the penal
law;

§ 5. Paragraph (c) of subdivision 3-a of section 115-d of the domestic
relations law, as added by chapter 7 of the laws of 1999, is amended to
read as follows:

(c) For the purposes of this subdivision, "spousal abuse" is an
offense defined in section 120.05 [or], 120.10, 121.12, or 121.13 of the
penal law where the victim of such offense was the defendant's spouse;
provided, however, spousal abuse shall not include a crime in which the
applicant was the defendant, and the court finds in accordance with this
subdivision that he or she was the victim of physical, sexual or psycho-
logical abuse by the victim of such offense and such abuse was a factor
in causing the applicant to commit such offense.

§ 6. Paragraph (f) of subdivision 7 of section 995 of the executive
law, as amended by chapter 2 of the laws of 2006, is amended to read as
follows:

(f) any of the following misdemeanors: assault in the third degree as
defined in section 120.00 of the penal law; attempted aggravated assault
upon a person less than eleven years old, as defined in section 110.00
and section 120.12 of the penal law; attempted menacing in the first
degree, as defined in section 110.00 and section 120.13 of the penal
law; menacing in the second degree as defined in section 120.14 of the
penal law; menacing in the third degree as defined in section 120.15 of
the penal law; reckless endangerment in the second degree as defined in
section 120.20 of the penal law; stalking in the fourth degree as
defined in section 120.45 of the penal law; stalking in the third degree
as defined in section 120.50 of the penal law; attempted stalking in the
second degree, as defined in section 110.00 and section 120.55 of the
penal law; criminal obstruction of breathing or blood circulation as
defined in section 121.11 of the penal law;
forcible touching as defined
in section 130.52 of the penal law regardless of the age of the victim;
sexual abuse in the third degree as defined in section 130.55 of the
penal law regardless of the age of the victim; unlawful imprisonment in
the second degree as defined in section 135.05 of the penal law regard-
less of the age of the victim; attempted unlawful imprisonment in the
first degree, as defined in section 110.00 and section 135.10 of the
penal law regardless of the age of the victim; criminal trespass in the
second degree as defined in section 140.15 of the penal law; possession
of burglar's tools as defined in section 140.35 of the penal law; petit
larceny as defined in section 155.25 of the penal law; endangering the
welfare of a child as defined in section 260.10 of the penal law; endan-
gering the welfare of an incompetent or physically disabled person as
defined in section 260.25 of the penal law.

§ 7. Paragraph (a) of subdivision 1 of section 460.10 of the penal
law, as amended by section 30 of part AAA of chapter 56 of the laws of
2009, is amended to read as follows:

(a) Any of the felonies set forth in this chapter: sections 120.05,
120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
ing to strangulation;
sections 125.10 to 125.27 relating to homicide;
sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
135.25 relating to kidnapping; section 135.35 relating to labor traf-
ficking; section 135.65 relating to coercion; sections 140.20, 140.25
and 140.30 relating to burglary; sections 145.05, 145.10 and 145.12
relating to criminal mischief; article one hundred fifty relating to
arson; sections 155.30, 155.35, 155.40 and 155.42 relating to grand

CHAP. 405 6

larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to health
care fraud; article one hundred sixty relating to robbery; sections
165.45, 165.50, 165.52 and 165.54 relating to criminal possession of
stolen property; sections 165.72 and 165.73 relating to trademark coun-
terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and
210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
176.30 relating to insurance fraud; sections 178.20 and 178.25 relating
to criminal diversion of prescription medications and prescriptions;
sections 180.03, 180.08, 180.15, 180.25, 180.40, 180.45, 200.00, 200.03,
200.04, 200.10, 200.11, 200.12, 200.20, 200.22, 200.25, 200.27, 215.00,
215.05 and 215.19 relating to bribery; sections 187.10, 187.15, 187.20
and 187.25 relating to residential mortgage fraud, sections 190.40 and
190.42 relating to criminal usury; section 190.65 relating to schemes to
defraud; sections 205.60 and 205.65 relating to hindering prosecution;
sections 210.10, 210.15, and 215.51 relating to perjury and contempt;
section 215.40 relating to tampering with physical evidence; sections
220.06, 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41,
220.43, 220.46, 220.55, 220.60 and 220.77 relating to controlled
substances; sections 225.10 and 225.20 relating to gambling; sections
230.25, 230.30, and 230.32 relating to promoting prostitution; section
230.34 relating to sex trafficking; sections 235.06, 235.07, 235.21 and
235.22 relating to obscenity; sections 263.10 and 263.15 relating to
promoting a sexual performance by a child; sections 265.02, 265.03,
265.04, 265.11, 265.12, 265.13 and the provisions of section 265.10
which constitute a felony relating to firearms and other dangerous weap-
ons; and sections 265.14 and 265.16 relating to criminal sale of a
firearm; and section 275.10, 275.20, 275.30, or 275.40 relating to unau-
thorized recordings; and sections 470.05, 470.10, 470.15 and 470.20
relating to money laundering; or

§ 8. Paragraph (j) of subdivision 2 of section 378-a of the social
services law, as added by chapter 7 of the laws of 1999, is amended to
read as follows:

(j) For the purposes of this subdivision "spousal abuse" is an offense
defined in section 120.05 [or], 120.10, 121.12 or 121.13 of the penal
law where the victim of such offense was the defendant's spouse;
provided, however, spousal abuse shall not include a crime in which the
prospective foster parent or prospective adoptive parent, who was the
defendant, has received notice pursuant to paragraph (g) of this subdi-
vision and the office of children and family services finds after a fair
hearing held pursuant to section twenty-two of this chapter, that he or
she was the victim of physical, sexual or psychological abuse by the
victim of such offense and such abuse was a factor in causing the
prospective foster parent or prospective adoptive parent to commit such
offense.

§ 9. The opening paragraph of subdivision 1 of section 812 of the
family court act, as amended by chapter 476 of the laws of 2009, is
amended to read as follows:

The family court and the criminal courts shall have concurrent juris-
diction over any proceeding concerning acts which would constitute
disorderly conduct, harassment in the first degree, harassment in the
second degree, aggravated harassment in the second degree, sexual
misconduct, forcible touching, sexual abuse in the third degree, sexual
abuse in the second degree as set forth in subdivision one of section
130.60 of the penal law, stalking in the first degree, stalking in the
second degree, stalking in the third degree, stalking in the fourth

7 CHAP. 405

degree, criminal mischief, menacing in the second degree, menacing in
the third degree, reckless endangerment, criminal obstruction of breath-
ing or blood circulation, strangulation in the second degree, strangula-
tion in the first degree,
assault in the second degree, assault in the
third degree or an attempted assault, criminal obstruction of breathing
or blood circulation or strangulation
between spouses or former spouses,
or between parent and child or between members of the same family or
household except that if the respondent would not be criminally respon-
sible by reason of age pursuant to section 30.00 of the penal law, then
the family court shall have exclusive jurisdiction over such proceeding.
Notwithstanding a complainant's election to proceed in family court, the
criminal court shall not be divested of jurisdiction to hear a family
offense proceeding pursuant to this section. For purposes of this arti-
cle, "disorderly conduct" includes disorderly conduct not in a public
place. For purposes of this article, "members of the same family or
household" shall mean the following:

§ 10. Subdivision (f) of section 10.03 of the mental hygiene law, as
added by chapter 7 of the laws of 2007, is amended to read as follows:

(f) "Designated felony" means any felony offense defined by any of the
following provisions of the penal law: assault in the second degree as
defined in section 120.05, assault in the first degree as defined in
section 120.10, gang assault in the second degree as defined in section
120.06, gang assault in the first degree as defined in section 120.07,
stalking in the first degree as defined in section 120.60, strangulation
in the second degree as defined in section 121.12, strangulation in the
first degree as defined in section 121.13,
manslaughter in the second
degree as defined in subdivision one of section 125.15, manslaughter in
the first degree as defined in section 125.20, murder in the second
degree as defined in section 125.25, aggravated murder as defined in
section 125.26, murder in the first degree as defined in section 125.27,
kidnapping in the second degree as defined in section 135.20, kidnapping
in the first degree as defined in section 135.25, burglary in the third
degree as defined in section 140.20, burglary in the second degree as
defined in section 140.25, burglary in the first degree as defined in
section 140.30, arson in the second degree as defined in section 150.15,
arson in the first degree as defined in section 150.20, robbery in the
third degree as defined in section 160.05, robbery in the second degree
as defined in section 160.10, robbery in the first degree as defined in
section 160.15, promoting prostitution in the second degree as defined
in section 230.30, promoting prostitution in the first degree as defined
in section 230.32, compelling prostitution as defined in section 230.33,
disseminating indecent material to minors in the first degree as defined
in section 235.22, use of a child in a sexual performance as defined in
section 263.05, promoting an obscene sexual performance by a child as
defined in section 263.10, promoting a sexual performance by a child as
defined in section 263.15, or any felony attempt or conspiracy to commit
any of the foregoing offenses.

§ 11. The opening paragraph of subdivision 1 of section 530.11 of the
criminal procedure law, as amended by chapter 476 of the laws of 2009,
is amended to read as follows:

The family court and the criminal courts shall have concurrent juris-
diction over any proceeding concerning acts which would constitute
disorderly conduct, harassment in the first degree, harassment in the
second degree, aggravated harassment in the second degree, sexual
misconduct, forcible touching, sexual abuse in the third degree, sexual
abuse in the second degree as set forth in subdivision one of section

CHAP. 405 8

130.60 of the penal law, stalking in the first degree, stalking in the
second degree, stalking in the third degree, stalking in the fourth
degree, criminal mischief, menacing in the second degree, menacing in
the third degree, reckless endangerment, strangulation in the first
degree, strangulation in the second degree, criminal obstruction of
breathing or blood circulation,
assault in the second degree, assault in
the third degree or an attempted assault between spouses or former
spouses, or between parent and child or between members of the same
family or household except that if the respondent would not be criminal-
ly responsible by reason of age pursuant to section 30.00 of the penal
law, then the family court shall have exclusive jurisdiction over such
proceeding. Notwithstanding a complainant's election to proceed in fami-
ly court, the criminal court shall not be divested of jurisdiction to
hear a family offense proceeding pursuant to this section. For purposes
of this section, "disorderly conduct" includes disorderly conduct not in
a public place. For purposes of this section, "members of the same
family or household" with respect to a proceeding in the criminal courts
shall mean the following:

§ 12. Subdivision 5 of section 60.05 of the penal law, as amended by
chapter 738 of the laws of 2004, is amended to read as follows:

5. Certain class D felonies. Except as provided in subdivision six of
this section, every person convicted of the class D felonies of assault
in the second degree as defined in section 120.05, strangulation in the
second degree as defined in section 121.12
or attempt to commit a class
C felony as defined in section 230.30 of this chapter, must be sentenced
in accordance with section 70.00 or 85.00 of this title.

§ 13. Subdivision 3 of section 485.05 of the penal law, as amended by
chapter 264 of the laws of 2003, is amended to read as follows:

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 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);

9 CHAP. 405

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.

§ 14. Subdivision 2 of section 130.91 of the penal law, as added by
chapter 7 of the laws of 2007, is amended to read as follows:

2. A "specified offense" is a felony offense defined by any of the
following provisions of this chapter: assault in the second degree as
defined in section 120.05, assault in the first degree as defined in
section 120.10, gang assault in the second degree as defined in section
120.06, gang assault in the first degree as defined in section 120.07,
stalking in the first degree as defined in section 120.60, strangulation
in the second degree as defined in section 121.12, strangulation in the
first degree as defined in section 121.13,
manslaughter in the second
degree as defined in subdivision one of section 125.15, manslaughter in
the first degree as defined in section 125.20, murder in the second
degree as defined in section 125.25, aggravated murder as defined in
section 125.26, murder in the first degree as defined in section 125.27,
kidnapping in the second degree as defined in section 135.20, kidnapping
in the first degree as defined in section 135.25, burglary in the third
degree as defined in section 140.20, burglary in the second degree as
defined in section 140.25, burglary in the first degree as defined in
section 140.30, arson in the second degree as defined in section 150.15,
arson in the first degree as defined in section 150.20, robbery in the
third degree as defined in section 160.05, robbery in the second degree
as defined in section 160.10, robbery in the first degree as defined in
section 160.15, promoting prostitution in the second degree as defined
in section 230.30, promoting prostitution in the first degree as defined
in section 230.32, compelling prostitution as defined in section 230.33,
disseminating indecent material to minors in the first degree as defined
in section 235.22, use of a child in a sexual performance as defined in
section 263.05, promoting an obscene sexual performance by a child as
defined in section 263.10, promoting a sexual performance by a child as
defined in section 263.15, or any felony attempt or conspiracy to commit
any of the foregoing offenses.

§ 15. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
and traffic law, as amended by chapter 345 of the laws of 2007, is
amended to read as follows:

(c) The offenses referred to in subparagraph (i) of paragraph (b) of
subdivision one and subparagraph (i) of paragraph (c) of subdivision two
of this section that result in disqualification for a period of five
years shall include a conviction under sections 100.10, 105.13, 115.05,
120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 121.12, 121.13,

CHAP. 405 10

125.13, 125.14, 125.40, 125.45, 130.20, 130.25, 130.55, 135.10, 135.55,
140.17, 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06,
220.09, 220.16, 220.31, 220.34, 220.60, 221.30, 221.50, 221.55, 230.00,
230.05, 230.06, 230.20, 230.25, 230.30, 230.32, 235.05, 235.06, 235.07,
235.21, 240.06, 245.00, 260.10, subdivision two of section 260.20 and
sections 260.25, 265.02, 265.03, 265.08, 265.09, 265.10, 265.12, 265.35
of the penal law or an attempt to commit any of the aforesaid offenses
under section 110.00 of the penal law, or any similar offenses committed
under a former section of the penal law, or any offenses committed under
a former section of the penal law which would constitute violations of
the aforesaid sections of the penal law, or any offenses committed
outside this state which would constitute violations of the aforesaid
sections of the penal law.

§ 16. This act shall take effect on the ninetieth day after it shall
have become a law.


The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.


MALCOLM A. SMITH
Temporary President of the Senate

SHELDON SILVER
Speaker of the Assembly


EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law to be omitted.