§ 200.62 Indictment; special information for child sexual assault\n offender.\n 1. Whenever a person is charged with the commission or attempted\ncommission of an offense defined in article one hundred thirty of the\npenal law which constitutes a felony and it appears that the victim of\nsuch offense was less than fifteen years old, an indictment for such\noffense may be accompanied by a special information, filed by the\ndistrict attorney with the court, alleging that the victim was less than\nfifteen years old at the time of the commission of the offense;\nprovided, however, that such an information need not be filed when the\nage of the victim is an element of the offense.\n 2. Prior to trial, or after the commencement of the trial but before\nthe close of the people's case, the court, in the absence of the jury,\nmust arraign the defendant upon such information and advise him or her\nthat he or she may admit such allegation, deny it or remain mute.\nDepending upon the defendant's response, the trial of the indictment\nmust proceed as follows:\n (a) If the defendant admits that the alleged victim was less than\nfifteen years old at the time of the commission or attempted commission\nof the offense, that allegation shall be deemed established for all\nsubsequent purposes, including sentencing pursuant to section 70.07 of\nthe penal law.\n (b) If the defendant denies such allegation or remains mute, the\npeople may, by proof beyond a reasonable doubt, prove before the jury\nor, where the defendant has waived a jury trial, the court, that the\nalleged victim was less than fifteen years old at the time of the\ncommission or attempted commission of the offense.\n (c) Nothing in this subdivision shall prevent the people, in a trial\nbefore the court or a jury, from making reference to and introducing\nevidence of the victim's age.\n 3. Where a jury, pursuant to paragraph (b) of subdivision two of this\nsection, makes the determination of whether the alleged victim of the\noffense was less than fifteen years old, such jury shall consider and\nrender its verdict on such issue only after rendering its verdict with\nregard to the offense.\n 4. A determination pursuant to this section that the victim was less\nthan fifteen years old at the time of the commission of the offense\nshall be binding in any future proceeding in which the issue may arise\nunless the underlying conviction or determination is vacated or\nreversed.\n
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