§ 70.08 Sentence of imprisonment for persistent violent felony offender;\n criteria.\n 1. Definition of persistent violent felony offender.\n (a) A persistent violent felony offender is a person who stands\nconvicted of a violent felony offense as defined in subdivision one of\nsection 70.02 or the offense of predatory sexual assault as defined in\nsection 130.95 of this chapter or the offense of predatory sexual\nassault against a child as defined in section 130.96 of this chapter,\nafter having previously been subjected to two or more predicate violent\nfelony convictions as defined in paragraph (b) of subdivision one of\nsection 70.04 of this article.\n (b) For the purpose of determining whether a person has two or more\npredicate violent felony convictions, the criteria set forth in\nparagraph (b) of subdivision one of section 70.04 shall apply.\n 2. Authorized sentence. When the court has found, pursuant to the\nprovisions of the criminal procedure law, that a person is a persistent\nviolent felony offender the court must impose an indeterminate sentence\nof imprisonment, the maximum term of which shall be life imprisonment.\nThe minimum period of imprisonment under such sentence must be in\naccordance with subdivision three of this section.\n * 3. Minimum period of imprisonment. The minimum period of\nimprisonment under an indeterminate life sentence for a persistent\nviolent felony offender must be fixed by the court as follows:\n (a) For the class A-II felony of predatory sexual assault as defined\nin section 130.95 of this chapter or the class A-II felony of predatory\nsexual assault against a child as defined in section 130.96 of this\nchapter, the minimum period must be twenty-five years;\n (a-1) For a class B felony, the minimum period must be at least twenty\nyears and must not exceed twenty-five years;\n (b) For a class C felony, the minimum period must be at least sixteen\nyears and must not exceed twenty-five years;\n (c) For a class D felony, the minimum period must be at least twelve\nyears and must not exceed twenty-five years.\n * NB Effective until September 1, 2027\n * 3. Minimum period of imprisonment. The minimum period of\nimprisonment under an indeterminate life sentence for a persistent\nviolent felony offender must be fixed by the court as follows:\n (a) For the class A-II felony of predatory sexual assault as defined\nin section 130.95 of this chapter or the class A-II felony of predatory\nsexual assault against a child as defined in section 130.96 of this\nchapter, the minimum period must be twenty-five years;\n (a-1) For a class B felony, the minimum period must be at least ten\nyears and must not exceed twenty-five years;\n (b) For a class C felony, the minimum period must be at least eight\nyears and must not exceed twenty-five years;\n (c) For a class D felony, the minimum period must be at least six\nyears and must not exceed twenty-five years.\n * NB Effective September 1, 2027\n
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