Court Opinions

State Laws

US Code

US Constitution

New York Penal Law Section 70.05 - Sentence Of Imprisonment For Juvenile Offender.

Legal Research Home > New York Lawyer > Penal > New York Penal Law Section 70.05 - Sentence Of Imprisonment For Juvenile Offender.

 
    § 70.05 Sentence of imprisonment for juvenile offender.
    1.  Indeterminate  sentence.  A  sentence of imprisonment for a felony
  committed by a juvenile offender shall  be  an  indeterminate  sentence.
  When  such  a sentence is imposed, the court shall impose a maximum term
  in accordance with the provisions of subdivision two of this section and
  the minimum period of imprisonment shall be as provided  in  subdivision
  three  of  this  section.  The  court shall further provide that where a
  juvenile offender is under placement pursuant to article  three  of  the
  family court act, any sentence imposed pursuant to this section which is
  to  be  served  consecutively  with  such placement shall be served in a
  facility designated pursuant to subdivision four  of  section  70.20  of
  this  article  prior  to  service  of  the  placement  in any previously
  designated facility.
    2. Maximum term of sentence. The  maximum  term  of  an  indeterminate
  sentence  for  a juvenile offender shall be at least three years and the
  term shall be fixed as follows:
    (a) For the class A felony of murder in the second  degree,  the  term
  shall be life imprisonment;
    (b)  For  the  class A felony of arson in the first degree, or for the
  class A felony of kidnapping in the first degree the term shall be fixed
  by the court, and shall be at least twelve years but  shall  not  exceed
  fifteen years;
    (c)  For  a  class B felony, the term shall be fixed by the court, and
  shall not exceed ten years;
    (d) For a class C felony, the term shall be fixed by  the  court,  and
  shall not exceed seven years; and
    (e)  For  a  class  D felony, the term shall be fixed by the court and
  shall not exceed four years.
    3. Minimum period of imprisonment. The minimum period of  imprisonment
  under  an  indeterminate  sentence  for  a  juvenile  offender  shall be
  specified in the sentence as follows:
    (a) For the class A felony of murder in the second degree, the minimum
  period of imprisonment shall be fixed by the court and shall be not less
  than five years but shall not exceed nine years provided, however,  that
  where the sentence is for an offense specified in subdivision one or two
  of  section  125.25  of  this  chapter and the defendant was fourteen or
  fifteen years old at the time of such offense,  the  minimum  period  of
  imprisonment  shall  be not less than seven and one-half years but shall
  not exceed fifteen years;
    (b) For the class A felony of arson in the first degree,  or  for  the
  class  A felony of kidnapping in the first degree, the minimum period of
  imprisonment shall be fixed by the court and shall be not less than four
  years but shall not exceed six years; and
    (c) For a class B, C or D felony, the minimum period  of  imprisonment
  shall be fixed by the court at one-third of the maximum term imposed.

Last modified: July 30, 2006