(a) If the defendant admits that the alleged victim was less than
fifteen years old at the time of the commission or attempted commission
of the offense, that allegation shall be deemed established for all
subsequent purposes, including sentencing pursuant to section 70.07 of
the penal law.
(b) If the defendant denies such allegation or remains mute, the
people may, by proof beyond a reasonable doubt, prove before the jury
or, where the defendant has waived a jury trial, the court, that the
alleged victim was less than fifteen years old at the time of the
commission or attempted commission of the offense.
(c) Nothing in this subdivision shall prevent the people, in a trial
before the court or a jury, from making reference to and introducing
evidence of the victim's age.
3. Where a jury, pursuant to paragraph (b) of subdivision two of this
section, makes the determination of whether the alleged victim of the
offense was less than fifteen years old, such jury shall consider and
render its verdict on such issue only after rendering its verdict with
regard to the offense.
4. A determination pursuant to this section that the victim was less
than fifteen years old at the time of the commission of the offense
shall be binding in any future proceeding in which the issue may arise
unless the underlying conviction or determination is vacated or
reversed.
Structure New York Laws
Part 2 - The Principal Proceedings
Title I - Preliminary Proceedings in Superior Court
Article 200 - Indictment and Related Instruments
200.10 - Indictment; Definition.
200.15 - Superior Court Information; Definition.
200.30 - Indictment; Duplicitous Counts Prohibited.
200.50 - Indictment; Form and Content.
200.60 - Indictment; Allegations of Previous Convictions Prohibited.
200.61 - Indictment; Special Information for Operators of For-Hire Vehicles.
200.62 - Indictment; Special Information for Child Sexual Assault Offender.
200.63 - Indictment; Special Information for Aggravated Family Offense.
200.70 - Indictment; Amendment Of.