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SECTION 200.62
Indictment; special information for child sexual assault offender
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE I, ARTICLE 200
§ 200.62 Indictment; special information for child sexual assault

offender.

1. Whenever a person is charged with the commission or attempted
commission of an offense defined in article one hundred thirty of the
penal law which constitutes a felony and it appears that the victim of
such offense was less than fifteen years old, an indictment for such
offense may be accompanied by a special information, filed by the
district attorney with the court, alleging that the victim was less than
fifteen years old at the time of the commission of the offense;
provided, however, that such an information need not be filed when the
age of the victim is an element of the offense.

2. Prior to trial, or after the commencement of the trial but before
the close of the people's case, the court, in the absence of the jury,
must arraign the defendant upon such information and advise him or her
that he or she may admit such allegation, deny it or remain mute.
Depending upon the defendant's response, the trial of the indictment
must proceed as follows:

(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.