New York Criminal Process: Convictions that Require Collection of a DNA Specimen
A person –other than a youthful offender- convicted in New York of any felony or specified misdemeanor offense must provide a DNA specimen for the State DNA Databank pursuant to Executive Law §995(7). The following is a list of the specified misdemeanors:
• Assault in the 3rd degree [Pl §120.00];
• Attempted aggravated assault upon a person less than 11 years old[ PL §§110/120.12];
• Attempted menacing in the 1st degree[PL §§[110/120.13];
• Menacing in the 2nd degree [PL §120.14];
• Menacing in the 3rd degree [PL §120.15];
• Reckless endangerment in the 2nd degree[PL §120.20];
• Stalking in the 4th degree[PL §§ 120.45];
• Stalking in the 3rd degree [PL §120.50];
• Attempted stalking in the 2nd degree [PL§ 110/120.55] ;
• Sexual misconduct [PL §130.20];
• Attempted sexual misconduct [PL §110.00/130.20];
• Attempted rape in the 3rd degree [PL §§110/130.25];
• Attempted criminal sexual act in the 3rd degree [PL§110/130.40];
• Forcible touching [PL§130.52];
• Attempted forcible touching [PL §§ 110/130.52] (if the victim is less than 18 or the defendant has previously been convicted of a sex offense or sexually violent offense, or 130.52 or 130.55, or an attempt thereof);
• Attempted persistent sexual abuse [PL §§110 130.53];
• Sexual abuse in the 3rd [ PL §130.55];
• Attempted sexual abuse in the 3rd degree [ PL§§110/130.55] (where victim is less than 18 OR offender has previously been convicted of a sex offense or sexually violent offense, or 130.52 or 130.55, or an attempt thereof)
• Sexual abuse in the 2d degree [PL §130.60];
• Attempted sexual abuse in the 2d degree [PL §§110/130.60];
• Attempted aggravated sexual abuse in the 4th degree [PL §110/130.65];
• Unlawful imprisonment in the 2d degree [ PL §135.05];
• Attempted unlawful imprisonment 2d [ PL 110/135.05] (where victim is less than 18 and Defendant is not parent);
• Attempted unlawful imprisonment in the 1st [Pl §§110.00/135.05];
• Criminal trespass in the second degree[PL§140.15];
• Possession of burglar's tools [PL § 140.35];
• Petit larceny [PL § 155.25];
• Endangering the welfare of a child [PL§ 260.10];
• Endangering the welfare of an incompetent or physically disabled person [PL §260.25];
• Patronizing a prostitute in the 3rd degree [230.14] (where the person patronized is in fact less than seventeen years of age);
• Attempted patronizing a prostitute in the 3rd degree [PL §§110/230.04];
• Attempted patronizing a prostitute in the 2d degree PL §§110/230.05];
• Attempted incest [PL §§110/255.25];
• Attempted possessing an obscene sexual performance by a child [PL §§110/263.11]; and
• Attempted possessing a sexual performance by a child [PL §§110/263.16].
