New York Laws
PEN - Penal

15.10 - Requirements for Criminal Liability in General and for Offenses of Strict Liability and Mental Culpability. - of strict liability and mental culpability. The minimal requirement for...

15.15 - Construction of Statutes With Respect to Culpability Requirements. - requirements. 1. When the commission of an offense defined in...

15.20 - Effect of Ignorance or Mistake Upon Liability. - (a) Such factual mistake negatives the culpable mental state required...

15.25 - Effect of Intoxication Upon Liability. - Intoxication is not, as such, a defense to a criminal...

Article 20 - Parties to Offenses and Liability Through Accessorial Conduct

20.00 - Criminal Liability for Conduct of Another. - When one person engages in conduct which constitutes an offense,...

20.05 - Criminal Liability for Conduct of Another; No Defense. - In any prosecution for an offense in which the criminal...

20.10 - Criminal Liability for Conduct of Another; Exemption. - Notwithstanding the provisions of sections 20.00 and 20.05, a person...

20.15 - Convictions for Different Degrees of Offense. - Except as otherwise expressly provided in this chapter, when, pursuant...

20.20 - Criminal Liability of Corporations. - (a) "Agent" means any director, officer or employee of a...

20.25 - Criminal Liability of an Individual for Corporate Conduct. - A person is criminally liable for conduct constituting an offense...

Title C - Defenses

Article 25 - Defenses in General

25.00 - Defenses; Burden of Proof. - 1. When a "defense," other than an "affirmative defense," defined...

Article 30 - Defense of Infancy

30.00 - Infancy. - (a) a felony, as defined in subdivision five of section...

Article 35 - Defense of Justification

35.00 - Justification; a Defense. - In any prosecution for an offense, justification, as defined in...

35.05 - Justification; Generally. - Unless otherwise limited by the ensuing provisions of this article...

35.10 - Justification; Use of Physical Force Generally. - The use of physical force upon another person which would...

35.15 - Justification; Use of Physical Force in Defense of a Person. - (a) The latter's conduct was provoked by the actor with...

35.20 - Justification; Use of Physical Force in Defense of Premises and in Defense of a Person in the Course of Burglary. - (a) The terms "premises," "building" and "dwelling" have the meanings...

35.25 - Justification; Use of Physical Force to Prevent or Terminate Larceny or Criminal Mischief. - larceny or criminal mischief. A person may use physical force,...

35.27 - Justification; Use of Physical Force in Resisting Arrest Prohibited. - prohibited. A person may not use physical force to resist...

35.30 - Justification; Use of Physical Force in Making an Arrest or in Preventing an Escape. - (a) The offense committed by such person was: (i) a...

Article 40 - Other Defenses Involving Lack of Culpability

40.00 - Duress. - 1. In any prosecution for an offense, it is an...

40.05 - Entrapment. - In any prosecution for an offense, it is an affirmative...

40.10 - Renunciation. - 1. In any prosecution for an offense, other than an...

40.15 - Mental Disease or Defect. - In any prosecution for an offense, it is an affirmative...

Part 2 - Sentences

Title E - Sentences

Article 55 - Classification and Designation of Offenses

55.00 - Applicability of Article. - The provisions of this article govern the classification and designation...

55.05 - Classifications of Felonies and Misdemeanors. - (a) Class A felonies; (b) Class B felonies; (c) Class...

55.10 - Designation of Offenses. - (a) The particular classification or subclassification of each felony defined...

Article 60 - Authorized Dispositions of Offenders

60.00 - Applicability of Provisions. - 1. The sentences prescribed by this article shall apply in...

60.01 - Authorized Dispositions; Generally. - (a) The court may impose a revocable sentence as herein...

60.02 - Authorized Disposition; Youthful Offender. - (1) If the sentence is to be imposed upon a...

60.04 - Authorized Disposition; Controlled Substances and Marihuana Felony Offenses. - (ii) An incarcerated individual who successfully completes an alternative-to-shock-incarceration program...

60.05 - Authorized Dispositions; Other Class A, B, Certain C and D Felonies and Multiple Felony Offenders. - (b) Paragraph b of subdivision seven of section 60.04 of...

60.06 - Authorized Disposition; Murder in the First Degree Offenders; Aggravated Murder Offenders; Certain Murder in the Second Degree Offenders; Certain - aggravated murder offenders; certain murder in the second degree offenders;...

60.07 - Authorized Disposition; Criminal Attack on Operators of For-Hire Vehicles. - (a) the term "specified offense" shall mean an attempt to...

60.08 - Authorized Dispositions; Resentencing of Certain Controlled Substance Offenders. - substance offenders. Any person convicted of an offense and sentenced...

60.09 - Authorized Dispositions; Resentencing of Certain Persons Convicted of Specified Controlled Substance Offenses. - (i) if the conviction was for a class A-III offense...

60.10 - Authorized Disposition; Juvenile Offender. - 1. When a juvenile offender is convicted of a crime,...

60.10-A - Authorized Disposition; Adolescent Offender. - When an adolescent offender is convicted of an offense, the...

60.11 - Authorized Dispositions; Criminal Possession of a Weapon in the Fourth Degree. - fourth degree. When a person is to be sentenced upon...

60.11-A - Authorized Dispositions; Certain Criminal Possession of a Weapon in the Third Degree Offenders. - weapon in the third degree offenders. When a person is...

60.12 - Authorized Dispositions; Alternative Sentence; Domestic Violence Cases. - (a) For a class B felony, the term must be...

60.13 - Authorized Dispositions; Felony Sex Offenses. - When a person is to be sentenced upon a conviction...

60.20 - Authorized Dispositions; Traffic Infraction. - (a) A period of conditional discharge, as provided in article...

60.21 - Authorized Dispositions; Driving While Intoxicated or Aggravated Driving While Intoxicated. - driving while intoxicated. Notwithstanding paragraph (d) of subdivision two of...

60.25 - Authorized Dispositions; Corporation. - (a) A fine authorized by section 80.10; or (b) Where...

60.27 - Restitution and Reparation. - (a) the term "offense" shall include the offense for which...

60.28 - Authorized Disposition; Making Graffiti and Possession of Graffiti Instruments. - graffiti instruments. When a person is convicted of an offense...

60.29 - Authorized Disposition; Cemetery Desecration. - When a person is convicted of an offense defined in...

60.30 - Civil Penalties. - This article does not deprive the court of any authority...

60.35 - Mandatory Surcharge, Sex Offender Registration Fee, DNA Databank Fee, Supplemental Sex Offender Victim Fee and Crime Victim Assistance Fee Required In - (i) a person convicted of a felony shall pay a...

60.36 - Authorized Dispositions; Driving While Intoxicated Offenses. - Where a court is imposing a sentence for a violation...

60.37 - Authorized Disposition; Certain Offenses. - When a person has been charged with an offense and...

Article 65 - Sentences of Probation, Conditional Discharge and Unconditional Discharge

65.00 - Sentence of Probation. - (i) Institutional confinement for the term authorized by law of...

65.05 - Sentence of Conditional Discharge. - (b) When a sentence of conditional discharge is imposed for...

65.10 - Conditions of Probation and of Conditional Discharge. - (a) Avoid injurious or vicious habits; (b) Refrain from frequenting...

65.15 - Calculation of Periods of Probation and of Conditional Discharge. - discharge. 1. A period of probation or a period or...

65.20 - Sentence of Unconditional Discharge. - 1. Criteria. The court may impose a sentence of unconditional...

Article 70 - Sentences of Imprisonment

70.00 - Sentence of Imprisonment for Felony. - (a) For a class A felony, the term shall be...

70.02 - Sentence of Imprisonment for a Violent Felony Offense. - (a) Class B violent felony offenses: an attempt to commit...

70.04 - Sentence of Imprisonment for Second Violent Felony Offender. - (a) A second violent felony offender is a person who...

70.05 - Sentence of Imprisonment for Juvenile Offender. - (a) For the class A felony of murder in the...

70.06 - Sentence of Imprisonment for Second Felony Offender. - (a) A second felony offender is a person, other than...

70.07 - Sentence of Imprisonment for Second Child Sexual Assault Felony Offender. - (a) where the defendant stands convicted of such sexual assault...

70.08 - Sentence of Imprisonment for Persistent Violent Felony Offender; Criteria. - (a) A persistent violent felony offender is a person who...

70.10 - Sentence of Imprisonment for Persistent Felony Offender. - (a) A persistent felony offender is a person, other than...

70.15 - Sentences of Imprisonment for Misdemeanors and Violation. - (b) The amendatory provisions of this subdivision are ameliorative and...

70.20 - Place of Imprisonment. - (b) The court in committing a defendant who is not...

70.25 - Concurrent and Consecutive Terms of Imprisonment. - (b) A definite sentence shall run concurrently with any sentence...

70.30 - Calculation of Terms of Imprisonment. - (ii) Notwithstanding subparagraph (i) of this paragraph, the aggregate maximum...

70.35 - Merger of Certain Definite and Indeterminate or Determinate Sentences. - sentences. The service of an indeterminate or determinate sentence of...

70.40 - Release on Parole; Conditional Release; Presumptive Release. - (i) A person who is serving one or more than...

70.45 - Determinate Sentence; Post-Release Supervision. - (a) such period shall be one year whenever a determinate...

70.70 - Sentence of Imprisonment for Felony Drug Offender Other Than a Class a Felony. - (a) "Felony drug offender" means a defendant who stands convicted...

70.71 - Sentence of Imprisonment for a Class a Felony Drug Offender. - (a) "Felony drug offender" means a defendant who stands convicted...

70.80 - Sentences of Imprisonment for Conviction of a Felony Sex Offense. - (b) A felony sex offense shall be deemed a "violent...

70.85 - Transitional Exception to Determinate Sentencing Laws. - This section shall apply only to cases in which a...

Article 80 - Fines

80.00 - Fine for Felony. - (i) for A-I felonies, one hundred thousand dollars; (ii) for...

80.05 - Fines for Misdemeanors and Violation. - 1. Class A misdemeanor. A sentence to pay a fine...

80.10 - Fines for Corporations. - (a) Ten thousand dollars, when the conviction is of a...

80.15 - Multiple Offenses. - Where a person is convicted of two or more offenses...

Article 85 - Sentence of Intermittent Imprisonment

85.00 - Sentence of Intermittent Imprisonment. - (a) the court is imposing sentence, upon a person other...

85.05 - Modification and Revocation of Sentences of Intermittent Imprisonment. - (a) the court is satisfied during the term of the...

85.10 - Commitment; Notifications; Warrants. - 1. Commitment. Commitment under a sentence of intermittent imprisonment and...

85.15 - Subsequent Sentences. - * 1. Indeterminate and determinate sentences. The service of an...

Part 3 - Specific Offenses

Title G - Anticipatory Offenses

Article 100 - Criminal Solicitation

100.00 - Criminal Solicitation in the Fifth Degree. - A person is guilty of criminal solicitation in the fifth...

100.05 - Criminal Solicitation in the Fourth Degree. - A person is guilty of criminal solicitation in the fourth...

100.08 - Criminal Solicitation in the Third Degree. - A person is guilty of criminal solicitation in the third...

100.10 - Criminal Solicitation in the Second Degree. - A person is guilty of criminal solicitation in the second...

100.13 - Criminal Solicitation in the First Degree. - A person is guilty of criminal solicitation in the first...

100.15 - Criminal Solicitation; No Defense. - It is no defense to a prosecution for criminal solicitation...

100.20 - Criminal Solicitation; Exemption. - A person is not guilty of criminal solicitation when his...

Article 105 - Conspiracy

105.00 - Conspiracy in the Sixth Degree. - A person is guilty of conspiracy in the sixth degree...

105.05 - Conspiracy in the Fifth Degree. - A person is guilty of conspiracy in the fifth degree...

105.10 - Conspiracy in the Fourth Degree. - A person is guilty of conspiracy in the fourth degree...

105.13 - Conspiracy in the Third Degree. - A person is guilty of conspiracy in the third degree...

105.15 - Conspiracy in the Second Degree. - A person is guilty of conspiracy in the second degree...

105.17 - Conspiracy in the First Degree. - A person is guilty of conspiracy in the first degree...

105.20 - Conspiracy; Pleading and Proof; Necessity of Overt Act. - A person shall not be convicted of conspiracy unless an...

105.25 - Conspiracy; Jurisdiction and Venue. - 1. A person may be prosecuted for conspiracy in the...

105.30 - Conspiracy; No Defense. - It is no defense to a prosecution for conspiracy that,...

105.35 - Conspiracy; Enterprise Corruption: Applicability. - For purposes of this article, conspiracy to commit the crime...

Article 110 - Attempt

110.00 - Attempt to Commit a Crime. - A person is guilty of an attempt to commit a...

110.05 - Attempt to Commit a Crime; Punishment. - An attempt to commit a crime is a: 1. Class...

110.10 - Attempt to Commit a Crime; No Defense. - If the conduct in which a person engages otherwise constitutes...

Article 115 - Criminal Facilitation

115.00 - Criminal Facilitation in the Fourth Degree. - A person is guilty of criminal facilitation in the fourth...

115.01 - Criminal Facilitation in the Third Degree. - A person guilty of criminal facilitation in the third degree,...

115.05 - Criminal Facilitation in the Second Degree. - A person is guilty of criminal facilitation in the second...

115.08 - Criminal Facilitation in the First Degree. - A person is guilty of criminal facilitation in the first...

115.10 - Criminal Facilitation; No Defense. - It is no defense to a prosecution for criminal facilitation...

115.15 - Criminal Facilitation; Corroboration. - A person shall not be convicted of criminal facilitation upon...

115.20 - Criminal Facilitation; Definitions and Construction. - For purposes of this article, such conduct shall include, but...

Title H - Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation

Article 120 - Assault and Related Offenses

120.00 - Assault in the Third Degree. - A person is guilty of assault in the third degree...

120.01 - Reckless Assault of a Child by a Child Day Care Provider. - A person is guilty of reckless assault of a child...

120.02 - Reckless Assault of a Child. - 1. A person is guilty of reckless assault of a...

120.03 - Vehicular Assault in the Second Degree. - (1) operates a motor vehicle in violation of subdivision two,...

120.04 - Vehicular Assault in the First Degree. - (1) commits such crime while operating a motor vehicle while...

120.04-A - Aggravated Vehicular Assault. - (1) commits such crimes while operating a motor vehicle while...

120.05 - Assault in the Second Degree. - (a) causes such injury to an employee of a school...

120.06 - Gang Assault in the Second Degree. - A person is guilty of gang assault in the second...

120.07 - Gang Assault in the First Degree. - A person is guilty of gang assault in the first...

120.08 - Assault on a Peace Officer, Police Officer, Firefighter or Emergency Medical Services Professional. - emergency medical services professional. A person is guilty of assault...

120.09 - Assault on a Judge. - A person is guilty of assault on a judge when,...

120.10 - Assault in the First Degree. - A person is guilty of assault in the first degree...

120.11 - Aggravated Assault Upon a Police Officer or a Peace Officer. - A person is guilty of aggravated assault upon a police...

120.12 - Aggravated Assault Upon a Person Less Than Eleven Years Old. - A person is guilty of aggravated assault upon a person...

120.13 - Menacing in the First Degree. - A person is guilty of menacing in the first degree...

120.14 - Menacing in the Second Degree. - A person is guilty of menacing in the second degree...

120.15 - Menacing in the Third Degree. - A person is guilty of menacing in the third degree...

120.16 - Hazing in the First Degree. - A person is guilty of hazing in the first degree...

120.17 - Hazing in the Second Degree. - A person is guilty of hazing in the second degree...

120.18 - Menacing a Police Officer or Peace Officer. - A person is guilty of menacing a police officer or...

120.20 - Reckless Endangerment in the Second Degree. - A person is guilty of reckless endangerment in the second...

120.25 - Reckless Endangerment in the First Degree. - A person is guilty of reckless endangerment in the first...

120.30 - Promoting a Suicide Attempt. - A person is guilty of promoting a suicide attempt when...

120.35 - Promoting a Suicide Attempt; When Punishable as Attempt to Commit Murder. - commit murder. A person who engages in conduct constituting both...

120.40 - Definitions. - For purposes of sections 120.45, 120.50, 120.55 and 120.60 of...

120.45 - Stalking in the Fourth Degree. - A person is guilty of stalking in the fourth degree...

120.50 - Stalking in the Third Degree. - A person is guilty of stalking in the third degree...

120.55 - Stalking in the Second Degree. - A person is guilty of stalking in the second degree...

120.60 - Stalking in the First Degree. - A person is guilty of stalking in the first degree...

120.70 - Luring a Child. - 1. A person is guilty of luring a child when...

Article 121 - Strangulation and Related Offenses

121.11 - Criminal Obstruction of Breathing or Blood Circulation. - A person is guilty of criminal obstruction of breathing or...

121.12 - Strangulation in the Second Degree. - A person is guilty of strangulation in the second degree...

121.13 - Strangulation in the First Degree. - A person is guilty of strangulation in the first degree...

121.13-A - Aggravated Strangulation. - A person is guilty of aggravated strangulation when, being a...

121.14 - Medical or Dental Purpose. - For purposes of section 121.11, 121.12, 121.13 or 121.13-a of...

Article 125 - Homicide and Related Offenses

125.00 - Homicide Defined. - Homicide means conduct which causes the death of a person...

125.05 - Homicide and Related Offenses; Definition. - The following definition is applicable to this article: "Person," when...

125.10 - Criminally Negligent Homicide. - A person is guilty of criminally negligent homicide when, with...

125.11 - Aggravated Criminally Negligent Homicide. - A person is guilty of aggravated criminally negligent homicide when,...

125.12 - Vehicular Manslaughter in the Second Degree. - (1) operates a motor vehicle in violation of subdivision two,...

125.13 - Vehicular Manslaughter in the First Degree. - (1) commits such crime while operating a motor vehicle while...

125.14 - Aggravated Vehicular Homicide. - (1) commits such crimes while operating a motor vehicle while...

125.15 - Manslaughter in the Second Degree. - A person is guilty of manslaughter in the second degree...

125.20 - Manslaughter in the First Degree. - A person is guilty of manslaughter in the first degree...

125.21 - Aggravated Manslaughter in the Second Degree. - A person is guilty of aggravated manslaughter in the second...

125.22 - Aggravated Manslaughter in the First Degree. - A person is guilty of aggravated manslaughter in the first...

125.25 - Murder in the Second Degree. - (a) (i) The defendant acted under the influence of extreme...

125.26 - Aggravated Murder. - (a) Either: (i) the intended victim was a police officer...

125.27 - Murder in the First Degree. - (a) Either: (i) the intended victim was a police officer...

Article 130 - Sex Offenses

130.00 - Sex Offenses; Definitions of Terms. - (b) "Anal sexual conduct" means conduct between persons consisting of...

130.05 - Sex Offenses; Lack of Consent. - (a) Forcible compulsion; or (b) Incapacity to consent; or (c)...

130.10 - Sex Offenses; Limitation; Defenses. - 1. In any prosecution under this article in which the...

130.16 - Sex Offenses; Corroboration. - (a) Establish that an attempt was made to engage the...

130.20 - Sexual Misconduct. - A person is guilty of sexual misconduct when: 1. He...

130.25 - Rape in the Third Degree. - A person is guilty of rape in the third degree...

130.30 - Rape in the Second Degree. - A person is guilty of rape in the second degree...

130.35 - Rape in the First Degree. - A person is guilty of rape in the first degree...

130.40 - Criminal Sexual Act in the Third Degree. - A person is guilty of criminal sexual act in the...

130.45 - Criminal Sexual Act in the Second Degree. - A person is guilty of criminal sexual act in the...

130.50 - Criminal Sexual Act in the First Degree. - A person is guilty of criminal sexual act in the...

130.52 - Forcible Touching. - A person is guilty of forcible touching when such person...

130.53 - Persistent Sexual Abuse. - A person is guilty of persistent sexual abuse when he...

130.55 - Sexual Abuse in the Third Degree. - A person is guilty of sexual abuse in the third...

130.60 - Sexual Abuse in the Second Degree. - A person is guilty of sexual abuse in the second...

130.65 - Sexual Abuse in the First Degree. - A person is guilty of sexual abuse in the first...

130.65-A - Aggravated Sexual Abuse in the Fourth Degree. - (a) He or she inserts a foreign object in the...

130.66 - Aggravated Sexual Abuse in the Third Degree. - (a) By forcible compulsion; or (b) When the other person...

130.67 - Aggravated Sexual Abuse in the Second Degree. - (a) By forcible compulsion; or (b) When the other person...

130.70 - Aggravated Sexual Abuse in the First Degree. - (a) By forcible compulsion; or (b) When the other person...

130.75 - Course of Sexual Conduct Against a Child in the First Degree. - (a) he or she engages in two or more acts...

130.80 - Course of Sexual Conduct Against a Child in the Second Degree. - (a) he or she engages in two or more acts...

130.85 - Female Genital Mutilation. - (a) a person knowingly circumcises, excises, or infibulates the whole...

130.90 - Facilitating a Sex Offense With a Controlled Substance. - A person is guilty of facilitating a sex offense with...

130.91 - Sexually Motivated Felony. - 1. A person commits a sexually motivated felony when he...

130.92 - Sentencing. - 1. When a person is convicted of a sexually motivated...

130.95 - Predatory Sexual Assault. - (a) Causes serious physical injury to the victim of such...

130.96 - Predatory Sexual Assault Against a Child. - A person is guilty of predatory sexual assault against a...

Article 135 - Kidnapping, Coercion and Related Offenses

135.00 - Unlawful Imprisonment, Kidnapping and Custodial Interference; Definitions of Terms. - definitions of terms. The following definitions are applicable to this...

135.05 - Unlawful Imprisonment in the Second Degree. - A person is guilty of unlawful imprisonment in the second...

135.10 - Unlawful Imprisonment in the First Degree. - A person is guilty of unlawful imprisonment in the first...

135.15 - Unlawful Imprisonment; Defense. - In any prosecution for unlawful imprisonment, it is an affirmative...

135.20 - Kidnapping in the Second Degree. - A person is guilty of kidnapping in the second degree...

135.25 - Kidnapping in the First Degree. - (a) Inflict physical injury upon him or violate or abuse...

135.30 - Kidnapping; Defense. - In any prosecution for kidnapping, it is an affirmative defense...

135.35 - Labor Trafficking. - (a) cause physical injury, serious physical injury, or death to...

135.36 - Labor Trafficking; Accomplice. - In a prosecution for labor trafficking, a person who has...

135.37 - Aggravated Labor Trafficking. - A person is guilty of aggravated labor trafficking if he...

135.45 - Custodial Interference in the Second Degree. - A person is guilty of custodial interference in the second...

135.50 - Custodial Interference in the First Degree. - A person is guilty of custodial interference in the first...

135.55 - Substitution of Children. - A person is guilty of substitution of children when, having...

135.60 - Coercion in the Third Degree. - A person is guilty of coercion in the third degree...

135.61 - Coercion in the Second Degree. - A person is guilty of coercion in the second degree...

135.65 - Coercion in the First Degree. - (a) Commit or attempt to commit a felony; or (b)...

135.70 - Coercion; No Defense. - The crimes of (a) coercion and attempt to commit coercion,...

135.75 - Coercion; Defense. - In any prosecution for coercion committed by instilling in the...

Title I - Offenses Involving Damage to and Intrusion Upon Property

Article 140 - Burglary and Related Offenses

140.00 - Criminal Trespass and Burglary; Definitions of Terms. - The following definitions are applicable to this article: 1. "Premises"...

140.05 - Trespass. - A person is guilty of trespass when he knowingly enters...

140.10 - Criminal Trespass in the Third Degree. - (a) which is fenced or otherwise enclosed in a manner...

140.15 - Criminal Trespass in the Second Degree. - A person is guilty of criminal trespass in the second...

140.17 - Criminal Trespass in the First Degree. - A person is guilty of criminal trespass in the first...

140.20 - Burglary in the Third Degree. - A person is guilty of burglary in the third degree...

140.25 - Burglary in the Second Degree. - (a) Is armed with explosives or a deadly weapon; or...

140.30 - Burglary in the First Degree. - A person is guilty of burglary in the first degree...

140.35 - Possession of Burglar's Tools. - A person is guilty of possession of burglar's tools when...

140.40 - Unlawful Possession of Radio Devices. - As used in this section, the term "radio device" means...

Article 145 - Criminal Mischief and Related Offenses

145.00 - Criminal Mischief in the Fourth Degree. - A person is guilty of criminal mischief in the fourth...

145.05 - Criminal Mischief in the Third Degree. - A person is guilty of criminal mischief in the third...

145.10 - Criminal Mischief in the Second Degree. - A person is guilty of criminal mischief in the second...

145.12 - Criminal Mischief in the First Degree. - A person is guilty of criminal mischief in the first...

145.13 - Definitions. - For the purposes of sections 145.00, 145.05, 145.10 and 145.12...

145.14 - Criminal Tampering in the Third Degree. - A person is guilty of criminal tampering in the third...

145.15 - Criminal Tampering in the Second Degree. - A person is guilty of criminal tampering in the second...

145.20 - Criminal Tampering in the First Degree. - A person is guilty of criminal tampering in the first...

145.22 - Cemetery Desecration in the Second Degree. - (b) with intent to steal personal property, he steals personal...

145.23 - Cemetery Desecration in the First Degree. - (a) damages any real or personal property maintained as a...

145.25 - Reckless Endangerment of Property. - A person is guilty of reckless endangerment of property when...

145.26 - Aggravated Cemetery Desecration in the Second Degree. - A person is guilty of aggravated cemetery desecration in the...

145.27 - Aggravated Cemetery Desecration in the First Degree. - A person is guilty of aggravated cemetery desecration in the...

145.30 - Unlawfully Posting Advertisements. - 1. A person is guilty of unlawfully posting advertisements when,...

145.35 - Tampering With a Consumer Product; Consumer Product Defined. - For the purposes of sections 145.40 and 145.45 of this...

145.40 - Tampering With a Consumer Product in the Second Degree. - A person is guilty of tampering with a consumer product...

145.45 - Tampering With a Consumer Product in the First Degree. - A person is guilty of tampering with a consumer product...

145.50 - Penalties for Littering on Railroad Tracks and Rights-of-Way. - 1. No person shall throw, dump, or cause to be...

145.60 - Making Graffiti. - 1. For purposes of this section, the term "graffiti" shall...

145.65 - Possession of Graffiti Instruments. - A person is guilty of possession of graffiti instruments when...

145.70 - Criminal Possession of a Taximeter Accelerating Device. - 1. For purposes of this section, a "taximeter" means an...

Article 150 - Arson

150.00 - Arson; Definitions. - As used in this article, 1. "Building", in addition to...

150.01 - Arson in the Fifth Degree. - § 150.01 Arson in the fifth degree. A person is...

150.05 - Arson in the Fourth Degree. - 1. A person is guilty of arson in the fourth...

150.10 - Arson in the Third Degree. - 1. A person is guilty of arson in the third...

150.15 - Arson in the Second Degree. - A person is guilty of arson in the second degree...

150.20 - Arson in the First Degree. - 1. A person is guilty of arson in the first...

Title J - Offenses Involving Theft

Article 155 - Larceny

155.00 - Larceny; Definitions of Terms. - The following definitions are applicable to this title: 1. "Property"...

155.05 - Larceny; Defined. - (a) By conduct heretofore defined or known as common law...

155.10 - Larceny; No Defense. - The crimes of (a) larceny committed by means of extortion...

155.15 - Larceny; Defenses. - 1. In any prosecution for larceny committed by trespassory taking...

155.20 - Larceny; Value of Stolen Property. - (a) The value of an instrument constituting an evidence of...

155.25 - Petit Larceny. - A person is guilty of petit larceny when he steals...

155.30 - Grand Larceny in the Fourth Degree. - (a) has a value of at least one hundred dollars;...

155.35 - Grand Larceny in the Third Degree. - A person is guilty of grand larceny in the third...

155.40 - Grand Larceny in the Second Degree. - A person is guilty of grand larceny in the second...

155.42 - Grand Larceny in the First Degree. - A person is guilty of grand larceny in the first...

155.43 - Aggravated Grand Larceny of an Automated Teller Machine. - A person is guilty of aggravated grand larceny of an...

155.45 - Larceny; Pleading and Proof. - 1. Where it is an element of the crime charged...

Article 156 - Offenses Involving Computers; Definition of Terms

156.00 - Offenses Involving Computers; Definition of Terms. - (a) contains records of the medical history or medical treatment...

156.05 - Unauthorized Use of a Computer. - A person is guilty of unauthorized use of a computer...

156.10 - Computer Trespass. - A person is guilty of computer trespass when he or...

156.20 - Computer Tampering in the Fourth Degree. - A person is guilty of computer tampering in the fourth...

156.25 - Computer Tampering in the Third Degree. - A person is guilty of computer tampering in the third...

156.26 - Computer Tampering in the Second Degree. - A person is guilty of computer tampering in the second...

156.27 - Computer Tampering in the First Degree. - A person is guilty of computer tampering in the first...

156.29 - Unlawful Duplication of Computer Related Material in the Second Degree. - degree. A person is guilty of unlawful duplication of computer...

156.30 - Unlawful Duplication of Computer Related Material in the First Degree. - degree. A person is guilty of unlawful duplication of computer...

156.35 - Criminal Possession of Computer Related Material. - A person is guilty of criminal possession of computer related...

156.40 - Operating an Unlawful Electronic Sweepstakes. - (a) "Electronic machine or device" means a mechanically, electrically or...

156.50 - Offenses Involving Computers; Defenses. - In any prosecution: 1. under section 156.05 or 156.10 of...

Article 158 - Welfare Fraud

158.00 - Definitions; Presumption; Limitation. - (a) "Public benefit card" means any medical assistance card, food...

158.05 - Welfare Fraud in the Fifth Degree. - A person is guilty of welfare fraud in the fifth...

158.10 - Welfare Fraud in the Fourth Degree. - A person is guilty of welfare fraud in the fourth...

158.15 - Welfare Fraud in the Third Degree. - A person is guilty of welfare fraud in the third...

158.20 - Welfare Fraud in the Second Degree. - A person is guilty of welfare fraud in the second...

158.25 - Welfare Fraud in the First Degree. - A person is guilty of welfare fraud in the first...

158.30 - Criminal Use of a Public Benefit Card in the Second Degree. - A person is guilty of criminal use of a public...

158.35 - Criminal Use of a Public Benefit Card in the First Degree. - A person is guilty of criminal use of a public...

158.40 - Criminal Possession of Public Benefit Cards in the Third Degree. - degree. A person is guilty of criminal possession of public...

158.45 - Criminal Possession of Public Benefit Cards in the Second Degree. - degree. A person is guilty of criminal possession of public...

158.50 - Criminal Possession of Public Benefit Cards in the First Degree. - degree. A person is guilty of criminal possession of public...

Article 160 - Robbery

160.00 - Robbery; Defined. - Robbery is forcible stealing. A person forcibly steals property and...

160.05 - Robbery in the Third Degree. - A person is guilty of robbery in the third degree...

160.10 - Robbery in the Second Degree. - (a) Causes physical injury to any person who is not...

160.15 - Robbery in the First Degree. - A person is guilty of robbery in the first degree...

Article 165 - Other Offenses Relating to Theft

165.00 - Misapplication of Property. - (a) he loans, leases, pledges, pawns or otherwise encumbers such...

165.05 - Unauthorized Use of a Vehicle in the Third Degree. - A person is guilty of unauthorized use of a vehicle...

165.06 - Unauthorized Use of a Vehicle in the Second Degree. - A person is guilty of unauthorized use of a vehicle...

165.07 - Unlawful Use of Secret Scientific Material. - A person is guilty of unlawful use of secret scientific...

165.08 - Unauthorized Use of a Vehicle in the First Degree. - A person is guilty of unauthorized use of a vehicle...

165.09 - Auto Stripping in the Third Degree. - A person is guilty of auto stripping in the third...

165.10 - Auto Stripping in the Second Degree. - A person is guilty of auto stripping in the second...

165.11 - Auto Stripping in the First Degree. - A person is guilty of auto stripping in the first...

165.15 - Theft of Services. - A person is guilty of theft of services when: 1....

165.16 - Unauthorized Sale of Certain Transportation Services. - (a) "farecard" means a value-based, magnetically encoded card containing stored...

165.17 - Unlawful Use of Credit Card, Debit Card or Public Benefit Card. - A person is guilty of unlawful use of credit card,...

165.20 - Fraudulently Obtaining a Signature. - A person is guilty of fraudulently obtaining a signature when,...

165.25 - Jostling. - A person is guilty of jostling when, in a public...

165.30 - Fraudulent Accosting. - 1. A person is guilty of fraudulent accosting when he...

165.35 - Fortune Telling. - A person is guilty of fortune telling when, for a...

165.40 - Criminal Possession of Stolen Property in the Fifth Degree. - A person is guilty of criminal possession of stolen property...

165.45 - Criminal Possession of Stolen Property in the Fourth Degree. - A person is guilty of criminal possession of stolen property...

165.50 - Criminal Possession of Stolen Property in the Third Degree. - A person is guilty of criminal possession of stolen property...

165.52 - Criminal Possession of Stolen Property in the Second Degree. - A person is guilty of criminal possession of stolen property...

165.54 - Criminal Possession of Stolen Property in the First Degree. - A person is guilty of criminal possession of stolen property...

165.55 - Criminal Possession of Stolen Property; Presumptions. - 1. A person who knowingly possesses stolen property is presumed...

165.60 - Criminal Possession of Stolen Property; No Defense. - In any prosecution for criminal possession of stolen property, it...

165.65 - Criminal Possession of Stolen Property; Corroboration. - 1. A person charged with criminal possession of stolen property...

165.70 - Definitions. - (a) used in connection with trafficking in goods; and (b)...

165.71 - Trademark Counterfeiting in the Third Degree. - A person is guilty of trademark counterfeiting in the third...

165.72 - Trademark Counterfeiting in the Second Degree. - A person is guilty of trademark counterfeiting in the second...

165.73 - Trademark Counterfeiting in the First Degree. - A person is guilty of trademark counterfeiting in the first...

165.74 - Seizure and Distribution or Destruction of Goods Bearing Counterfeit Trademarks. - counterfeit trademarks. Any goods manufactured, sold, offered for sale, distributed...

Title K - Offenses Involving Fraud

Article 170 - Forgery and Related Offenses

170.00 - Forgery; Definitions of Terms. - 1. "Written instrument" means any instrument or article, including computer...

170.05 - Forgery in the Third Degree. - A person is guilty of forgery in the third degree...

170.10 - Forgery in the Second Degree. - A person is guilty of forgery in the second degree...

170.15 - Forgery in the First Degree. - A person is guilty of forgery in the first degree...

170.20 - Criminal Possession of a Forged Instrument in the Third Degree. - A person is guilty of criminal possession of a forged...

170.25 - Criminal Possession of a Forged Instrument in the Second Degree. - degree. A person is guilty of criminal possession of a...

170.27 - Criminal Possession of a Forged Instrument in the Second Degree; Presumption. - degree; presumption. A person who possesses two or more forged...

170.30 - Criminal Possession of a Forged Instrument in the First Degree. - A person is guilty of criminal possession of a forged...

170.35 - Criminal Possession of a Forged Instrument; No Defense. - In any prosecution for criminal possession of a forged instrument,...

170.40 - Criminal Possession of Forgery Devices. - A person is guilty of criminal possession of forgery devices...

170.45 - Criminal Simulation. - A person is guilty of criminal simulation when: 1. With...

170.47 - Criminal Possession of an Anti-Security Item. - A person is guilty of criminal possession of an anti-security...

170.50 - Unlawfully Using Slugs; Definitions of Terms. - The following definitions are applicable to sections 170.55 and 170.60:...

170.55 - Unlawfully Using Slugs in the Second Degree. - A person is guilty of unlawfully using slugs in the...

170.60 - Unlawfully Using Slugs in the First Degree. - A person is guilty of unlawfully using slugs in the...

170.65 - Forgery of a Vehicle Identification Number. - (1) He knowingly destroys, covers, defaces, alters or otherwise changes...

170.70 - Illegal Possession of a Vehicle Identification Number. - (1) He knowingly possesses a vehicle identification number label, sticker...

170.71 - Illegal Possession of a Vehicle Identification Number; Presumptions. - (1) A person is presumed to knowingly possess a vehicle...

170.75 - Fraudulent Making of an Electronic Access Device in the Second Degree. - degree. A person is guilty of fraudulent making of an...

Article 175 - Offenses Involving False Written Statements

175.00 - Definitions of Terms. - The following definitions are applicable to this article: 1. "Enterprise"...

175.05 - Falsifying Business Records in the Second Degree. - A person is guilty of falsifying business records in the...

175.10 - Falsifying Business Records in the First Degree. - A person is guilty of falsifying business records in the...

175.15 - Falsifying Business Records; Defense. - In any prosecution for falsifying business records, it is an...

175.20 - Tampering With Public Records in the Second Degree. - A person is guilty of tampering with public records in...

175.25 - Tampering With Public Records in the First Degree. - A person is guilty of tampering with public records in...

175.30 - Offering a False Instrument for Filing in the Second Degree. - A person is guilty of offering a false instrument for...

175.35 - Offering a False Instrument for Filing in the First Degree. - (b) such instrument is a financing statement the contents of...

175.40 - Issuing a False Certificate. - A person is guilty of issuing a false certificate when,...

175.45 - Issuing a False Financial Statement. - A person is guilty of issuing a false financial statement...

Article 176 - Insurance Fraud

176.00 - Insurance Fraud; Definition of Terms. - (a) loss of or damage to real property used predominantly...

176.05 - Insurance Fraud; Defined. - (a) contain materially false information concerning any fact material thereto;...

176.10 - Insurance Fraud in the Fifth Degree. - A person is guilty of insurance fraud in the fifth...

176.15 - Insurance Fraud in the Fourth Degree. - A person is guilty of insurance fraud in the fourth...

176.20 - Insurance Fraud in the Third Degree. - A person is guilty of insurance fraud in the third...

176.25 - Insurance Fraud in the Second Degree. - A person is guilty of insurance fraud in the second...

176.30 - Insurance Fraud in the First Degree. - A person is guilty of insurance fraud in the first...

176.35 - Aggravated Insurance Fraud. - A person is guilty of aggravated insurance fraud in the...

176.40 - Fraudulent Life Settlement Act; Defined. - (1) contain materially false information concerning any material fact thereto;...

176.45 - Life Settlement Fraud in the Fifth Degree. - A person is guilty of life settlement fraud in the...

176.50 - Life Settlement Fraud in the Fourth Degree. - A person is guilty of life settlement fraud in the...

176.55 - Life Settlement Fraud in the Third Degree. - A person is guilty of life settlement fraud in the...

176.60 - Life Settlement Fraud in the Second Degree. - A person is guilty of life settlement fraud in the...

176.65 - Life Settlement Fraud in the First Degree. - A person is guilty of life settlement fraud in the...

176.70 - Aggravated Life Settlement Fraud. - A person is guilty of aggravated life settlement fraud when...

176.75 - Staging a Motor Vehicle Accident in the Second Degree. - A person is guilty of staging a motor vehicle accident...

176.80 - Staging a Motor Vehicle Accident in the First Degree. - A person is guilty of staging a motor vehicle accident...

Article 177 - Health Care Fraud

177.00 - Definitions. - The following definitions are applicable to this article: 1. "Health...

177.05 - Health Care Fraud in the Fifth Degree. - A person is guilty of health care fraud in the...

177.10 - Health Care Fraud in the Fourth Degree. - A person is guilty of health care fraud in the...

177.15 - Health Care Fraud in the Third Degree. - A person is guilty of health care fraud in the...

177.20 - Health Care Fraud in the Second Degree. - A person is guilty of health care fraud in the...

177.25 - Health Care Fraud in the First Degree. - A person is guilty of health care fraud in the...

177.30 - Health Care Fraud; Affirmative Defense. - In any prosecution under this article, it shall be an...

Article 178 - Criminal Diversion of Prescription Medications and Prescriptions

178.00 - Criminal Diversion of Prescription Medications and Prescriptions; Definitions. - (a) transfers or delivers, in exchange for anything of pecuniary...

178.05 - Criminal Diversion of Prescription Medications and Prescriptions; Limitation. - (a) a duly licensed physician or other person authorized to...

178.10 - Criminal Diversion of Prescription Medications and Prescriptions in the Fourth Degree. - prescriptions in the fourth degree. A person is guilty of...

178.15 - Criminal Diversion of Prescription Medications and Prescriptions in the Third Degree. - prescriptions in the third degree. A person is guilty of...

178.20 - Criminal Diversion of Prescription Medications and Prescriptions in the Second Degree. - prescriptions in the second degree. A person is guilty of...

178.25 - Criminal Diversion of Prescription Medications and Prescriptions in the First Degree. - prescriptions in the first degree. A person is guilty of...

178.26 - Fraud and Deceit Related to Controlled Substances. - (a) obtain or attempt to obtain a controlled substance, a...

Article 179 - Criminal Diversion of Medical Marihuana

179.00 - Criminal Diversion of Medical Cannabis; Definitions. - The following definitions are applicable to this article: 1. "Medical...

179.05 - Criminal Diversion of Medical Cannabis; Limitations. - The provisions of this article shall not apply to: 1....

179.10 - Criminal Diversion of Medical Cannabis in the First Degree. - A person is guilty of criminal diversion of medical cannabis...

179.11 - Criminal Diversion of Medical Cannabis in the Second Degree. - A person is guilty of criminal diversion of medical cannabis...

179.15 - Criminal Retention of Medical Cannabis. - A person is guilty of criminal retention of medical cannabis...

Article 180 - Bribery Not Involving Public Servants, and Related Offenses

180.00 - Commercial Bribing in the Second Degree. - A person is guilty of commercial bribing in the second...

180.03 - Commercial Bribing in the First Degree. - A person is guilty of commercial bribing in the first...

180.05 - Commercial Bribe Receiving in the Second Degree. - An employee, agent or fiduciary is guilty of commercial bribe...

180.08 - Commercial Bribe Receiving in the First Degree. - An employee, agent or fiduciary is guilty of commercial bribe...

180.10 - Bribery of Labor Official; Definition of Term. - As used in this article, "labor official" means any duly...

180.15 - Bribing a Labor Official. - A person is guilty of bribing a labor official when,...

180.20 - Bribing a Labor Official; Defense. - In any prosecution for bribing a labor official, it is...

180.25 - Bribe Receiving by a Labor Official. - A labor official is guilty of bribe receiving by a...

180.30 - Bribe Receiving by a Labor Official; No Defense. - The crimes of (a) bribe receiving by a labor official,...

180.35 - Sports Bribery and Tampering; Definitions of Terms. - As used in this article: 1. "Sports contest" means any...

180.40 - Sports Bribing. - A person is guilty of sports bribing when he: 1....

180.45 - Sports Bribe Receiving. - A person is guilty of sports bribe receiving when: 1....

180.50 - Tampering With a Sports Contest in the Second Degree. - A person is guilty of tampering with a sports contest...

180.51 - Tampering With a Sports Contest in the First Degree. - A person is guilty of tampering with a sports contest...

180.52 - Impairing the Integrity of a Pari-Mutuel Betting System in the Second Degree. - second degree. A person is guilty of impairing the integrity...

180.53 - Impairing the Integrity of a Pari-Mutuel Betting System in the First Degree. - § 180.53 Impairing the integrity of a pari-mutuel betting system...

180.54 - Rent Gouging; Definition of Term. - As used in this article, "lawful rental and other lawful...

180.55 - Rent Gouging in the Third Degree. - A person is guilty of rent gouging in the third...

180.56 - Rent Gouging in the Second Degree. - A person is guilty of rent gouging in the second...

180.57 - Rent Gouging in the First Degree. - A person is guilty of rent gouging in the first...

Article 185 - Frauds on Creditors

185.00 - Fraud in Insolvency. - (a) conveys, transfers, removes, conceals, destroys, encumbers or otherwise disposes...

185.05 - Fraud Involving a Security Interest. - A person is guilty of fraud involving a security interest...

185.10 - Fraudulent Disposition of Mortgaged Property. - A person is guilty of fraudulent disposition of mortgaged property...

185.15 - Fraudulent Disposition of Property Subject to a Conditional Sale Contract. - sale contract. A person is guilty of fraudulent disposition of...

Article 187 - Residential Mortgage Fraud

187.00 - Definitions. - (a) contains materially false information concerning any fact material thereto;...

187.01 - Limitation on Prosecution. - No individual who applies for a residential mortgage loan and...

187.05 - Residential Mortgage Fraud in the Fifth Degree. - A person is guilty of residential mortgage fraud in the...

187.10 - Residential Mortgage Fraud in the Fourth Degree. - A person is guilty of residential mortgage fraud in the...

187.15 - Residential Mortgage Fraud in the Third Degree. - A person is guilty of residential mortgage fraud in the...

187.20 - Residential Mortgage Fraud in the Second Degree. - A person is guilty of residential mortgage fraud in the...

187.25 - Residential Mortgage Fraud in the First Degree. - A person is guilty of residential mortgage fraud in the...

Article 190 - Other Frauds

190.00 - Issuing a Bad Check; Definitions of Terms. - The following definitions are applicable to this article: 1. "Check"...

190.05 - Issuing a Bad Check. - A person is guilty of issuing a bad check when:...

190.10 - Issuing a Bad Check; Presumptions. - (a) The drawer had no account with the drawee at...

190.15 - Issuing a Bad Check; Defenses. - In any prosecution for issuing a bad check, it is...

190.20 - False Advertising. - A person is guilty of false advertising when, with intent...

190.23 - False Personation. - A person is guilty of false personation when after being...

190.25 - Criminal Impersonation in the Second Degree. - A person is guilty of criminal impersonation in the second...

190.26 - Criminal Impersonation in the First Degree. - A person is guilty of criminal impersonation in the first...

190.27 - Criminal Sale of a Police Uniform. - A person is guilty of criminal sale of a police...

190.30 - Unlawfully Concealing a Will. - A person is guilty of unlawfully concealing a will when,...

190.35 - Misconduct by Corporate Official. - (a) To make a dividend except in the manner provided...

190.40 - Criminal Usury in the Second Degree. - A person is guilty of criminal usury in the second...

190.42 - Criminal Usury in the First Degree. - A person is guilty of criminal usury in the first...

190.45 - Possession of Usurious Loan Records. - A person is guilty of possession of usurious loan records...

190.50 - Unlawful Collection Practices. - A person is guilty of unlawful collection practices when, with...

190.55 - Making a False Statement of Credit Terms. - A person is guilty of making a false statement of...

190.60 - Scheme to Defraud in the Second Degree. - 1. A person is guilty of a scheme to defraud...

190.65 - Scheme to Defraud in the First Degree. - 1. A person is guilty of a scheme to defraud...

190.70 - Scheme to Defraud the State by Unlawfully Selling Prescriptions. - prescriptions. A person is guilty of a scheme to defraud...

190.72 - Unauthorized Radio Transmission. - A person is guilty of an unauthorized radio transmission when...

190.75 - Criminal Use of an Access Device in the Second Degree. - A person is guilty of criminal use of an access...

190.76 - Criminal Use of an Access Device in the First Degree. - § 190.76 Criminal use of an access device in the...

190.77 - Offenses Involving Theft of Identity; Definitions. - 1. For the purposes of sections 190.78, 190.79, 190.80 and...

190.78 - Identity Theft in the Third Degree. - A person is guilty of identity theft in the third...

190.79 - Identity Theft in the Second Degree. - A person is guilty of identify theft in the second...

190.80 - Identity Theft in the First Degree. - A person is guilty of identity theft in the first...

190.80-A - Aggravated Identity Theft. - A person is guilty of aggravated identity theft when he...

190.81 - Unlawful Possession of Personal Identification Information in the Third Degree. - the third degree. A person is guilty of unlawful possession...

190.82 - Unlawful Possession of Personal Identification Information in the Second Degree. - the second degree. A person is guilty of unlawful possession...

190.83 - Unlawful Possession of Personal Identification Information in the First Degree. - (a) he or she supervises more than two accomplices, and...

190.84 - Defenses. - In any prosecution for identity theft or unlawful possession of...

190.85 - Unlawful Possession of a Skimmer Device in the Second Degree. - 1. A person is guilty of unlawful possession of a...

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New York Laws PEN - Penal

New York Laws
PEN - Penal