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NEW YORK PENAL
PEN

Last update: 2011-11-13


  • Part 1. General Provisions
    • Title A. General Purposes, Rules of Construction, and Definitions
      • Article 1. General Purposes 1.00 - 1.05
      • Article 5. General Rules of Construction and Application 5.00 - 5.10
      • Article 10. Definitions 10.00
    • Title B. Principles of Criminal Liability
      • Article 15. Culpability 15.00 - 15.25
      • Article 20. Parties to Offenses and Liability Through Accessorial Conduct 20.00 - 20.25
    • Title C. Defenses
      • Article 25. Defenses in General 25.00
      • Article 30. Defense of Infancy 30.00
      • Article 35. Defense of Justification 35.00 - 35.30
      • Article 40. Other Defenses Involving Lack of Culpability 40.00 - 40.15
  • Part 2. Sentences
    • Title E. Sentences
      • Article 55. Classification and Designation of Offenses 55.00 - 55.10
      • Article 60. Authorized Dispositions of Offenders 60.00 - 60.37
      • Article 65. Sentences of Probation, Conditional Discharge and Unconditional Discharge 65.00 - 65.20
      • Article 70. Sentences of Imprisonment 70.00 - 70.85
      • Article 80. Fines 80.00 - 80.15
      • Article 85. Sentence of Intermittent Imprisonment 85.00 - 85.15
  • Part 3. Specific Offenses
    • Title G. Anticipatory Offenses
      • Article 100. Criminal Solicitation 100.00 - 100.20
      • Article 105. Conspiracy 105.00 - 105.35
      • Article 110. Attempt 110.00 - 110.10
      • Article 115. Criminal Facilitation 115.00 - 115.15
    • Title H. Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation
      • Article 120. Assault and Related Offenses 120.00 - 120.70
      • Article 121. Strangulation and Related Offenses 121.11 - 121.14
      • Article 125. Homicide, Abortion and Related Offenses 125.00 - 125.60
      • Article 130. Sex Offenses 130.00 - 130.96
      • Article 135. Kidnapping, Coercion and Related Offenses 135.00 - 135.75
    • Title I. Offenses Involving Damage to and Intrusion Upon Property
      • Article 140. Burglary and Related Offenses 140.00 - 140.40
      • Article 145. Criminal Mischief and Related Offenses 145.00 - 145.70
      • Article 150. Arson 150.00 - 150.20
    • Title J. Offenses Involving Theft
      • Article 155. Larceny 155.00 - 155.45
      • Article 156. Offenses Involving Computers; Definition of Terms 156.00 - 156.50
      • Article 158. Welfare Fraud 158.00 - 158.50
      • Article 160. Robbery 160.00 - 160.15
      • Article 165. Other Offenses Relating to Theft 165.00 - 165.74
    • Title K. Offenses Involving Fraud
      • Article 170. Forgery and Related Offenses 170.00 - 170.75
      • Article 175. Offenses Involving False Written Statements 175.00 - 175.45
      • Article 176. Insurance Fraud 176.00 - 176.70
      • Article 177. Health Care Fraud 177.00 - 177.30
      • Article 178. Criminal Diversion of Prescription Medications and Prescriptions 178.00 - 178.25
      • Article 180. Bribery Not Involving Public Servants, and Related Offenses 180.00 - 180.57
      • Article 185. Frauds on Creditors 185.00 - 185.15
      • Article 187. Residential Mortgage Fraud 187.00 - 187.25
      • Article 190. Other Frauds 190.00 - 190.86
    • Title L. Offenses Against Public Administration
      • Article 195. Official Misconduct and Obstruction of Public Servants Generally 195.00 - 195.20
      • Article 200. Bribery Involving Public Servants and Related Offenses 200.00 - 200.55
      • Article 205. Escape and other Offenses Relating to Custody 205.00 - 205.65
      • Article 210. Perjury and Related Offenses 210.00 - 210.50
      • Article 215. Other Offenses Relating to Judicial and other Proceedings 215.00 - 215.80
    • Title M. Offenses Against Public Health and Morals
      • Article 220. Controlled Substances Offenses 220.00 - 220.78
      • Article 221. Offenses Involving Marihuana 221.00 - 221.55
      • Article 225. Gambling Offenses 225.00 - 225.40
      • Article 230. Prostitution Offenses 230.00 - 230.40
      • Article 235. Obscenity and Related Offenses 235.00 - 235.24
    • Title N. Offenses Against Public Order, Public Sensibilities and the Right to Privacy
      • Article 240. Offenses Against Public Order 240.00 - 240.73
      • Article 241. Harassment of Rent Regulated Tenants. Repeal Date: 06/16/2015. 241.00 - 241.05
      • Article 242. Offenses Against Service Animals and Handlers 242.00 - 242.15
      • Article 245. Offenses Against Public Sensibilities 245.00 - 245.11
      • Article 250. Offenses Against the Right to Privacy 250.00 - 250.65
    • Title O. Offenses Against Marriage, the Family, and the Welfare of Children and Incompetents
      • Article 255. Offenses Affecting the Marital Relationship 255.00 - 255.30
      • Article 260. Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons 260.00 - 260.34
      • Article 263. Sexual Performance by a Child 263.00 - 263.30
    • Title P. Offenses Against Public Safety
      • Article 265. Firearms and other Dangerous Weapons 265.00 - 265.40
      • Article 270. Other Offenses Relating to Public Safety 270.00 - 270.35
      • Article 275. Offenses Relating to Unauthorized Recording 275.00 - 275.45
  • Part 4. Administrative Provisions
    • Title W. Provisions Relating to Firearms, Fireworks, Pornography Equipment and Vehicles Used in the Transportation of Gambling Records
      • Article 400. Licensing and other Provisions Relating to Firearms 400.00 - 400.10
      • Article 405. Licensing and other Provisions Relating to Fireworks 405.00 - 405.18
      • Article 410. Seizure and Forfeiture of Equipment Used in Promoting Pornography 410.00
      • Article 415. Seizure and Forfeiture of Vehicles, Vessels and Aircraft Used to Transport or Conceal Gambling Records 415.00
      • Article 420. Seizure and Destruction of Unauthorized Recordings of Sound and Forfeiture of Equipment Used in the Production Thereof 420.00 - 420.05
      • Article 450. Disposal of Stolen Property 450.10
    • Title X. Organized Crime Control Act
      • Article 460. Enterprise Corruption 460.00 - 460.80
      • Article 470. Money Laundering 470.00 - 470.25
      • Article 480. Criminal Forfeiture - Felony Controlled Substance Offenses 480.00 - 480.35
    • Title Y. Hate Crimes Act of 2000
      • Article 485. Hate Crimes 485.00 - 485.10
    • Title Y-1. Enacted Without Title Heading.
      • Article 490. Terrorism 490.00 - 490.70
    • Title Z. Laws Repealed; Time of Taking Effect
      • Article 500. Laws Repealed; Time of Taking Effect 500.05 - 500.10

Part 1
General Provisions

Title A
General Purposes, Rules of Construction, and Definitions

Article 1
General Purposes

Section 1.00. Short title.

This chapter shall be known as the "Penal Law. "

Section 1.05. General purposes.

The general purposes of the provisions of this chapter are:

1. To proscribe conduct which unjustifiably and inexcusably causes or threatens substantial harm to individual or public interests;

2. To give fair warning of the nature of the conduct proscribed and of the sentences authorized upon conviction;

3. To define the act or omission and the accompanying mental state which constitute each offense;

4. To differentiate on reasonable grounds between serious and minor offenses and to prescribe proportionate penalties therefor;

5. To provide for an appropriate public response to particular offenses, including consideration of the consequences of the offense for the victim, including the victim's family, and the community; and

6. To insure the public safety by preventing the commission of offenses through the deterrent influence of the sentences authorized, the rehabilitation of those convicted, the promotion of their successful and productive reentry and reintegration into society, and their confinement when required in the interests of public protection.

Article 5
General Rules of Construction and Application

Section 5.00. Penal law not strictly construed.

The general rule that a penal statute is to be strictly construed does not apply to this chapter, but the provisions herein must be construed according to the fair import of their terms to promote justice and effect the objects of the law.

Section 5.05. Application of chapter to offenses committed before and after enactment.

1. The provisions of this chapter shall govern the construction of and punishment for any offense defined in this chapter and committed after the effective date hereof, as well as the construction and application of any defense to a prosecution for such an offense.

2. Unless otherwise expressly provided, or unless the context otherwise requires, the provisions of this chapter shall govern the construction of and punishment for any offense defined outside of this chapter and committed after the effective date thereof, as well as the construction and application of any defense to a prosecution for such an offense.

3. The provisions of this chapter do not apply to or govern the construction of and punishment for any offense committed prior to the effective date of this chapter, or the construction and application of any defense to a prosecution for such an offense. Such an offense must be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if this chapter had not been enacted.

Section 5.10. Other limitations on applicability of this chapter.

1. Except as otherwise provided, the procedure governing the accusation, prosecution, conviction and punishment of offenders and offenses is not regulated by this chapter but by the criminal procedure law.

2. This chapter does not affect any power conferred by law upon any court-martial or other military authority or officer to prosecute and punish conduct and offenders violating military codes or laws.

3. This chapter does not bar, suspend, or otherwise affect any right or liability to damages, penalty, forfeiture or other remedy authorized by law to be recovered or enforced in a civil action, regardless of whether the conduct involved in such civil action constitutes an offense defined in this chapter.

4. Sections 120.45, 120.50, 120.55, 120.60 and 240.25, subdivisions two and three of section 240.26, and sections 240.70 and 240.71 of this chapter (a) do not apply to conduct which is otherwise lawful under the provisions of the National Labor Relations Act as amended, the National Railway Labor Act as amended, or the Federal Employment Labor Management Act as amended, and (b) do not bar any conduct, including, but not limited to, peaceful picketing or other peaceful demonstration, protected from legal prohibition by the federal and state constitutions.

Article 10
Definitions

Section 10.00. Definitions of terms of general use in this chapter.

Except where different meanings are expressly specified in subsequent provisions of this chapter, the following terms have the following meanings:

1. "Offense" means conduct for which a sentence to a term of imprisonment or to a fine is provided by any law of this state or by any law, local law or ordinance of a political subdivision of this state, or by any order, rule or regulation of any governmental instrumentality authorized by law to adopt the same.

2. "Traffic infraction" means any offense defined as "traffic infraction" by section one hundred fifty-five of the vehicle and traffic law.

3. "Violation" means an offense, other than a "traffic infraction, " for which a sentence to a term of imprisonment in excess of fifteen days cannot be imposed.

4. "Misdemeanor" means an offense, other than a "traffic infraction, " for which a sentence to a term of imprisonment in excess of fifteen days may be imposed, but for which a sentence to a term of imprisonment in excess of one year cannot be imposed.

5. "Felony" means an offense for which a sentence to a term of imprisonment in excess of one year may be imposed.

6. "Crime" means a misdemeanor or a felony.

7. "Person" means a human being, and where appropriate, a public or private corporation, an unincorporated association, a partnership, a government or a governmental instrumentality.

8. "Possess" means to have physical possession or otherwise to exercise dominion or control over tangible property.

9. "Physical injury" means impairment of physical condition or substantial pain.

10. "Serious physical injury" means physical injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.

11. "Deadly physical force" means physical force which, under the circumstances in which it is used, is readily capable of causing death or other serious physical injury.

12. "Deadly weapon" means any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged, or a switchblade knife, gravity knife, pilum ballistic knife, metal knuckle knife, dagger, billy, blackjack, plastic knuckles, or metal knuckles.

13. "Dangerous instrument" means any instrument, article or substance, including a "vehicle" as that term is defined in this section, which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or other serious physical injury.

14. "Vehicle" means a "motor vehicle", "trailer" or "semi-trailer," as defined in the vehicle and traffic law, any snowmobile as defined in the parks and recreation law, any aircraft, or any vessel equipped for propulsion by mechanical means or by sail.

15. "Public servant" means (a) any public officer or employee of the state or of any political subdivision thereof or of any governmental instrumentality within the state, or (b) any person exercising the functions of any such public officer or employee. The term public servant includes a person who has been elected or designated to become a public servant.

16. "Juror" means any person who is a member of any jury, including a grand jury, impaneled by any court in this state or by any public servant authorized by law to impanel a jury. The term juror also includes a person who has been drawn or summoned to attend as a prospective juror.

17. "Benefit" means any gain or advantage to the beneficiary and includes any gain or advantage to a third person pursuant to the desire or consent of the beneficiary.

18. "Juvenile offender" means (1) a person thirteen years old who is criminally responsible for acts constituting murder in the second degree as defined in subdivisions one and two of section 125.25 of this chapter or such conduct as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law; and

(2) a person fourteen or fifteen years old who is criminally responsible for acts constituting the crimes defined in subdivisions one and two of section 125.25 (murder in the second degree) and in subdivision three of such section provided that the underlying crime for the murder charge is one for which such person is criminally responsible; section 135.25 (kidnapping in the first degree); 150.20 (arson in the first degree); subdivisions one and two of section 120.10 (assault in the first degree); 125.20 (manslaughter in the first degree); subdivisions one and two of section 130.35 (rape in the first degree); subdivisions one and two of section 130.50 (criminal sexual act in the first degree); 130.70 (aggravated sexual abuse in the first degree); 140.30 (burglary in the first degree); subdivision one of section 140.25 (burglary in the second degree); 150.15 (arson in the second degree); 160.15 (robbery in the first degree); subdivision two of section 160.10 (robbery in the second degree) of this chapter; or section 265.03 of this chapter, where such machine gun or such firearm is possessed on school grounds, as that phrase is defined in subdivision fourteen of section 220.00 of this chapter; or defined in this chapter as an attempt to commit murder in the second degree or kidnapping in the first degree, or such conduct as a sexually motivated felony, where authorized pursuant to section 130.91 of the penal law.

19. For the purposes of section 260.30 and 120.01 of this chapter the term "child day care provider" shall be defined as provided for in section three hundred ninety of the social services law.

20. For purposes of sections 120.13, 120.18, 125.11, 125.21 and 125.22 of this chapter, the term "peace officer" means a peace officer as defined in subdivision one, two, three, four, six, twelve, thirteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-three, twenty-three-a, twenty-four, twenty-five, twenty-six, twenty-eight, twenty-nine, thirty, thirty-one, thirty-two, thirty-four, thirty-five, thirty-six, forty-three, forty-five, forty-seven, forty-eight, forty-nine, fifty-one, fifty-two, fifty-eight, sixty-one, as added by chapter two hundred fifty-seven of the laws of nineteen hundred ninety-two, sixty-one, as added by chapter three hundred twenty-one of the laws of nineteen hundred ninety-two, sixty-two, as added by chapter two hundred four of the laws of nineteen hundred ninety-three, sixty-two, as added by chapter six hundred eighty-seven of the laws of nineteen hundred ninety-three, sixty-three, as amended by chapter six hundred thirty-eight of the laws of two thousand three, sixty-four, sixty-five, sixty-eight, as added by chapter one hundred sixty-eight of the laws of two thousand, sixty-eight, as added by chapter three hundred eighty-one of the laws of two thousand, seventy, seventy-one, seventy-four, as added by chapter five hundred forty-eight of the laws of two thousand one, seventy-five, as added by chapter three hundred twenty-one of the laws of two thousand two, seventy-five, as added by chapter six hundred twenty-three of the laws of two thousand two, seventy-seven, as added by chapter three hundred sixty-seven of the laws of two thousand four, seventy-eight or seventy-nine, as added by chapter two hundred forty-one of the laws of two thousand four, of section 2.10 of the criminal procedure law, as well as any federal law enforcement officer defined in section 2.15 of the criminal procedure law.

Title B
Principles of Criminal Liability

Article 15
Culpability

Section 15.00. Culpability; definitions of terms.

The following definitions are applicable to this chapter:

1. "Act" means a bodily movement.

2. "Voluntary act" means a bodily movement performed consciously as a result of effort or determination, and includes the possession of property if the actor was aware of his physical possession or control thereof for a sufficient period to have been able to terminate it.

3. "Omission" means a failure to perform an act as to which a duty of performance is imposed by law.

4. "Conduct" means an act or omission and its accompanying mental state.

5. "To act" means either to perform an act or to omit to perform an act.

6. "Culpable mental state" means "intentionally" or "knowingly" or "recklessly" or with "criminal negligence," as these terms are defined in section 15.05.

Section 15.05. Culpability; definitions of culpable mental states.

The following definitions are applicable to this chapter:

1. "Intentionally." A person acts intentionally with respect to a result or to conduct described by a statute defining an offense when his conscious objective is to cause such result or to engage in such conduct.

2. "Knowingly." A person acts knowingly with respect to conduct or to a circumstance described by a statute defining an offense when he is aware that his conduct is of such nature or that such circumstance exists.

3. "Recklessly." A person acts recklessly with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware thereof solely by reason of voluntary intoxication also acts recklessly with respect thereto.

4. "Criminal negligence." A person acts with criminal negligence with respect to a result or to a circumstance described by a statute defining an offense when he fails to perceive a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.