penal law2

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AFFIRMATIVE DEFENSES Larceny by ——— - Property was taken under a "claim of right" made in good faith.

Embezzlement

———— Threat to Accuse of Crime - The defendant reasonably believed threatened charge to be true. Sole purpose to make good the wrong of the threatened charge.

Extortion

DETERMINING THE —— OF PROPERTY -- Generally: - Market value, OR - Replacement cost, OR if value cannot be determined - L.T. $250. -- Special Rules: - Ticket - The value stated thereon. If not stated, then the price charged to the general public. - Check/Note - The amount due or collectible thereon. - Gas, steam, water or electricity - the value stolen in any 12-month consecutive period.

VALUE

——- is the forcible stealing of property. Be sure to know what stealing means as per Article 155. Robbery occurs when, in the course of committing a Larceny, a person threatens the immediate use of physical force to: 1. PREVENT (overcome resistance) to the taking or to the retention thereof thereof immediately after the taking, OR 2. COMPELLING the delivery of the property or other conduct which aids in the commission of the larceny.

Robbery

-- The forcible stealing of property.

160.05 ROBBERY 3RD DEGREE - D FELONY

- Forcible stealing PLUS any one of: M = MOTOR VEHICLE (as proceeds) A = AIDED BY ANOTHER ACTUALLY PRESENT I = INJURY (physical injury to non-participant) * D = DISPLAY (what appears to be a gun) 1. aid to the defendant by a person actually present, or 2. if in the course of the robbery, or in immediate flight therefrom, physical injury is caused to a non-participant by the defendant or another participant in the robbery, or 3. if in the course of the robbery, or in immediate flight therefrom, the defendant or another participant in the robbery displays what appears to be a pistol, revolver, rifle, shotgun, machine gun, or other firearm.

160.10 ROBBERY 2ND DEGREE - C FELONY

-- Forcible stealing PLUS any one of: A = ARMED (with a deadly weapon) I = INSTRUMENT (dangerous instrument used or threatened) * D = DISPLAY (what appears to be a gun) S = S.P.I. (to non-participant)

160.15 ROBBERY 1ST DEGREE - B FELONY

AFFIRMATIVE DEFENSE TO ——- 1ST DEGREE If the gun was not a loaded working gun and the defendant was able to prove it by a preponderance of the evidence, he would be not guilty of Robbery 1st Degree and instead be guilty of Robbery 2nd Degree. That is the reason for the overlap in the statute.

ROBBERY

Any instrument or article including computer data or program containing written or printed matter used for conveying information or value capable of being used for the advantage or disadvantage of some person.

WRITTEN INSTRUMENT

are mirror offenses. Forgery involves falsely making, completing, or altering a written instrument (see 170.00, subds. 4, 5, 6) and C.P.F.I. involves knowingly possessing a forged instrument with unlawful intent.

Forgery and Criminal Possession of a Forged Instrument (C.P.F.I.) 3RD DEGREE - A MISDEMEANOR

Instrument (C.P.F.I.) are mirror completing, or altering a written C.P.F.I. involves knowingly possessing Use the P.T.S. code word DR-POT: Deeds, Wills, codicils, contracts, etc. Record (public) Prescription Official government instruments Things useable in place of money for goods and services (checks, debit/credit cards)

170.10 FORGERY 2ND DEGREE - D FELONY 170.25 C.P.F.I. 2ND DEGREE - D FELONY

Money, stamps, etc., OR Corporate stocks, bonds, etc. A person may not be convicted of both Forgery and C.P.F.I. with respect to the same written instrument. (He can be arrested for both but the prosecutor must pick one. Compare this with Larceny and C.P.S.P.)

170.15 FORGERY 1ST DEGREE - C FELONY 170.30 C.P.F.I. 1ST DEGREE - C FELONY

A person who possesses 2 or more forged credit/debit cards.

170.27 C.P.F.I. PRESUMPTION OF KNOWLEDGE/INTENT TO DEFRAUD

CRIMINAL POSSESSION OF FORGERY DEVICES Know that it is a D Felony and therefore not eligible for an Appearance Ticket.

170.40 CRIMINAL POSSESSION OF FORGERY DEVICES - D FELONY

With intent to defraud, etc., someone makes or alters any object that appears to have antiquity, rarity, source or authorship which it does not possess. Think of a fake Rembrandt painting or maybe fake Cuban cigars. (Compare this with Trademark Counterfeiting.) The examiners have been into this many times.

170.45 CRIMINAL SIMULATION - A MISDEMEANOR

With intent to steal property at a retail establishment knowingly possess same in such establishment designed for the purpose of overcoming security devices. Think tin-foil lined bag that can defeat the security system at the door of a department store. Compare this with Burglar's Tools which is an A Misdemeanor.

170.47 CRIMINAL POSSESSION OF AN ANTI-SECURITY ITEM - B MISDEMEANOR

Insert/deposit, possess or make slugs with unlawful intent.

170.55 UNLAWFULLY USING SLUGS 2ND DEGREE - B MISDEMEANOR

Slug value M.T. $100.170.60 UNLAWFULLY USING SLUGS 1ST DEGREE - E FELONY Slug value M.T. $100.

170.60 UNLAWFULLY USING SLUGS 1ST DEGREE - E FELONY

FORGERY OF A V.I.N.

170.65 FORGERY OF A V.I.N. - E FELONY

ILLEGAL POSSESSION OF A V.I.N.

170.70 ILLEGAL POSSESSION OF A V.I.N. - E FELONY

. - PRESUMPTION OF KNOWLEDGE Possess any combination of 5 vehicles or parts of vehicles which V.I.N. has been destroyed, altered, covered, removed, etc., or not affixed properly.

170.71 ILLEGAL POSSESSION OF A V.I.N

FRAUDULENT MAKING OF AN ELECTRONIC ACCESS DEVICE There is no first degree offense.

170.75 FRAUDULENT MAKING OF AN ELECTRONIC ACCESS DEVICE 2ND DEGREE - D FELONY

A public servant with intent to obtain a benefit or deprive another of a benefit: 1) Commits an act relating to office, knowingly constituting an unauthorized act, OR 2) Knowingly refrain from performing a duty imposed by law or inherent in his office. This is a heavy duty offense though only a Class A Misdemeanor. If convicted of Official Misconduct, a public servant must be removed from office and may not again hold public office. On its face the statute is broad in its application (see Defined Terms PUBLIC SERVANT and BENEFIT). However, it is laden with elements which make it tricky to apply in practice. The examiners have been into this with increasing frequency: -- A cop who dumps evidence to get a date with a female defendant would be guilty of Official Misconduct. -- A police officer who intentionally fails to arraign a prisoner with reasonable promptness is guilty of Official Misconduct.

195.00 OFFICIAL MISCONDUCT - A MISDEMEANOR

INTENTIONALLY CONCEAL A HUMAN CORPSE KNOWING THAT IT COULD BE NEEDED AS EVIDENCE.

195.02 CONCEALMENT OF A HUMAN CORPSE – E FELONY

IMPAIR OR PERVERT THE ADMINISTRATION OF LAW, ETC., BY MEANS OF INTIMIDATION, PHYSICAL FORCE, INTERFERENCE, ETC., OR BY INTERFERING WITH OFFICIAL TELE- COMMUNICATIONS, ETC. OR BY RELEASING DANGEROUS ANIMAL.

195.05 OBSTRUCTING GOVERNMENTAL ADMINISTRATION 2ND DEGREE - A MISDEMEANOR

IMPAIR OR PERVERT THE ADMINISTRATION OF LAW, ETC., AS ABOVE RE: TELECOMMUNICATIONS, ETC., BUT SERIOUS PHYSICAL INJURY IS CAUSED; e.g., FALSE ALARM - FIREMAN SERIOUSLY INJURED.

195.07 OBSTRUCTING GOVERNMENTAL ADMINISTRATION 1ST DEGREE - E FELONY

INTENTIONALLY KILL OR INJURE A POLICE ANIMAL PERFORMING DUTY UNDER SUPERVISION OF A POLICE OR PEACE OFFICER

195.06 a misdeamor

INTENTIONALLY KILL POLICE WORK DOG OR HORSE PERFORMING DUTY

195.06-a e FELONY

HARMING ANIMALS SUCH AS SEEING EYE DOGS. 2nd DEGREE

195.11 B MISDEMEANOR

RE: HARMING ANIMALS SUCH AS SEEING EYE DOGS 1st DEGREE

195.12 A MISDEMEANOR

WITH INTENT TO PREVENT A POLICE OFFICER OR PEACE OFFICER FROM PERFORMING A LAWFUL DUTY, CAUSES TEMPORARY PHYSICAL IMPAIRMENT TO A POLICE OFFICER OR PEACE OFFICER BY INTENTIONALLY DISCHARGING A SELF-DEFENSE SPRAY DEVICE, AS DEFINED IN PARAGRAPH 14 OF SUBD. A OF SECTION 265.20, THEREBY CAUSING SUCH TEMPORARY PHYSICAL IMPAIRMENT.

195.08 OBSTRUCTING GOVERNMENTAL ADMINISTRATION BY MEANS OF A SELF-DEFENSE SPRAY DEVICE - D FELONY

THIS ONLY OCCURS WHEN SOMEONE UNREASONABLY REFUSES TO AID THE OFFICER IN MAKING AN ARREST OR PREVENTING AN OFFENSE.

195.10 REFUSING TO AID PEACE OR POLICE OFFICER - B MISDEMEANOR

THIS OCCURS WHEN SOMEONE INTENTIONALLY AND UNREASONABLY OBSTRUCTS THE EFFORTS OF ANY FIREMAN, SOMEONE HELPING A FIREMAN, POLICE OFFICER or PEACE OFFICER WORKING AT EXPLOSION, GAS THREAT, ETC.

195.15 OBSTRUCTING FIRE-FIGHTING OPERATIONS - A MISDEMEANOR

THIS OCCURS WHEN SOMEONE INTENTIONALLY AND UNREASONABLY OBSTRUCTS THE EFFORTS OF ANY SERVICE, TECHNICIAN, PERSONNEL, SYSTEM OR UNIT SPECIFIED IN SECTION 3001 OF THE PUBLIC HEALTH LAW IN THE PERFORMANCE OF THEIR DUTIES.

195.16 OBSTRUCTING EMERGENCY MEDICAL SERVICES - A MISDEMEANOR

THIS CAN ONLY BE COMMITTED BY A PUBLIC SERVANT OR A PARTY OFFICIAL WHO DEFRAUDS, ETC., GOVERNMENT IN EXCESS OF $1000.

195.20 DEFRAUDING THE GOVERNMENT - E FELONY

ESCAPES FROM CUSTODY. CUSTODY MEANS RESTRAINT BY A PUBLIC SERVANT PURSUANT TO AUTHORIZED ARREST OR ORDER OF COURT.

205.05 3RD DEGREE - A MISDEMEANOR

- ESCAPES FROM DETENTION FACILITY OR - ARRESTED FOR, CHARGED WITH, OR CONVICTED OF A FELONY (C-D-E), HE ESCAPES FROM CUSTODY, OR - ADJUDICATED A Y.O. FOR A FELONY, HE ESCAPES FROM CUSTODY. (NO APP. TICKET) NOTE: SEE Absconding at 205.17 (temporary release facility) AND 205.19 (community treatment facility) FOR CLASS E FELONIES - NO APPEARANCE TICKETS AUTHORIZED.

205.10 2ND DEGREE - E FELONY

- CHARGED WITH OR CONVICTED OF A FELONY, HE ESCAPES FROM A DETENTION FACILITY, OR - ADJUDICATED A Y.O. FOR FELONY, HE ESCAPES FROM DETENTION FACILITY, OR - ARRESTED FOR, CHARGED WITH, CONVICTED OF A OR B FELONY, HE ESCAPES FROM CUSTODY.

205.15 1ST DEGREE - D FELONY

A PERSON IS GUILTY IF HE INTENTIONALLY PREVENTS OR ATTEMPTS TO PREVENT A POLICE OFFICER OR A PEACE OFFICER FROM MAKING AN AUTHORIZED ARREST. NOTE: A PERSON WHO RESISTS AN UNAUTHORIZED ARREST (e.g., PETTY OFFENSE OUTSIDE G.A.O.E. BEYOND 100 YARDS) IS NOT GUILTY OF RESISTING ARREST.

205.30 RESISTING ARREST - A MISDEMEANOR

HINDER THE PROSECUTION OF a FELONY. NOTE: THE TERM "RENDERS CRIMINAL ASSISTANCE" IS THE STANDARD TO BE MET. IT WOULD INCLUDE THE SITUATION WHERE AN ARMED ROBBER SAYS TO THE STORE CLERK, "If you report this to police I'll come back and kill you." SEE 205.50, Subd. 4, Definitions.

HINDERING PROSECUTION 205.55 3RD DEGREE - A MISDEMEANOR

HINDER THE PROSECUTION OF A B OR C FELONY. NOTE: THE TERM "RENDERS CRIMINAL ASSISTANCE" IS THE STANDARD TO BE MET. IT WOULD INCLUDE THE SITUATION WHERE AN ARMED ROBBER SAYS TO THE STORE CLERK, "If you report this to police I'll come back and kill you." SEE 205.50, Subd. 4, Definitions

205.60 2ND DEGREE - E FELONY

HINDER THE PROSECUTION OF AN A FELONY. NOTE: THE TERM "RENDERS CRIMINAL ASSISTANCE" IS THE STANDARD TO BE MET. IT WOULD INCLUDE THE SITUATION WHERE AN ARMED ROBBER SAYS TO THE STORE CLERK, "If you report this to police I'll come back and kill you." SEE 205.50, Subd. 4, Definitions.

205.65 1ST DEGREE - D FELONY

DRUGS, GAMBLING, AND VICE The Penal Law provisions concerning drugs, gambling, and vice are areas that the examiners focus on from time to time. It is an area of concern for the serious student. The statutes are heavily laden with numbers, presumptions, and defenses. They are offenses which may or may not be encountered or enforced by police officers on the street (e.g.: controlled substances vs. obscenity). They have been the subject of questions which separate "the men from the boys" or "the women from the girls," and could very well be the point that makes all the difference on test day. It is also an area of study that can result in diminishing returns. The following will assist you in "sharpshooting" your efforts. ARTICLE 220 - CONTROLLED SUBSTANCES The so called Rockefeller Drug Laws were substantially amended in 2009 wherein many instances in which a defendant who previously faced substantial criminal liability now has the option of "judicial diversion" (essentially re-hab) available to him. In practice this will have an adverse impact on law enforcement efforts throughout the state. Luckily the examiners generally do not concern themselves with sentencing provisions in Part II of the Penal Law (which is what the 2009 amendments primarily addressed). New substantive offenses were added and the issue continues to draw substantial political and media attention. It is worthy of consideration. The seriousness of a controlled substance offense is generally determined by such factors as: 1) Whether the substance was sold or possessed 2) The type of substance 3) The weight or quantity 4) Does the sale occur on "school grounds" 5) Does the sale occur with the involvement of a minor 6) Is the defendant in the business of trafficking 7) Prior Article 220 convictions Generally sales are more serious than mere possession of the same substance. A "controlled substance" is any substance listed in schedules I thru V of N.Y.S. Public Health Law 3306 other than marihuana/cannabis. Concentrated cannabis (commonly known as hashish) IS NOT a controlled substance. Controlled substance is an "umbrella term" which encompasses many types of drugs. Watch this work: Cocaine and heroin are types of narcotic drugs. A narcotic drug is a type of controlled substance. Generally (with one exception, as outlined later), if you nail someone with cocaine, you will ascertain its weight and open to Article 220 and look up narcotic drug weights to determine the new appropriate offense to charge. The same concept holds true throughout Article 220 (e.g.: heroin is a kind of narcotic drug, a narcotic drug is a kind of controlled substance. If you nail a guy possession 9 ounces of heroin he is chargeable with C.P.C.S. 1st Degree under the subdivision = POSSESS 8 oz. or more of a narcotic drug.) Pay attention to the following controlled substance types: NARCOTIC DRUG (cocaine and heroin are kinds of narcotic drugs) COCAINE is named specifically only in C.P.C.S. 5th Degree re: 500 mg. or more of PURE weight. HEROIN is not named in the Penal Law but it is a kind of narcotic drug. PHENCYCLIDINE is commonly known as PCP or ANGEL DUST. CONCENTRATED CANNABIS, commonly known as HASHISH, IS NOT a controlled substance. (neither is cannabis/marihuana). KETAMINE is an animal tranquilizer. It is commonly known as SPECIAL K. GHB (gamma hydroxybutric acid) is a common date rape drug. METHAMPHETAMINE is known as CRYSTAL METH and is the subject of recent extensive legislation and public attention. LSD (lysergic acid disthylamide) is known as ACID. METHADONE is a drug often provided by government to heroin addicts to assist them in weaning off their addiction. The statute requires that some controlled substances be measured by "aggregate weight" while others be measured by "pure weight." AGGREGATE WEIGHT is the total weight of the drug itself and any other substances mixed with it. PURE WEIGHT is the weight or amount of the controlled substance itself. This is generally only determined through lab analysis. It is enough for the defendant to knowingly and unlawfully possess or sell a particular controlled substance. "Knowingly" does not generally apply to the amount of the substance. If you know you possess the substance and its unlawful you are on the hook for its weight. The people need not prove the defendant knew the actual amount of the controlled substance. -- MOST Article 220 offenses are framed as 2 oz. OR MORE, 250 mg. OR MORE, etc., whereas cannabis offenses are framed as MORE THAN 3 oz., MORE THAN 16 oz. Big difference between the two. When it comes to controlled substances the rule "OR MORE" is NOT 100%. There are a few exceptions. All possession offenses require knowing and unlawful possession. The following breakdown is not all-inclusive. It focuses on the substances which are most exam/job related.

drugs

Knowingly and unlawfully possess any amount of a controlled substance – however, in no case will residual amounts of a controlled substance found in or on a hypodermic needle constitute a violation of CPCS 7TH Degree. There is NO C.P.C.S. 6TH Degree.

220.03 CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE 7TH DEGREE - A MISDEMEANOR

-- Controlled substance with intent to sell -- Phencyclidine 50 mg. or more (pure) -- Cocaine 500 mg. or more (pure) -- Ketamine *more than 1000 mg. (pure) *(An exception to the general rule of construction) -- Ketamine with prior ketamine possession/attempt conviction -- GHB 28 grams or more (aggregate)

220.06 CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE 5TH DEGREE - D FELONY

-- Narcotic drug 1/8 oz. or more (aggregate) -- Methamphetamine 1/2 oz. or more (aggregate) -- LSD 1 mg. or more (pure) -- Phencyclidine 250 mg. or more (pure) -- Phencyclidine 50 mgs. or more with intent to sell and previous Article 220 or Article 220 conspiracy/attempt conviction (pure) -- Methadone 360 mgs. or more (pure) -- Ketamine 4000 mgs. or more (pure) -- GHB 200 grams or more (aggregate)

220.09 CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE 4TH DEGREE - C FELONY

-- Narcotic drug with intent to sell -- LSD with intent to sell and prior Article 220 or Article 220 conspiracy/attempt conviction -- LSD 1 mg. or more with intent to sell (pure) -- Methamphetamine 1/8 oz. or more with intent to sell (aggregate) -- LSD 5 mgs. or more (pure) -- Narcotic drug 1/2 oz. or more (aggregate) -- Phencyclidine 1250 mgs. or more (pure)

220.16 CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE 3RD DEGREE - B FELONY

-- Narcotic drug 4 oz. or more (aggregate) -- Methamphetamine 2 oz. or more (aggregate) -- LSD 25 mgs. or more (pure) -- Methadone 2880 mgs. or more (pure)

220.18 CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE 2ND DEGREE - A-II FELONY

-- Narcotic drug 8 oz. or more (aggregate) -- Methadone 5760 mgs. or more (pure)

220.21 CRIMINAL POSSESSION OF A CONTROLLED

-- Narcotic drug 8 oz. or more (aggregate) -- Methadone 5760 mgs. or more (pure)

220.21 CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE 1ST DEGREE - A-I FELONY

The sale statutes all require knowingly and substance. SELL is defined as sell, exchange, give or dispose of to another, or offer or agree to do the same. Knowingly and unlawfully sell a controlled substance. 220.34 CRIMINAL SALE OF A CONTROLLED SUBSTANCE 4TH DEGREE - C FELONY -- Phencyclidine 50 mgs. or more (pure) -- Methadone -- Phencyclidine and prior Article 220 or Article 220 conspiracy/attempt conviction -- Ketamine 4000 mgs. or more (pure) -- Do C.S.C.S. 5th Degree on school grounds/school bus/day care center -- GHB 28 grams or more (aggregate)

220.31 CRIMINAL SALE OF A CONTROLLED SUBSTANCE 5TH DEGREE - D FELONY

The sale statutes all require knowingly and substance. SELL is defined as sell, exchange, give or dispose of to another, or offer or agree to do the same. -- Narcotic drug -- LSD and prior Article 220 or Article 220 conspiracy/attempt conviction -- LSD 1 mg. or more (pure) -- Methamphetamine 1/8 oz. or more (aggregate) -- Phencyclidine 250 mgs. or more (pure)

220.39 CRIMINAL SALE OF A CONTROLLED SUBSTANCE 3RD DEGREE - B FELONY

The sale statutes all require knowingly and substance. SELL is defined as sell, exchange, give or dispose of to another, or offer or agree to do the same. -- Narcotic drug 1/2 oz. or more (aggregate) -- Methamphetamine 1/2 oz. or more (aggregate) -- LSD 5 mgs. or more (pure) -- Methadone 360 mgs. or more (pure)

220.41 CRIMINAL SALE OF A CONTROLLED SUBSTANCE 2ND DEGREE - A-II FELONY

The sale statutes all require knowingly and substance. SELL is defined as sell, exchange, give or dispose of to another, or offer or agree to do the same. -- Narcotic drug 2 oz. or more (aggregate) -- Methadone 2880 mgs. or more (pure)

220.43 CRIMINAL SALE OF A CONTROLLED SUBSTANCE 1ST DEGREE - A-I FELONY

Makes it a separate offense when MOST BUT NOT ALL C.S.C.S. 4th Degree and C.S.C.S. 3rd Degree subdivisions are committed on "school grounds," a school bus, or a child day care center. SCHOOL GROUNDS includes structures and premises within the real property boundary line of elementary, junior high, high school, etc., AND any area accessible to the public located within 1,000 feet of the real property line including parked cars, stores, and restaurants. -- The school bus need not be within the 1,000 foot radius. -- When it comes to a "child day care or educational facility," the sale must occur under "circumstances evincing knowledge" on the part of the defendant. That is because many of such facilities don't look like schools. There is a rebuttable presumption when notice of such facility is conspicuously posted. -- Time of day or year is not relevant when considering these definitions. -- "Schools grounds," as defined in Article 220, is important when considering weapons and juvenile offenders and Assault 2nd Degree. -- Article 240 defines school grounds differently from Article 220. The Article 240 definition applies to Article 240.

220.44 CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN OR NEAR SCHOOL GROUNDS - B FELONY

Practitioner knowingly and unlawfully sells a prescription for a controlled substance. This statute is directed at doctors. Be careful -- the examiners have been into this.

220.65 CRIMINAL SALE OF A PRESCRIPTION FOR A CONTROLLED SUBSTANCE - C FELONY

18 or more uses L.T. 16 to commit/attempt felony sale or attempted sale (including concealing on the body of the child).

220.28 USE OF A CHILD TO COMMIT A CONTROLLED SUBSTANCE OFFENSE - E FELONY

M.T. 21 commits C.S.C.S. 4th Degree or C.S.C.S. 3rd Degree to L.T. 17.

220.48 CRIMINAL SALE OF A CONTROLLED SUBSTANCE TO A CHILD - B FELONY

Inject a narcotic drug into the body of another with that person's consent. Remember, heroin is a narcotic drug.

220.46 CRIMINAL INJECTION OF A NARCOTIC DRUG - E FELONY

The terms "controlled substance organization," "director," and "profiteer" are defined. 1. DIRECTOR: 12 months or less, controlled substances sales/proceeds, $75,000 or more; OR 2. PROFITEER: 6 months or less, narcotic drug sales/proceeds, $75,000 or more; OR 3. PROFITEER: 6 months or less, possess narcotic drug with intent to sell and drugs have aggregate value of $75,000 or more.

220.77 OPERATING AS A MAJOR TRAFFICKER - A-I FELONY

A controlled substance found in an automobile, other than a public omnibus, is presumed possessed by all persons therein, except: 1) Duly licensed driver for hire, OR 2) Concealed on the person of an occupant, OR 3) Person authorized to possess in proper container. This presumption does not apply to marihuana/cannabis.

AUTOMOBILE

Narcotic drug, narcotic preparation, phencyclidine, marihuana in open view in a room, other than a public place, under circumstances evincing an intent to mix, package, prepare for sale, etc., is presumed to be possessed by each person in close proximity. Except if: 1) Concealed on person, OR 2) Someone authorized to possess in proper container.

OPEN VIEW IN A ROOM

SIMULTANEOUSLY WITH FOUR OR MORE OTHER PERSONS HE ENGAGES IN TUMULTUOUS AND VIOLENT CONDUCT AND THEREBY INTENTIONALLY OR RECKLESSLY CAUSES OR CREATES A GRAVE RISK OF CAUSING PUBLIC ALARM.

240.05 RIOT 2ND DEGREE – A MISDEMEANOR

SIMULTANEOUSLY WITH TEN OR MORE OTHER PERSONS DOES RIOT 2ND RESULT IS P.I. OR SUBSTANTIAL PROPERTY DAMAGE. SEE ALSO SUBD. 2 RE: CORRECTIONAL FACILITY.

240.06 RIOT 1ST – E FELONY

HE URGES TEN OR MORE PERSONS TO ENGAGE IN TUMULTUOUS AND VIOLENT CONDUCT OF A KIND LIKELY TO CREATE PUBLIC ALARM.

240.08 INCITING TO RIOT – A MISDEMEANOR

HE ASSEMBLES WITH FOUR OR MORE OTHER PERSONS FOR THE PURPOSE OF ENGAGING OR PREPARING TO ENGAGE WITH THEM IN TUMULTUOUS AND VIOLENT CONDUCT LIKELY TO CAUSE PUBLIC ALARM

240.10 UNLAWFUL ASSEMBLY – B MISDEMEANOR

HE ADVOCATES THE OVERTHROW OF THE EXISTING FORM OF GOVERNMENT OF THIS STATE BY VIOLENCE OR ADVOCACY/ASSOCIATION FOR VIOLENT OVERTHROW.

240.15 CRIMINAL ANARCHY – E FELONY

INTENT TO CAUSE PUBLIC INCONVENIENCE, ANNOYANCE OR ALARM, OR RECKLESSLY CREATING A RISK THEREOF: 1. HE ENGAGES IN FIGHTING OR IN VIOLENT, TUMULTUOUS OR THREATENING BEHAVIOR; OR 2. HE MAKES UNREASONABLE NOISE; OR 3. IN A PUBLIC PLACE, HE USES ABUSIVE OR OBSCENE LANGUAGE, OR MAKES AN OBSCENE GESTURE; OR 4. WITHOUT LAWFUL AUTHORITY, HE DISTURBS ANY LAWFUL ASSEMBLY OR MEETING OF PERSONS; OR 5. HE OBSTRUCTS VEHICULAR OR PEDESTRIAN TRAFFIC; OR 6. HE CONGREGATES WITH OTHER PERSONS IN A PUBLIC PLACE AND REFUSES TO COMPLY WITH A LAWFUL ORDER OF THE POLICE TO DISPERSE; OR 7. HE CREATES A HAZARDOUS OR PHYSICALLY OFFENSIVE CONDITION BY ANY ACT WHICH SERVES NO LEGITIMATE PURPOSE.

240.20 DISORDERLY CONDUCT - VIOLATION

INTENT TO CAUSE ANNOYANCE OR ALARM OR RECKLESSLY CREATING A RISK THEREOF AND MAKES UNREASONABLE NOISE OR DISTURBANCE WHILE AT A LAWFULLY ASSEMBLED RELIGIOUS SERVICE, FUNERAL, BURIAL OR MEMORIAL SERVICE, OR WITHIN 300 FEET THEREOF.

240.21 DISRUPTION OR DISTURBANCE OF RELIGIOUS SERVICE, BURIAL, ETC – A MISDEMEANOR

INTENTIONALLY AND REPEATEDLY HARASSES ANOTHER PERSON BY FOLLOWING SUCH PERSON IN OR ABOUT A PUBLIC PLACE OR PLACES OR BY ENGAGING IN A COURSE OF CONDUCT OR BY REPEATEDLY COMMITTING ACTS WHICH PLACES SUCH PERSON IN REASONABLE FEAR OF PHYSICAL INJURY.

240.25 HARASSMENT 1ST – B MISDEMEANOR

INTENT TO HARASS, ANNOY OR ALARM ANOTHER PERSON HE OR SHE: 1. STRIKES, SHOVES, KICKS OR OTHERWISE SUBJECTS SUCH OTHER PERSON TO PHYSICAL CONTACT, OR ATTEMPTS OR THREATENS TO DO THE SAME; OR 2. HE OR SHE FOLLOWS A PERSON IN OR ABOUT A PUBLIC PLACE OR PLACES; OR 3. HE OR SHE ENGAGES IN A COURSE OF CONDUCT OR ACTS WHICH ALARM OR SERIOUSLY ANNOY SUCH OTHER PERSON AND WHICH SERVE NO LEGITIMATE PURPOSE.

240.26 HARASSMENT 2ND - VIOLATION

1. WITH INTENT TO HARASS ANOTHER PERSON, COMMUNICATES OR CAUSES A COMMUNICATION THAT IS A THREAT TO CAUSE PHYSICAL HARM OR UNLAWFUL HARM TO PROPERTY. NOTE: INCLUDES THREATS TO HARM C.P.L 530.11 FAMILY/HOUSEHOLD MEMBERS; OR 2. WITH INTENT TO HARASS OR THREATEN ANOTHER PERSON, HE OR SHE MAKES A TELEPHONE CALL, WHETHER OR NOT A CONVERSATION ENSUES, WITH NO PURPOSE OF LEGITIMATE COMMUNICATION; OR 3. HE COMMITS HARRASMENT 2ND SUBD. 1 BASED UPON RACE, COLOR, NATIONAL ORIGIN, ANCESTRY, GENDER, GENDER IDENTITY OR EXPRESSION, RELIGION, RELIGIOUS PRACTICE, AGE, DISABILITY OR SEXUAL ORIENTATION, REGARDLESS OF WHETHER THE BELIEF OR PERCEPTION IS CORRECT; OR 4. WITH THE INTENT TO HARASS, ANNOY, THREATEN OR ALARM ANOTHER PERSON, HE OR SHE STRIKES, SHOVES, KICKS OR OTHERWISE SUBJECTS ANOTHER PERSON TO PHYSICAL CONTACT THEREBY CAUSING PHYSICAL INJURY; OR 5. HE COMITS HARASSMENT 1ST AND HAS PRIOR CONVICTION OF HARASSMENT 1ST IN THE PRECEDING TEN YEARS.

240.30 AGGRAVATED HARASSMENT 2ND – A MISDEMEANOR

INTENT TO HARASS, ANNOY, THREATEN OR ALARM BASED UPON RACE, COLOR, ETC. AND 1. DAMAGES RELIGIOUS PREMISES AND THE DAMAGE EXCEEDS FIFTY DOLLARS; OR 2. COMMITS THE CRIME OF AGGRAVATED HARASSMENT 2ND SUBD. 3 AND HAS PRIOR CONVICTION OF AGGRAVATED HARASSMENT 2ND SUBD. 3 OR AGGRAVATED HARASSMENT 1ST WITHIN THE PRECEDING TEN YEARS. 3. PLACES A SWASTIKA ON ANY BUILDING OR OTHER REAL PROPERTY, PUBLIC OR PRIVATE, WITHOUT EXPRESS PERMISSION OF THE OWNER OR OPERATOR; 4. SETS ON FIRE A CROSS IN PUBLIC VIEW; OR 5. DISPLAYS A NOOSE ON ANY BUILDING OR OTHER REAL PROPERTY, PUBLIC OR PRIVATE, WITHOUT EXPRESS PERMISSION OF THE OWNER OR OPERATOR.

240.31 AGGRAVATED HARASSMENT 1ST – E FELONY

A PERSON IS GUILTY OF LOITERING WHEN HE: 2. LOITERS OR REMAINS IN A PUBLIC PLACE FOR THE PURPOSE OF GAMBLING; OR 4. LOITERS IN A PUBLIC PLACE WEARING A MASK OR DISGUISE;OR (REPEALED JUNE 13, 2020) 5. LOITERS ON SCHOOL GROUNDS NOT HAVING ANY LEGITIMATE REASON; OR 6. LOITERS IN ANY TRANSPORTATION FACILITY COMMERCIAL PURPOSE; OR

240.35 LOITERING - VIOLATION

LOITERS IN ANY PLACE WITH ONE OR MORE PERSONS FOR THE PURPOSE OF UNLAWFULLY USING OR POSSESSING A CONTROLLED SUBSTANCE.

240.36 LOITERING IN THE FIRST DEGREE – B MISDEMEANOR

APPEARS IN A PUBLIC PLACE UNDER THE INFLUENCE OF NARCOTICS OR A DRUG OTHER THAN ALCOHOL TO THE DEGREE THAT HE MAY ENDANGER HIMSELF OR OTHER PERSONS OR PROPERTY, OR ANNOY PERSONS IN HIS VICINITY.

240.40 APPEARANCE IN PUBLIC UNDER THE INFLUENCE OF NARCOTICS OR A DRUG OTHER THAN ALCOHOL - VIOLATION

A PERSON IS GUILTY OF CRIMINAL NUISANCE IN THE SECOND DEGREE WHEN: 1. BY CONDUCT EITHER UNLAWFUL IN ITSELF OR UNREASONABLE UNDER ALL THE CIRCUMSTANCES, HE KNOWINGLY OR RECKLESSLY CREATES OR MAINTAINS A CONDITION WHICH ENDANGERS THE SAFETY OR HEALTH OF A CONSIDERABLE NUMBER OF PERSONS; OR 2. HE KNOWINGLY CONDUCTS OR MAINTAINS ANY PREMISES, PLACE OR RESORT WHERE PERSONS GATHER FOR PURPOSES OF ENGAGING IN UNLAWFUL CONDUCT.

240.45 CRIMINAL NUISANCE 2ND – B MISDEMEANOR

KNOWINGLY CONDUCTS OR MAINTAINS ANY PREMISES, PLACE OR RESORT WHERE PERSONS COME OR GATHER FOR PURPOSES OF ENGAGING IN THE UNLAWFUL SALE OF CONTROLLED SUBSTANCES.

240.46 CRIMINAL NUISANCE 1ST DEGREE – E FELONY

KNOWING THE INFORMATION REPORTED, CONVEYED OR CIRCULATED TO BE FALSE OR REPORTS THE OCCURRENCE OF A CRIME, CATASTROPHE OR EMERGENCY.

240.50 FALSELY REPORTING AN INCIDENT 3RD – A MISDEMEANOR

KNOWING THE INFORMATION REPORTED, CONVEYED OR CIRCULATED TO BE FALSE OR HE OR SHE REPORTS A FIRE, EXPLOSION OR HAZMAT RELEASE.

240.55 FALSELY REPORTING AN INCIDENT 2ND – E FELONY

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240.60 FALSELY REPORTING AN INCIDENT 1ST – D FELONY

- EFFECTIVE JUNE 6, 2022 WITH THE INTENT TO INTIMIDATE A GROUP OF PEOPLE OR TO CREATE PUBLIC ALARM, SUCH PERSON THREATENS TO INFLICT OR CAUSE TO BE INFLICTED, SERIOUS PHYSICAL INJURY OR DEATH AT A SCHOOL, PLACE OF WORSHIP, BUSINESS, GOVERNMENT BUILDING, OR OTHER PLACE OF ASSEMBLY, AND THEREBY CAUSES A REASONABLE EXPECTATION OR FEAR OF SERIOUS PHYSICAL INJURY OR DEATH, OR CAUSES THE EVACUATION OR LOCKDOWN OF A SCHOOL, PLACE OF WORSHIP, BUSINESS, GOVERNMENT BUILDING, OR OTHER PLACE OF ASSEMBLY. IT IS NO DEFENSE THAT THE DEFENDANT DID NOT HAVE THE INTENT OR CAPABILITY OF COMMITTING THE CONDUCT THREATENED.

240.78 MAKING A THREAT OF MASS HARM – B MISDEMEANOR

- EFFECTIVE JUNE 6, 2022 COMMIT 240.78 AND MAKE ANY OVERT ACT IN FURTHERANCE THEREOF. WITH THE INTENT TO INTIMIDATE A GROUP OF PEOPLE OR TO CREATE PUBLIC ALARM, SUCH PERSON THREATENS TO INFLICT OR CAUSE TO BE INFLICTED, SERIOUS PHYSICAL INJURY OR DEATH AT A SCHOOL, PLACE OF WORSHIP, BUSINESS, GOVERNMENT BUILDING, OR OTHER PLACE OF ASSEMBLY, AND THEREBY CAUSES A REASONABLE EXPECTATION OR FEAR OF SERIOUS PHYSICAL INJURY OR DEATH, OR CAUSES THE EVACUATION OR LOCKDOWN OF A SCHOOL, PLACE OF WORSHIP, BUSINESS, GOVERNMENT BUILDING, OR OTHER PLACE OF ASSEMBLY. IT IS NO DEFENSE THAT THE DEFENDANT DID NOT HAVE THE INTENT OR CAPABILITY OF COMMITTING THE CONDUCT THREATENED.

240.79 AGGRAVATED THREAT OF MASS HARM – A MISDEMEANOR

1. INTENTIONALLY EXPOSE PRIVATE/INTIMATE PARTS IN LEWD MANNER: - IN A PUBLIC PLACE,OR - IN PRIVATE PREMISES READILY OBSERVABLE FROM PUBLIC PLACE OR OTHER PRIVATE PREMISES, OR - WHILE TRESPASSING IN A DWELLING AND 2. WITH INTENT THAT HE/SHE BE SO OBSERVED. NOTE: NUDE IS NOT LEWD.

245.00 PUBLIC LEWDNESS - B MISDEMEANOR

1. 19 YEARS OLD OR MORE AND INTENTIONALLY EXPOSE PRIVATE PARTS IN A LEWD MANNER TO ANNOY OR ALARM A PERSON LESS THAN 16 YEARS OF AGE. NOTE: PERSON L/T 16 MUST ACTUALLY OBSERVE THE LEWD EXPOSURE. OR 2. COMMITS PUBLIC LEWDNESS AND HAS A PRIOR CONVICTION WITHING THE PRECEDING YEAR.

245.03 PUBLIC LEWDNESS 1ST DEGREE – A MISDEMEANOR

1. APPEARS IN PUBLIC PLACE IN A MANNER THAT PRIVATE/INTIMATE PARTS ARE UNCLOTHED OR EXPOSED. NOTE: NUDE SUNBATHING FITS THIS. 245.02 PROMOTING EXPOSURE OF A PERSON - VIOLATION 1. KNOWINGLY CONDUCT, OWN, MANAGE, etc., PUBLIC PLACE WHERE PERSON APPEARS WITH PRIVATE/INTIMATE PARTS EXPOSED OR UNCLOTHED. NOTE: DOESN'T INCLUDE SHOW/ENTERTAINMENT.

245.01 EXPOSURE OF A PERSON - VIOLATION

PARTICIPATE IN PUBLIC AMUSEMENT/ENTERTAINMENT, etc., 1. M.T. 8 HOURS DANCING, BICYCLE, PHYSICAL ENDURANCE, OR 2. RIDICULE BY THROWING BALLS, etc., AT HEAD OR BODY, OR 3. DISCHARGE FIREARM, KNIFE, ARROW AT OR TOWARD ANOTHER PERSON.

245.05 OFFENSIVE EXHIBITION - VIOLATION

WITH KNOWLEDGE OF CHARACTER AND CONTENT, PUBLICLY DISPLAYS OR PERMITS DISPLAY EASILY VISIBLE FROM ANY PUBLIC PLACE, VISUAL REPRESENTATION OF PERSON OR HUMAN BODY PREDOMINANTLY APPEALING TO PRURIENT INTEREST IN SEX, AND THAT - DEPICTS SEXUAL CONDUCT OR SADO-MASOCHISTIC ABUSE, OR - DEPICTS NUDITY, SEXUAL CONDUCT, S/M ABUSE AND UNCLOTHED GENITALS, OBSCURED BY COVERING, etc.

245.11 PUBLIC DISPLAY OF OFFENSIVE SEXUAL MATERIAL - A MISDEMEANOR

= ANY PISTOL, REVOLVER, OR SHOTGUN WITH BARREL LESS THAN 18", RIFLE WITH BARREL LESS THAN 16", RIFLE OR SHOTGUN WITH OVERALL LENGTH OF LESS THAN 26", OR AN ASSAULT WEAPON. A FIREARM DOES NOT INCLUDE AN ANTIQUE FIREARM, WHICH IS DEFINED AS ANY UNLOADED: a) b) MUZZLE-LOADING PISTOL OR REVOLVER WITH A MATCHLOCK, FLINTLOCK, PERCUSSION CAP IGNITION SYSTEM, OR A PISTOL OR REVOLVER WHICH USES CARTRIDGES NO LONGER AVAILABLE IN ORDINARY CHANNELS OF COMMERCIAL TRADE.

FIREARM

any weapon or device, capable of being concealed on the person, from which a shot can be discharged through the energy of an EXPLOSIVE and is DESIGNED and INTENDED to appear to be something other than a gun OR INTENDED to appear to be a toy gun.

DISGUISED GUN

= a stiletto, a switchblade knife, a gravity knife (deleted 2019), a cane sword, a pilum ballistic knife, and a metal knuckle knife. NOTE: How come a STILETTO is in the list but a DAGGER and a DIRK are not? YOUR GUESS IS AS GOOD AS OURS.

AUTOMATIC KNIFE

SUBD. 1 lists 18 separate weapons. P.T.S. calls this the LONG LIST. The offense occurs even without any unlawful intent. SUBD. 2 lists 7 specific weapons and one generally described weapon, "...any other dangerous or deadly instrument or weapon." All require possession plus UNLAWFUL INTENT. Sometimes the necessary intent is PRESUMED. It will not be presumed re: a RAZOR, MACHETE or IMITATION PISTOL. P.T.S. refers to this as the SHORT LIST. SUBD. 3 was deleted – it covered possession of RIFLE, SHOTGUN, or FIREARM on SCHOOL GROUNDS, etc. See, NEW 265.01-A which makes this OFFENSE an E-FELONY. SUBD. 4 covers possession of a RIFLE, SHOTGUN, ANTIQUE FIREARM, BLACK POWDER RIFLE or SHOTGUN, or any MUZZLE-LOADING FIREARM by a person who has a prior conviction of a FELONY or SERIOUS OFFENSE. (Defined in 265.00, subd. 17) SUBD. 5 covers possession of any dangerous or deadly weapon by NON U.S. CITIZEN. P.T.S. refers to this as "ALIEN." SUBD. 6 covers the situation where a certified psycho possesses a RIFLE or SHOTGUN and refuses to surrender it to police. SUBD. 7 covers knowing possession of an EXPLOSIVE BULLET. SUBD. 8 covers possession of ARMOR PIERCING AMMUNITION with unlawful intent. SUBD. 9 covers possession of a GHOST GUN OR PROHIBITED POSSESSION OF FIREARM, SHOTGUN OR RIFLE COMPONENT. SUBD. 10 covers possession of an UNSERIALIZED FRAME OR RECEIVER.

265.01 POSSESSION 4TH DEGREE - A MISDEMEANOR

POSSESSION OF A RIFLE, SHOTGUN, OR FIREARM IN OR UPON ANY PLACE (INCLUDING A SCHOOL BUS) USED FOR EDUCATIONAL PURPOSES. EXCEPTIONS ARE PRIOR WRITTEN AUTHORIZATION FROM THE SCHOOL OR POSSESSION IS IN/ON SUNY FORESTRY LANDS.

265.01-A CRIMINAL POSSESSION OF A WEAPON ON SCHOOL GROUNDS – E FELONY

A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A FIREARM WHEN HE OR SHE: (1) POSSESSES ANY FIREARM OR; (2) LAWFULLY POSSESSES A FIREARM PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH ADDED THIS SECTION SUBJECT TO THE REGISTRATION REQUIREMENTS OF SUBDIVISION SIXTEEN-A OF SECTION 400.00 OF THIS CHAPTER AND KNOWINGLY FAILS TO REGISTER SUCH FIREARM PURSUANT TO SUCH SUBDIVISION.

265.01-B CRIMINAL POSSESSION OF A FIREARM – E FELONY

A PERSON IS GUILTY OF CRIMINAL POSSESSION OF A RAPID-FIRE MODIFICATION DEVICE WHEN HE OR SHE KNOWINGLY POSSESSES ANY RAPID-FIRE MODIFICATION DEVICE.

265.01-C CRIMINAL POSSESSION OF A RAPID-FIRE MODIFICATION DEVICE - A MISDEMEANOR

SUBD. 1 is the subdivision that tells us that LONG - SHORT – ALIEN from 4th Degree escalates to 3rd Degree based on a prior criminal conviction. SUBD. 2 covers some heavy duty stuff; e.g., BOMBS, SILENCERS, SUBD. 3 covers DEFACED machine gun, firearm, rifle, shotgun. defaced for purposes of concealment, preventing the detection misrepresenting the identity of the weapon. MACHINE GUNS. It must have been of a crime, or SUBD. 4 was REPEALED years ago. This used to deal with possession of a loaded firearm. Now this is covered by 265.03, Subd. 1 or Subd. 3. SUBD. 5 covers possession of 3 or more firearms, OR possession of a firearm and a prior conviction of a FELONY or a Class A Penal Law Misdemeanor within 5 years. Possession at home or place of business doesn't count. SUBD. 6 covers possession of a DISGUISED GUN. SUBD. 7 covers possession of an ASSAULT WEAPON. See 265.00 (22) – a very long list. SUBD. 8 covers possession of LARGE CAPACITY AMMUNITION FEEDING DEVICE (M.T. 10). SUBD. 9 covers possession of an UNLOADED FIREARM during the commission of a Section 10.00 defined DRUG TRAFFICKING FELONY as part of the same criminal transaction. Drug trafficking felony means: -- use of a child to commit a controlled substance offense -- criminal sale of a controlled substance 4TH, 3RD, 2ND or 1ST -- criminal sale of a controlled substance in or near school grounds -- unlawful manufacture of methamphetamine 2ND or 1ST -- operating as a major trafficker SUBD. 10 covers possession of an UNLOADED FIREARM during the commission of a Section 70.02 defined VIOLENT FELONY OFFENSE as part of the same criminal transaction.

265.02 POSSESSION 3RD DEGREE - D FELONY

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265.03 CRIMINAL POSSESSION OF A WEAPON 2ND DEGREE - C FELONY

SUBD. 1 covers possession of EXPLOSIVE SUBSTANCE with unlawful intent. SUBD. 2 covers possession of TEN (10) or more firearms.

265.04 CRIMINAL POSSESSION OF A WEAPON 1ST DEGREE - B FELONY

A PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE ADJUDGED A JUVENILE DELINQUENT. UNLAWFUL FOR ANY PERSON UNDER THE AGE OF SIXTEEN TO POSSESS ANY: - AIR-GUN, SPRING-GUN OR OTHER INSTRUMENT OR WEAPON IN WHICH THE PROPELLING FORCE IS A SPRING OR AIR, OR - ANY GUN OR ANY INSTRUMENT OR WEAPON IN OR UPON WHICH ANY LOADED OR BLANK CARTRIDGES MAY BE USED, OR - ANY DANGEROUS KNIFE. UNLESS: the possession of rifle or shotgun or ammunition is by the holder of a hunting license or permit issued pursuant to the environmental conservation law.

265.05 UNLAWFUL POSSESSION OF WEAPONS BY PERSONS UNDER SIXTEEN

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- IT IS UNLAWFUL FOR ANY PERSON 16 OR OLDER TO POSSESS AN AIR GUN, etc., ON SCHOOL GROUNDS WITHOUT WRITTEN AUTHORIZATION.

265.06 UNLAWFUL POSSESSION UPON SCHOOL GROUNDS - A VIOLATION

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