penal law1

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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.

juvenile offender

shall be defined as provided for in section three hundred ninety of the social services law.

child daycare provider

means any of the following offenses defined in article two hundred twenty of this chapter: violation of use of a child to commit a controlled substance offense as defined in section 220.28; criminal sale of a controlled substance in the fourth degree as defined in section 220.34; criminal sale of a controlled substance in the third degree as defined in section 220.39; criminal sale of a controlled substance in the second degree as defined in section 220.41; criminal sale of a controlled substance in the first degree as defined in section 220.43; criminal sale of a controlled substance in or near school grounds as defined in section 220.44; unlawful manufacture of methamphetamine in the second degree as defined in section 220.74; unlawful manufacture of methamphetamine in the first degree as defined in section 220.75; or operating as a major trafficker as defined in section 220.77.

drug trafficking felony

Male 21, female 17, sexual intercourse =

NO OFFENSE

Male 21, female 16, sexual intercourse =

RAPE 3RD DEGREE

female 16, sexual intercourse =

SEXUAL MISCONDUCT

Female 18, male 14, anal conduct =

C.S.A. 2ND DEGREE

Female 18, male 15, anal conduct =

SEXUAL MISCONDUCT

Memorize the ages in RAPE and CRIMINAL SEXUAL ACT. Any age not fitting into RAPE or C.S.A. involving sexual intercourse or oral/anal conduct will be

SEXUAL MISCONDUCT.

1. Intentional damage. No dollar amount is given in the statute. By operation 2. Reckless damage to property valued at more than $250. 3. Participate in destruction of abandoned building. (By its very nature an abandoned building is not "owned" by anyone and thus is not the property of another. This subsection was added in 1983 to close this loophole.) 4. Intent to prevent a person from calling for help in an emergency, intentionally disable or remove a communication device while the person is attempting to seek help. This subsection became effective on 7/6/08. There are two important considerations: a) The victim must be attempting to seek or be engaged in the process of b) The intended call can be to police, fire, etc., or ANOTHER person. c) The fact that the defendant may own the device is no defense to a prosecution.

145.00 CRIMINAL MISCHIEF 4TH DEGREE - A Misdemeanor

1. Intentional damage M.T. $250. 2. Damage a locked motor vehicle intending to steal after having been convicted 3 or more times on 3 separate occasions involving 3 separate transactions of any Criminal Mischief within 10 years. Compare this with Auto Stripping in Article 165. If the examiners went to this, you could recognize the fact pattern from a mile away

145.05 CRIMINAL MISCHIEF 3RD DEGREE - E FELONY

1. Intentional damage M.T. $1,500. Unlike Larceny, which was amended in 1986 to keep up with the economy, Criminal Mischief values have not been amended since 1971. You could easily break a plate glass window and find yourself facing a Class D Felony

145.10 CRIMINAL MISCHIEF 2ND DEGREE - D FELONY

1. Intentional damage by means of an explosive (any amount)

145.12 CRIMINAL MISCHIEF 1ST DEGREE - B FELONY

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120.00 ASSAULT 3RD DEGREE

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120.05 ASSAULT 2ND DEGREE

is accomplished by "physical menace." This would include a "choking" scenario while no P.I. is caused.

3rd Degree menace (B Misd.)

comes about by either the introduction of weaponry, engaging in "stalking" type behavior (which will be covered separately in more depth in conjunction with other statutes), and violating Orders of Protection. can potentially overlap with Stalking and Criminal Contempt statutes.

2nd Degree menace (A Misd.)

) comes about by virtue of committing Menacing 2nd Degree and having certain prior Menacing convictions within 10 years.

1st degree menace (e felony)

.) requires a RECKLESS C.M.S. with a risk of S.P.I. If a risk of P.I. was created there would not be enough to satisfy this offense.

rECKLESS ENDANGERMENT 2nd Degree (A Misd

. The C.M.S. is "depraved mind" (SUPER RECKLESS) and a grave risk of death is created.

reckless endangerment 1st Degree D Felony

concerns itself with the course of a person's initiation or affiliation with ANY organization. a Violation and, therefore, must be committed in your presence and your G.A.O.E. (or within 100 yards thereof) for you to lawfully effect an arrest as a police officer. It occurs when a substantial risk of P.I. occurs.

hazing 2nd degree violation

concerns itself with the course of a person's initiation or affiliation with ANY organization occurs when P.I. is caused

hazing 1st Degree A Misdemeanor

requires serious physical injury and impairment or intoxication. Be aware of Presumption re: cause of accident. -- Intending S.P.I., causing S.P.I., by means of a motor vehicle driven by a person whose license was suspended for D.W.I. is ASSAULT 1ST DEGREE. If currently intox., etc.,———- it may also be but ASSAULT 1ST DEGREE is a more serious offense.

VEHICULAR ASSAULT 1ST DEGREE

A PERSON IS GUILTY WHEN, WITH INTENT TO IMPEDE THE NORMAL BREATHING OR CIRCULATION OF THE BLOOD OF ANOTHER PERSON, HE OR SHE: a. APPLIES PRESSURE ON THE THROAT OR NECK OF SUCH PERSON; OR b. BLOCKS THE NOSE OR MOUTH OF SUCH PERSON.

121.11 CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION - A MISDEMEANOR

A PERSON IS GUILTY WHEN HE OR SHE CAUSES STUPOR, LOSS OF CONSCIOUSNESS FOR ANY PERIOD OF TIME, OR ANY OTHER PHYSICAL INJURY OR IMPAIRMENT.

121.12 STRANGULATION 2ND DEGREE - D FELONY

A PERSON IS GUILTY WHEN HE OR SHE COMMITS THE CRIME OF CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION, AS DEFINED IN SECTION 121.11 OF THIS ARTICLE, AND THEREBY CAUSES SERIOUS PHYSICAL INJURY TO SUCH OTHER PERSON.

121.13 STRANGULATION 1ST DEGREE - C FELONY

A Police Officer or Peace Officer -- commits CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION (121.11) OR -- uses a chokehold, etc. AND -– caused S.P.I. or Death.

121.13-a AGGRAVATED STRANGULATION - C FELONY

YES means NO). the victim being: -- L.T. 17 -- Mentallydisabled(permanentcondition) -- Mentallyincapacitated(temporarycondition) -- Physically helpless -- Prisoner, parolee, placed with Children's Services or client or patient of health care or mental health care provider.* (Be sure to read Section 130.05 of the Penal Law.)

Incapacity to consent

forcible compulsion by reason of some other factor other than incapacity to consent means a firm "NO" in a dating situation involving RAPE/ C.S.A. 3rd Degree. 4) The victim does not expressly or impliedly acquiesce in a sexual abuse or forcible touching situation (subway grabber).

lack of consent

lack of consent plus RAPE and CRIMINAL SEXUAL ACT are mirror offenses. The difference being RAPE involves sexual intercourse and C.S.A. involves oral or anal sexual conduct. -- Victim forcibly compelled -- Victim physically helpless -- Victim L.T. 11 -- Victim L.T. 13; defendant 18 or more

RAPE/CRIMINAL SEXUAL ACT 1ST DEGREE - B FELONY

RAPE/CRIMINAL SEXUAL ACT -- Victim L.T. 15; defendant 18 or more -- Victim mentally disabled/incapacitated

2ND DEGREE - D FELONY

RAPE/CRIMINAL SEXUAL ACT -- Victim L.T. 17; defendant 21 or more -- Lack of consent based on some factor other than incapacity to consent (firm "NO" in a dating situation) -- Victim incapable of consent by reason of some factor other than L.T. 17 (this is the prisoner, parolee, patient, etc.)

3RD DEGREE - E FELONY

-- Sexual intercourse without consent -- Oral/anal conduct without consent -- Animals/dead bodies

SEXUAL MISCONDUCT - A-MISDEMEANOR

——- beyond the sole testimony of the victim is required to convict when the victim is mentally disabled/incapacitated. (See 130.16.)

Corroboration

Sexual abuse, forcible touching, and aggravated sexual abuse came about when there is sexual contact (of various kinds) coupled with ——-

lack of consent

Persistent Sexual Abuse is an ——

e felony

The Predatory Sexual Assaults are ——-

a11 felony

In any prosecution in Article 130 it is an ———- that the defendant did not know of the facts and conditions responsible re: a mentally disabled/incapacitated, or physically helpless victim. See 130.10 for "outs" re: HEALTH CARE PROVIDERS. RAPE/C.S.A. 2ND DEGREE = —————- = defendant L.T. 4 years older in a 18 L.T. 15 situation.

AFFIRMATIVE DEFENSE

- This is the standard which must be met in order to satisfy UNLAWFUL IMPRISONMENT. It means to restrict a person's movements INTENTIONALLY and UNLAWFULLY in such a way as to substantially interfere with the person's liberty. This SUBSTANTIAL RESTRICTION can be accomplished by either: a) MOVING the person from one place to another, OR b) CONFINING the person either in the place where the restriction begins or in any place to which he has been moved. The SUBSTANTIAL RESTRICTION must be WITHOUT CONSENT of the "victim" and with knowledge that the restriction is unlawful. The SUBSTANTIAL RESTRICTION is said to be WITHOUT CONSENT if it is accomplished in either of the following ways: a) By using physical force, intimidation, or deception, OR b) By ANY MEANS WHATSOEVER, including consent of the victim, where the victim is: 1. A child under 16, OR 2. An INCOMPETENT.

RESTRAIN

- This is the standard which must be met in order to satisfy any degree of KIDNAPPING. It means to RESTRAIN a person WITH INTENT to prevent his liberation by doing either of the following: a) Secreting or holding him in a place where he is NOT LIKELY to be found, b) Using or threatening to use DEADLY PHYSICAL FORCE against him. NOTE: If we satisfy the defined term ——, we have always at least satisfied the defined term RESTRAIN.

ABDUCT

RELATIVE - This term has a very RESTRICTED meaning. It includes only the following: a) Parents b) Ancestors (grandparents, etc.) c) Brother d) Sister e) Uncle f) Aunt The foregoing definition is very important because of the ————- which exist in relation to KIDNAPPING and UNLAWFUL IMPRISONMENT. These ————/ are ONLY AVAILABLE to RELATIVES. You must remember that the word RELATIVE refers to the relationship of the defendant to the victim and not vice-versa. E.g.: Suppose Roger, age 23, decides to take control over his UNCLE, who is only 15. Roger wishes only to assume control over his young uncle. a) Is Roger a RELATIVE as that term is defined in Article 135? NO b) Would Roger qualify for the ———/? NO

AFFIRMATIVE DEFENSES

A person commits this offense when he ABDUCTS another person. As a practical matter, when you are trying to answer a ——— question, check out your facts FIRST against the necessary elements of KIDNAPPING 1ST DEGREE. If you FAIL to satisfy that offense, but you do have an ABDUCTION, it be ————-.

135.20 KIDNAPPING 2ND DEGREE - Class B Felony

1ST WAY 1. A person is guilty of this offense when he ABDUCTS another person with intent to: Compel a third person to a) pay or deliver MONEY or PROPERTY as ransom, OR b) engage in particular conduct (e.g., compel police to release a prisoner), OR c) refrain from engaging in particular conduct (e.g., cancel a scheduled execution, etc.). NOTE: There is NO SPECIFIED DURATION for the abduction to last in the above situation. Theoretically, a 5 minute abduction, engaged in with the PROPER INTENT, will satisfy——— and may subject the defendant to LIFE IMPRISONMENT. When answering a ———- question, consider the above elements first. If you can't satisfy all the elements, see if you can squeeze it into either of the two remaining ways of committing ———- 2ND WAY 2. A person is guilty of ——— when he ABDUCTS another person and when the victim is RESTRAINED for more than 12 hours with INTENT to do any of the following: a) Inflict PHYSICAL INJURY upon the victim, or to violate him OR b) accomplish or advance the commission of a FELONY, sexually, OR c) terrorize the VICTIM or a THIRD PERSON, OR d) interfere with the performance of a governmental or political function. NOTE: In this case, the restraint must last for MORE THAN 12 hours. If it does NOT, and we only have an ABDUCTION, it will drop down into 2nd Degree. POINT: In several cases, the Court of Appeals refused to recognize as a ——— a ROBBERY which was executed in part by means of a BRIEF abduction. They said it MERGES into ——— or UNLAWFUL IMPRISONMENT. BUT - theoretically, if there is an ABDUCTION, there is a ———-. Whether the abduction is BRIEF or not will be a FACT question, so make the arrest. 3RD WAY 3. NOTE: The LENGTH of TIME that the abduction lasts has nothing to do with this form of ——- NOTE FURTHER: The DEATH of the victim may be PRESUMED in this case upon a showing that persons whom the victim would have been certain to contact if he were alive and free to do so, have not heard from him, etc. A person is guilty of ———- when he ABDUCTS another person and when the victim DIES: a) DURING the abduction, OR b) BEFORE he is able to return to safety, OR c) BEFORE he is able to BE RETURNED to safety.

135.25 KIDNAPPING 1ST DEGREE - Class A Felony

135.30 KIDNAPPING - In ANY prosecution for Kidnapping (including 1st Degree in a proper case), the defendant has an ———- if he can prove by a PREPONDERANCE of the evidence: 1. that he was a RELATIVE of the victim, AND 2. that his sole purpose in abducting the victim was to assume control over the victim

Affirmative Defense

A person commits this offense when he RESTRAINS another person

135.05 UNLAWFUL IMPRISONMENT 2ND DEGREE - Class A Misdemeanor

A person commits this offense when he RESTRAINS another person under circumstances which EXPOSE that person to a RISK of SERIOUS PHYSICAL INJURY

135.10 UNLAWFUL IMPRISONMENT 1ST DEGREE - Class E Felony

—— TO UNLAWFUL IMPRISONMENT 1. Defendant is a RELATIVE, AND 2. SOLE purpose is CONTROL, AND 3. "VICTIM" is under 16 years of age

AFFirmative DEFENSE

BUT - even if this AFFIRMATIVE DEFENSE is raised, the defendant doesn't get off the hook. He moves LATERALLY into ———- for which there is no AFFIRMATIVE DEFENSE in this instance.

CUSTODIAL INTERFERENCE

A person can commit this offense in either of two ways: 1. Being a RELATIVE of a CHILD under 16, and intending to hold such child PERMANENTLY or for a PROTRACTED PERIOD, and KNOWING that he has no LEGAL RIGHT to do so, he TAKES or ENTICES such child from his lawful custodian. NOTE: This is the usual HUSBAND and WIFE situation where one runs off with the KIDS after the court has given custody to the other. 2. KNOWING that he has no LEGAL RIGHT to do so, he TAKES or ENTICES from LAWFUL CUSTODY: a) any INCOMPETENT person, OR AND 3. "VICTIM" is under 16 years of age. b) any OTHER PERSON entrusted by authority of law to the custody of another person or institution. NOTE: This subdivision encompasses NON-RELATIVES as well.

135.45 CUSTODIAL INTERFERENCE 2ND DEGREE - Class A Misdemeanor

One of the differences between 1st Degree and 2nd Degree is the RISK involved. It is 1st Degree when the CUSTODIAL INTERFERENCE takes place under circumstances which expose the "VICTIM" to a RISK: 1. that his SAFETY will be endangered, OR 2. that his health will be MATERIALLY impaired. NOTE: Taking a sick child and keeping it in a hotel room without proper medical care, etc., would satisfy this degree. Another difference = intending to remove "VICTIM" permanently from state. There is an AFFIRMATIVE DEFENSE if "VICTIM" was abandoned OR the taking was to protect "VICTIM," etc.

135.50 CUSTODIAL INTERFERENCE 1ST DEGREE - Class E Felony

The concept of COERCION is either: 1. COMPELLING a person to DO something that he has a right NOT to do, OR 2. COMPELLING a person NOT to do something that he has a right to do. In either event, the COMPULSION is accomplished by THREATENING the victim in any one of several ways. If one of the lesser threats is used to COMPEL the conduct, the charge is ——-.

COERCION 3RD DEGREE

If one of the lesser threats is used to COMPEL Article 130 sexual intercourse, oral sexual conduct or anal sexual conduct, the charge is ——.

COERCION 2ND DEGREE

If one of the very serious threats is used to COMPEL the conduct, the defendant has committed ——.

COERCION 1ST DEGREE

THE THREAT IS IMPORTANT Threaten to: 1. Cause PHYSICAL INJURY 2. Cause DAMAGE to PROPERTY 3. Engage in CRIME 4. Accuse of a CRIME 5. Expose SECRET 6. Cause STRIKE or BOYCOTT 7. Give FALSE TESTIMONY, or WITHHOLD TESTIMONY 8. Use or abuse POSITION as PUBLIC SERVANT 9. CATCH ALL - covers just about everything 10. Report immigration status (EFF. 11/7/2021)

COERCION 3RD DEGREE

THE THREAT IS IMPORTANT Bad Guy Threatens to: 1. Cause PHYSICAL INJURY 2. Cause DAMAGE to PROPERTY -OR- THE CONDUCT COMPELLED IS IMPORTANT - THREAT BY BAD GUY CAN BE ANY OF THE NINE 1. Victim commits or attempts a FELONY 2. Victim caused/attempt PHYSICAL INJURY 3. Victim violates duty as PUBLIC SERVANT

COERCION 1ST DEGREE

NOTE WELL: Many people have a difficult time trying to distinguish between COERCION 1ST DEGREE and 3RD DEGREE when the threat involved is to: 1. CAUSE PHYSICAL INJURY, OR 2. CAUSE DAMAGE TO PROPERTY. It really isn't that tough to understand. Suppose someone commits COERCION where the threat is PHYSICAL INJURY. What CHARGE should be lodged against him? ———- Could he PLEAD GUILTY to COERCION 3RD DEGREE and still be covered under the law? YES

COERCION 1ST DEGREE

"A person is guilty of criminal trespass in the third degree when he knowingly ENTERS or REMAINS UNLAWFULLY in a building, etc."

140.10 CRIMINAL TRESPASS 3RD DEGREE - B MISDEMEANOR

"A person is guilty of burglary in the third degree when he knowingly ENTERS or REMAINS UNLAWFULLY in a building with INTENT TO COMMIT A CRIME THEREIN."

140.20 BURGLARY 3RD DEGREE - D FELONY

"——" includes the term "BUILDING," and ANY real property.

PREMISES

——-" has its ORDINARY MEANING, and also includes: a) ANY VEHICLE, STRUCTURE, or WATERCRAFT used: 1. For the OVERNIGHT LODGING of persons, OR 2. By persons for CARRYING ON BUSINESS therein, OR 3. As an ELEMENTARY OR SECONDARY SCHOOL. NOTE WELL: The term "——-" is very important and you must understand it. An ORDINARY building is a house, a factory, a garage, etc. A NOT-SO-ORDINARY —— is a houseboat, a house trailer, a camping tent, an inclosed motor truck, etc. Before ANY degree of Burglary can occur, there must be a ——- involved.

BUILDING

——"" means a BUILDING which is USUALLY occupied by someone LODGING therein at night. NOTE: Every —— is a BUILDING, but not every building is a ———.

DWELLING

——-" - This is a difficult concept, but it is important for a full understanding of BURGLARY or TRESPASS. Neither Burglary nor Criminal Trespass can occur unless someone ——-." A person is said to "———" when he is not LICENSED or PRIVILEGED to enter or remain. The question is, then, "When is someone LICENSED or PRIVILEGED to enter or remain?" RULES a) IF THE PREMISES INVOLVED ARE OPEN TO THE PUBLIC (stores, commercial establishments, etc.), then ANYONE is LICENSED or PRIVILEGED to ENTER or REMAIN, REGARDLESS of his INTENT, unless: 1. A LAWFUL ORDER 2. NOT TO ENTER OR REMAIN 3. IS PERSONALLY COMMUNICATED TO HIM 4. BY SOMEONE IN AUTHORITY. b) IF THE PREMISES INVOLVED IS UNIMPROVED AND APPARENTLY UNUSED LAND, which is NEITHER FENCED NOR ENCLOSED in a manner designed to EXCLUDE INTRUDERS, then anyone is LICENSED or PRIVILEGED to ENTER or REMAIN unless: 1. NOTICEAGAINSTTRESPASSIS: a) PERSONALLY COMMUNICATED TO HIM by an authorized person, OR b) POSTED IN A CONSPICUOUS MANNER. NOTE WELL: Compare the situation of the premises OPEN to the PUBLIC with the UNIMPROVED and UNUSED LAND. When the premises are OPEN TO THE PUBLIC (stores, etc.), notice must be PERSONALLY COMMUNICATED. A posted sign is NOT SUFFICIENT. In the case of the UNIMPROVED and UNUSED LAND, however, notice against trespass may be PERSONALLY COMMUNICATED or may be done through CONSPICUOUS POSTING OF SIGNS. c) If the premises involved is a SCHOOL BUILDING, you enter or remain WITHOUT LICENSE OR PRIVILEGE unless: 1. You have WRITTEN PERMISSION from someone in authority, OR 2. You have LEGITIMATE REASON which includes a relationship involving CUSTODY, or RESPONSIBILITY, for a student or pupil, OR 3. You have LEGITIMATE BUSINESS or a purpose relating to the operation of the school. NOTE WELL: This subdivision was added to the law years ago in order to accommodate a change in CRIMINAL TRESPASS 3RD DEGREE. However, the language used in CRIMINAL TRESPASS 3RD DEGREE as amended causes a problem of understanding. An acceptable interpretation is that a fenced or enclosed SCHOOL YARD is in the same category as a BUILDING. See 140.10 P.L. Furthermore, children's overnight camps, summer day camps, public housing projects, railroad rights-of-way are also subjects of Criminal Trespass. See 140.10 P.L. and various subdivisions.

ENTER or REMAIN UNLAWFULLY

is represented by the code word B-I-K-E. This stands for: B = Building I = Intent to commit crime therein K = Knowingly E = Enter or remain unlawfully

BURGLARY 3RD DEGREE

is represented by the code words D-I-K-E or A-B-I-K-E. These stand for: D = Dwelling I = Intent to commit crime therein K = Knowingly E = Enter or remain unlawfully OR A = Aggravating factor B = Building I = Intent to commit crime therein K = Knowingly E = Enter or remain unlawfully The code word for the aggravating factors is P-A-I-D. P = Physical injury to a non-participant A = I = D = Armed with an explosive or deadly weapon Use or threaten the use of a dangerous instrument Display what appears to be a pistol, revolver, rifle, shotgun, machine gun, or other firearm The aggravating factor can occur while entering, while inside, or while in immediate flight.

BURGLARY 2ND DEGREe

is represented by the code words A-D-I-K-E. This stands for: A = Aggravating factor D = Dwelling I = Intent to commit crime therein K = Knowingly E = Enter or remain unlawfully The code word for the aggravating factors is P-A-I-D. P = Physical injury to a non-participant A = I = D = Armed with an explosive or deadly weapon Use or threaten the use of a dangerous instrument Display what appears to be a pistol, revolver, rifle, shotgun, machine gun, or other firearm The aggravating factor can occur while entering, while inside, or while in immediate flight.

BURGLARY 1ST DEGREE

We can go from Burglary 2nd Degree to Burglary 1st Degree by adding an aggravating factor to the code word D-I-K-E so it becomes A-D-I-K-E. The aggravating factors are the same (P-A-I-D) so just add any one of P-A-I-D TO D-I-K-E and you have BURGLARY 1ST DEGREE. There is an —— to Burglary 1st Degree that if the "GUN" displayed was not a loaded, working gun the defendant will be guilty of Burglary 2nd Degree. NOTE WELL: The AGGRAVATING FACTORS in A-B-I-K-E and A-D-I-K-E are essentially the same, except for the —— to 1st Degree. Remember, an ——- must be established by the defendant with a preponderance of the evidence.

affirmative defense

This offense occurs when someone KNOWINGLY ENTERS or REMAINS UNLAWFULLY in or NOTE: The term PREMISES is defined as a "building" or any "real property." In order to go from a mere Trespass to the various degrees of ——-, the word premises is discarded, and more specific language is used.

140.05 TRESPASS - A VIOLATION

This occurs when you trespass in either: 1. A BUILDING, OR 2. Real property which is fenced or enclosed in a manner designed to exclude intruders, 3. An elementary or secondary school building, etc., in violation of conspicuously posted rules or regulations, OR in violation of a personally communicated request from someone in authority. Remember, DAY CAMPS, OVERNIGHT CAMPS, PUBLIC HOUSING PROJECTS, and RAILROAD RIGHTS-OF-WAY are also covered.

140.10 CRIMINAL TRESPASS 3RD DEGREE - B MISDEMEANOR

This occurs when someone trespasses in a DWELLING. NOTE THIS WELL! NOTE: A DWELLING is defined as a BUILDING which is USUALLY occupied by someone lodging therein at night.

140.15 CRIMINAL TRESPASS 2ND DEGREE - A MISDEMEANOR

This occurs when someone trespasses in a BUILDING, and when, in the course of committing such crime, he: 1. POSSESSES, or knows that another participant possesses, an EXPLOSIVE or a DEADLY WEAPON, OR 2. POSSESSES a FIREARM, RIFLE, or SHOTGUN and also possesses or has readily accessible a quantity of ammunition which is capable of being discharged from such firearm, rifle, or shotgun, OR 3. KNOWS that another participant is armed as in #2. The code word P.T.S. uses for ——— is BUILDING + FREDS AMMO: BUILDING + F = Firearm R = Rifle E = Explosive D = Deadly weapon S = Shotgun AND has the AMMO readily accessible.

140.17 CRIMINAL TRESPASS 1ST DEGREE - D FELONY

Any tool, instrument, or article adapted, designed, or used for committing forcible entry or larceny by physical taking, or certain theft of services and under circumstances evincing an unlawful intent. It would seem that this is less than having an unlawful intent. Keep in mind ———- is more serious than Criminal Trespass 3rd Degree.

140.35 POSSESSION OF BURGLAR'S TOOLS - A MISDEMEANOR

-- Any device capable of: 1. Receiving police frequencies, OR 2. Receiving or transmitting a wireless police communication with intent to use in the commission of Robbery, Burglary, Larceny, Gambling, or Controlled Substance offenses. NOTE that Murder is not in the list.

140.40 UNLAWFUL POSSESSION OF RADIO DEVICES - B MISDEMEANOR

-- Tamper with property intending substantial inconvenience to a person. The examiners go to this section. Think letting the air out of someone's tires or rearranging files.

145.14 CRIMINAL TAMPERING 3RD DEGREE - B MISDEMEANOR

-- Involves tampering with public services or utilities. There is affirmative defense to It comes about when the defendant did not engage in the conduct for larcenous or unlawful purposes.

145.15 CRIMINAL TAMPERING 2ND DEGREE - A MISDEMEANOR

-- Involves tampering with public services or utilities and if a substantial impairment or interruption occurs..

145.20 CRIMINAL TAMPERING 1ST DEGREE - D FELONY

Includes etching, painting, covering or drawing on public or private property, be it real property or otherwise.

145.60 MAKING GRAFFITI - A MISDEMEANOR --

-- Possess any tool, instrument, article or substance under "circumstances evincing an intent to damage property." It would seem that this is less than "intent." See Possession of Burglars Tools (140.35).

145.65 POSSESSION OF GRAFFITI INSTRUMENTS - B MISDEMEANOR

Intentional damage to the property of another by an intentional fire or explosion. (As you will see later Felony Arsons involve special kinds of property: buildings and motor vehicles.). There is a big difference in punishment between the two. Be careful of the wording, "The most serious charge..."

150.01 ARSON 5TH DEGREE - A MISDEMEANOR

ARTICLE 150 - ARSON We have previously discussed ARSON 5TH DEGREE. For Arson to escalate to a felony, a special kind of property, a building or motor vehicle, must be involved. In order to effectively apply the Arson statutes you must know these definitions which, themselves, have been the subject of examination questions. ——- have their ordinary meaning and include any vehicle, structure or watercraft used for the overnight lodging of persons or for carrying on business therein. MOTOR VEHICLE is every vehicle operated on a public highway which is propelled by any power other than muscular power, except: ELECTRIC WHEELCHAIRS, VEHICLES WHICH RUN EXCLUSIVELY ON RAILS OR TRACKS, AND SNOWMOBILES. HOUSEBOATS and HOT DOG TRUCKS are buildings. SLEEPER CARS in a train are neither buildings nor motor vehicles.

BUILDINGS

This is a very DIGESTED version of all the FELONY ARSON provisions. Please note the following: 1. In ——, the FIRE/EXPLOSION is INTENTIONAL, but the DAMAGE is RECKLESS.

4th degree

This is a very DIGESTED version of all the FELONY ARSON provisions. Please note the following: 2. In ——-, the FIRE/EXPLOSION is INTENTIONAL, and so is the DAMAGE.

3rd degree

In ——, an INTENTIONAL FIRE (not explosion) is required, and it is ABSOLUTELY ESSENTIAL that a NON-PARTICIPANT be inside at the time. Furthermore, the arsonist must either KNOW or the circumstances must be such that he SHOULD KNOW the non-participant is inside.

2nd degree arson felony

In , the same NON-PARTICIPANT requirement as in 2nd Degree is present and, in addition, one of the four (4) G-E-M-S MUST be present: G-E-M-S G = Gain...it is done for profit. (Usually insurance) E = Explosive...the means used is an EXPLOSIVE M = Molotov Cocktail...the law says "incendiary device." S = Serious Physical Injury...caused to a non-participant

1st degree arson felony

1. INTENTIONALLY START FIRE OR CAUSE EXPLOSION, AND 2. RECKLESSLY DAMAGE BUILDING OR MOTOR VEHICLE, BUT 3. THERE IS AN AFF. DEF. IF NO OTHER PERSON HAS POSSESSORY OR PROPRIETARY INTEREST IN BUILDING OR MOTOR VEHICLE.

150.05 4TH DEGREE - E FELONY

1. INTENTIONALLY START FIRE OR CAUSE EXPLOSION, AND 2. INTENTIONALLY DAMAGE BUILDING OR MOTOR VEHICLE, BUT 3. THERE IS AN AFF. DEF. IF: - NO OTHER PERSON HAS POSSESSORY OR PROPRIETARY INTEREST, OR - IF SOMEONE DOES, HE GAVE CONSENT, AND - THE DAMAGE WAS DONE FOR A LAWFUL PURPOSE, AND - THERE WAS NO REASONABLE GROUND TO BELIEVE ANY OTHER PERSONS, BUILDING, OR MOTOR VEHICLE WOULD BE DAMAGED.

150.10 3RD DEGREE - C FELONY

1. INTENTIONALLY START FIRE, AND 2. INTENTIONALLY DAMAGE BUILDING OR MOTOR VEHICLE, AND 3. A NON-PARTICIPANT IS INSIDE AT THE TIME, AND EITHER 4. YOU KNOW HE'S IN IT, OR YOU SHOULD HAVE KNOWN.

150.15 2ND DEGREE - B FELONY

1. INTENTIONALLY START FIRE, AND 2. INTENTIONALLY DAMAGE BUILDING OR MOTOR VEHICLE, AND 3. A NON-PARTICIPANT IS INSIDE AT THE TIME, AND EITHER 4. YOU KNOW HE'S IN IT, OR YOU SHOULD HAVE KNOWN. IF YOU ADD ONE OF THE FOUR G-E-M-S G = GAIN (PROFIT, FINANCIAL GAIN, ETC.) E = EXPLOSIVE (INSTEAD OF FIRE) M = MOLOTOV COCKTAIL (INCENDIARY DEVICE) S = SERIOUS PHYSICAL INJURY TO NON-PARTICIPANT. NOTE: BOTH ARSON 1ST DEGREE AND ARSON 2ND DEGREE WILL MAKE 14 OR 15 YEAR OLD BECOME A JUVENILE OFFENDER. KEEP IN MIND: -- Damage is damage no matter how slight. -- Occupancy of the building is determined when the fire/explosion is set. -- Felony Arsons are predicates for Felony Murder. -- Arson plays heavily into Article 35, the Defense of Justification (DR-BARKS and B-A-K-E). -- 14 and 15 year olds are JUVENILE OFFENDERS for ARSON 1ST and ARSON 2ND DEGREES (the occupied ARSONS). Despite the fact that Arson is not something most police officers get involved with, it is an offense which "sounds bad" (like Murder) and has many concepts connected with it making it prime territory for the examiners.

150.20 1ST DEGREE - A-I FELONY

—— is: -- MONEY -- PERSONAL PROPERTY -- EVIDENCE OF DEBT -- COMPUTER DATA/PROGRAM -- THING IN ACTION -- ANY ARTICLE, SUBSTANCE, OR THING OF VALUE INCLUDING GAS, STEAM, WATER, OR ELECTRICITY* PROVIDED FOR CHARGE OR COMPENSATION. * GAS, STEAM, WATER OR ELECTRICITY IS BOTH PROPERTY AND A SERVICE.

PROPERTY

—— means to withhold permanently or for an extended period so that the major portion of economic value is lost or render it unlikely that the owner will recover it.

DEPRIVE

——- means to exercise control or aid a third person to exercise control over property permanently or for an extended period to acquire a major portion of economic benefit or dispose of for the benefit of yourself or a third person.

APPROPRIATE

WAYS OF COMMITTING ——- -- TRESPASSORY TAKING -- TRICK -- EMBEZZLEMENT -- FALSE PRETENSES -- ACQUIRING LOST PROPERTY -- ISSUING A BAD CHECK -- FALSE PROMISE -- EXTORTION -- WAGE THEFT

LARCENY

——- occurs when a person, pursuant to a SCHEME TO DEFRAUD, obtains property by representing that he or a third person will engage in future conduct and does not engage in such conduct. False promise MAY NOT be established or inferred from the fact alone that the promise was not performed. The proof of the false promise must be based on facts and circumstances that are wholly consistent with guilty intent and wholly inconsistent with innocence excluding to a moral certainty every hypothesis except that of the defendant's intention or belief that the promise not be performed. In practice, Larceny by False Promise is very difficult to prove.

FALSE PROMISE

LARCENY BY ———- occurs when a person compels the delivery of property by instilling a fear that he or a third person will: -- CAUSE FUTURE P.I. } These are "SERIOUS" -- CAUSE PROPERTY DAMAGE } threats and constitute -- USE OR ABUSE HIS POSITION AS A PUBLIC SERVANT } GRAND LARCENY 2ND DEGREE -- ENGAGE IN A CRIME -- EXPOSE A SECRET (true or not) -- CAUSE AN UNLAWFUL STRIKE OR BOYCOTT -- TESTIFY OR WITHHOLD TESTIMONY -- ANY OTHER ACT CALCULATED TO HARM, ETC Compare the Extortion threats with the threats in Coercion. Coercion involves compelling conduct whereas Extortion involves compelling the delivery of property.

EXTORTION

LARCENY OFFENSES The seriousness of a Larceny is generally dependent on 3 factors: -- The ——of the property taken; -- The ——- of the property taken; -- The ——— in which the property was taken.

value nature manner

Steal property. (By operation this boils down to stealing property valued at $1,000 or less.)

155.25 PETIT LARCENY - A MISDEMEANOR

Utilize the P.T.S. code word C-C G-R-A-P-E-S R-A-M C = CREDIT/DEBIT CARD C = CAR - motor vehicle M.T. $100 (not a motorcycle) G = GUN (firearms, rifles, shotguns) R = RECORD (public record) A = AMOUNT - M.T. $1,000 P = PERSON (from the person) * E = EXTORTION S = SECRET SCIENTIFIC MATERIAL ** R = RELIGIOUS ARTICLE AT LEAST $100 A = ACCESS DEVICE (not a public benefit card) M = METHAMPHETAMINE PRECURSORS (liquefied ammonia gas or anhydrous ammonia) * The serious extortion threats are appropriately charged as Grand Larceny 2nd Degree. ** Note the value of the religious article is AT LEAST $100. This is different than all of the other dollar values in Larceny which are framed as MORE THAN. BE CAREFUL!

155.30 GRAND LARCENY 4TH DEGREE - E FELONY

-- Steal M.T. $3,000. OR -- Steal ATM or its contents

155.35 GRAND LARCENY 3RD DEGREE - D FELONY

-- Steal M.T. $50,000 OR the "SERIOUS" extortion threats of -- Future P.I. -- Property damage -- Use/abuse position as public servant. NOTE: see also, 155.43 Aggravated Grand Larceny of an ATM – Class C Felony

155.40 GRAND LARCENY 2ND DEGREE - C FELONY

-- Steal M.T. $50,000 OR the "SERIOUS" extortion threats of -- Future P.I. -- Property damage -- Use/abuse position as public servant.

155.40 GRAND LARCENY 2ND DEGREE - C FELONY

100

-- Steal M.T. $1,000,000.

155.42 GRAND LARCENY 1ST DEGREE - B FELONY

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問題一覧

juvenile offender

shall be defined as provided for in section three hundred ninety of the social services law.

child daycare provider

drug trafficking felony

Male 21, female 17, sexual intercourse =

NO OFFENSE

Male 21, female 16, sexual intercourse =

RAPE 3RD DEGREE

female 16, sexual intercourse =

SEXUAL MISCONDUCT

Female 18, male 14, anal conduct =

C.S.A. 2ND DEGREE

Female 18, male 15, anal conduct =

SEXUAL MISCONDUCT

Memorize the ages in RAPE and CRIMINAL SEXUAL ACT. Any age not fitting into RAPE or C.S.A. involving sexual intercourse or oral/anal conduct will be

SEXUAL MISCONDUCT.

145.00 CRIMINAL MISCHIEF 4TH DEGREE - A Misdemeanor

145.05 CRIMINAL MISCHIEF 3RD DEGREE - E FELONY

145.10 CRIMINAL MISCHIEF 2ND DEGREE - D FELONY

1. Intentional damage by means of an explosive (any amount)

145.12 CRIMINAL MISCHIEF 1ST DEGREE - B FELONY

photo?

120.00 ASSAULT 3RD DEGREE

photo?

120.05 ASSAULT 2ND DEGREE

is accomplished by "physical menace." This would include a "choking" scenario while no P.I. is caused.

3rd Degree menace (B Misd.)

2nd Degree menace (A Misd.)

) comes about by virtue of committing Menacing 2nd Degree and having certain prior Menacing convictions within 10 years.

1st degree menace (e felony)

.) requires a RECKLESS C.M.S. with a risk of S.P.I. If a risk of P.I. was created there would not be enough to satisfy this offense.

rECKLESS ENDANGERMENT 2nd Degree (A Misd

. The C.M.S. is "depraved mind" (SUPER RECKLESS) and a grave risk of death is created.

reckless endangerment 1st Degree D Felony

hazing 2nd degree violation

concerns itself with the course of a person's initiation or affiliation with ANY organization occurs when P.I. is caused

hazing 1st Degree A Misdemeanor

VEHICULAR ASSAULT 1ST DEGREE

121.11 CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION - A MISDEMEANOR

A PERSON IS GUILTY WHEN HE OR SHE CAUSES STUPOR, LOSS OF CONSCIOUSNESS FOR ANY PERIOD OF TIME, OR ANY OTHER PHYSICAL INJURY OR IMPAIRMENT.

121.12 STRANGULATION 2ND DEGREE - D FELONY

121.13 STRANGULATION 1ST DEGREE - C FELONY

A Police Officer or Peace Officer -- commits CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION (121.11) OR -- uses a chokehold, etc. AND -– caused S.P.I. or Death.

121.13-a AGGRAVATED STRANGULATION - C FELONY

Incapacity to consent

lack of consent

RAPE/CRIMINAL SEXUAL ACT 1ST DEGREE - B FELONY

RAPE/CRIMINAL SEXUAL ACT -- Victim L.T. 15; defendant 18 or more -- Victim mentally disabled/incapacitated

2ND DEGREE - D FELONY

3RD DEGREE - E FELONY

-- Sexual intercourse without consent -- Oral/anal conduct without consent -- Animals/dead bodies

SEXUAL MISCONDUCT - A-MISDEMEANOR

——- beyond the sole testimony of the victim is required to convict when the victim is mentally disabled/incapacitated. (See 130.16.)

Corroboration

Sexual abuse, forcible touching, and aggravated sexual abuse came about when there is sexual contact (of various kinds) coupled with ——-

lack of consent

Persistent Sexual Abuse is an ——

e felony

The Predatory Sexual Assaults are ——-

a11 felony

AFFIRMATIVE DEFENSE

RESTRAIN

ABDUCT

AFFIRMATIVE DEFENSES

135.20 KIDNAPPING 2ND DEGREE - Class B Felony

135.25 KIDNAPPING 1ST DEGREE - Class A Felony

Affirmative Defense

A person commits this offense when he RESTRAINS another person

135.05 UNLAWFUL IMPRISONMENT 2ND DEGREE - Class A Misdemeanor

A person commits this offense when he RESTRAINS another person under circumstances which EXPOSE that person to a RISK of SERIOUS PHYSICAL INJURY

135.10 UNLAWFUL IMPRISONMENT 1ST DEGREE - Class E Felony

—— TO UNLAWFUL IMPRISONMENT 1. Defendant is a RELATIVE, AND 2. SOLE purpose is CONTROL, AND 3. "VICTIM" is under 16 years of age

AFFirmative DEFENSE

BUT - even if this AFFIRMATIVE DEFENSE is raised, the defendant doesn't get off the hook. He moves LATERALLY into ———- for which there is no AFFIRMATIVE DEFENSE in this instance.

CUSTODIAL INTERFERENCE

135.45 CUSTODIAL INTERFERENCE 2ND DEGREE - Class A Misdemeanor

135.50 CUSTODIAL INTERFERENCE 1ST DEGREE - Class E Felony

COERCION 3RD DEGREE

If one of the lesser threats is used to COMPEL Article 130 sexual intercourse, oral sexual conduct or anal sexual conduct, the charge is ——.

COERCION 2ND DEGREE

If one of the very serious threats is used to COMPEL the conduct, the defendant has committed ——.

COERCION 1ST DEGREE

COERCION 3RD DEGREE

COERCION 1ST DEGREE

"A person is guilty of criminal trespass in the third degree when he knowingly ENTERS or REMAINS UNLAWFULLY in a building, etc."

140.10 CRIMINAL TRESPASS 3RD DEGREE - B MISDEMEANOR

"A person is guilty of burglary in the third degree when he knowingly ENTERS or REMAINS UNLAWFULLY in a building with INTENT TO COMMIT A CRIME THEREIN."

140.20 BURGLARY 3RD DEGREE - D FELONY

"——" includes the term "BUILDING," and ANY real property.

PREMISES

BUILDING

——"" means a BUILDING which is USUALLY occupied by someone LODGING therein at night. NOTE: Every —— is a BUILDING, but not every building is a ———.

DWELLING

ENTER or REMAIN UNLAWFULLY

is represented by the code word B-I-K-E. This stands for: B = Building I = Intent to commit crime therein K = Knowingly E = Enter or remain unlawfully

BURGLARY 3RD DEGREE

BURGLARY 2ND DEGREe

BURGLARY 1ST DEGREE

affirmative defense

140.05 TRESPASS - A VIOLATION

140.10 CRIMINAL TRESPASS 3RD DEGREE - B MISDEMEANOR

This occurs when someone trespasses in a DWELLING. NOTE THIS WELL! NOTE: A DWELLING is defined as a BUILDING which is USUALLY occupied by someone lodging therein at night.

140.15 CRIMINAL TRESPASS 2ND DEGREE - A MISDEMEANOR

140.17 CRIMINAL TRESPASS 1ST DEGREE - D FELONY

140.35 POSSESSION OF BURGLAR'S TOOLS - A MISDEMEANOR

140.40 UNLAWFUL POSSESSION OF RADIO DEVICES - B MISDEMEANOR

-- Tamper with property intending substantial inconvenience to a person. The examiners go to this section. Think letting the air out of someone's tires or rearranging files.

145.14 CRIMINAL TAMPERING 3RD DEGREE - B MISDEMEANOR

-- Involves tampering with public services or utilities. There is affirmative defense to It comes about when the defendant did not engage in the conduct for larcenous or unlawful purposes.

145.15 CRIMINAL TAMPERING 2ND DEGREE - A MISDEMEANOR

-- Involves tampering with public services or utilities and if a substantial impairment or interruption occurs..

145.20 CRIMINAL TAMPERING 1ST DEGREE - D FELONY

Includes etching, painting, covering or drawing on public or private property, be it real property or otherwise.

145.60 MAKING GRAFFITI - A MISDEMEANOR --

145.65 POSSESSION OF GRAFFITI INSTRUMENTS - B MISDEMEANOR

150.01 ARSON 5TH DEGREE - A MISDEMEANOR

BUILDINGS

This is a very DIGESTED version of all the FELONY ARSON provisions. Please note the following: 1. In ——, the FIRE/EXPLOSION is INTENTIONAL, but the DAMAGE is RECKLESS.

4th degree

This is a very DIGESTED version of all the FELONY ARSON provisions. Please note the following: 2. In ——-, the FIRE/EXPLOSION is INTENTIONAL, and so is the DAMAGE.

3rd degree

2nd degree arson felony

1st degree arson felony

150.05 4TH DEGREE - E FELONY

150.10 3RD DEGREE - C FELONY

1. INTENTIONALLY START FIRE, AND 2. INTENTIONALLY DAMAGE BUILDING OR MOTOR VEHICLE, AND 3. A NON-PARTICIPANT IS INSIDE AT THE TIME, AND EITHER 4. YOU KNOW HE'S IN IT, OR YOU SHOULD HAVE KNOWN.

150.15 2ND DEGREE - B FELONY

150.20 1ST DEGREE - A-I FELONY

PROPERTY

—— means to withhold permanently or for an extended period so that the major portion of economic value is lost or render it unlikely that the owner will recover it.

DEPRIVE

APPROPRIATE

WAYS OF COMMITTING ——- -- TRESPASSORY TAKING -- TRICK -- EMBEZZLEMENT -- FALSE PRETENSES -- ACQUIRING LOST PROPERTY -- ISSUING A BAD CHECK -- FALSE PROMISE -- EXTORTION -- WAGE THEFT

LARCENY

FALSE PROMISE

EXTORTION

value nature manner

Steal property. (By operation this boils down to stealing property valued at $1,000 or less.)

155.25 PETIT LARCENY - A MISDEMEANOR

155.30 GRAND LARCENY 4TH DEGREE - E FELONY

-- Steal M.T. $3,000. OR -- Steal ATM or its contents

155.35 GRAND LARCENY 3RD DEGREE - D FELONY

155.40 GRAND LARCENY 2ND DEGREE - C FELONY

-- Steal M.T. $50,000 OR the "SERIOUS" extortion threats of -- Future P.I. -- Property damage -- Use/abuse position as public servant.

155.40 GRAND LARCENY 2ND DEGREE - C FELONY

100

-- Steal M.T. $1,000,000.

155.42 GRAND LARCENY 1ST DEGREE - B FELONY