penal law

100問 • 2年前

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any conduct for which a perso maybe fined or imprisoned

offense

violation or traffic infraction

petty offense

felony or misdemeanor

crime

violation of any regulation or rule governing traffic by section one hundred fifty-five of the vehicle and traffic law.

traffic infraction

any offense other than a traffic violation for which a sentence up to 15 may be imposed

violation

aware of and disregards risk

reckless

goal, plan, aim, or purpose

intentionally

fails to perceive risk

criminal negligent

aware that conduct is illegal

knowingly

criminal liability of conduct of another

pl 20

criminal liability for conduct of another, no defense

pl 20.05

criminal liability for conduct of another, exemption

pl 20.10

conviction of different degrees of offense

pl 20.15

defense of infancy

less than 16 years old

authorized by law, public servants duties

justification

mental disease/defect, renunciation, entrapment, duress

affirmative defense

statue of liimitations, a felonies, some sex sex offense

none

statue of limitations, b felonies

5 years

statue of limitations, misdemeanor

2 years

statue of limitations, petty offense

1 year

Class B violent felony offenses: an attempt to commit the class A-I felonies of murder in the second degree as defined in section

sentences of imprisonment 70.02 1a

Class C violent felony offenses: an attempt to commit any of the class B felonies set forth in paragraph

sentences of imprisonment 70.02 1b

A person is guilty of conspiracy in the sixth degree when, with intent that conduct constituting a crime be performed, he agrees with one or more persons to engage in or cause the performance of such conduct.

105 6 degree b misdemeanor

A person is guilty of conspiracy in the fifth degree when, with intent that conduct constituting: 1. a felony be performed, he agrees with one or more persons to engage in or cause the performance of such conduct; or 2. a crime be performed, he, being over eighteen years of age, agrees with one or more persons under sixteen years of age to engage in or cause the performance of such conduct.

105.05 5 degree a misdemeanor

A person is guilty of conspiracy in the fourth degree when, with intent that conduct constituting: 1. a class B or class C felony be performed, he or she agrees with one or more persons to engage in or cause the performance of such conduct; or 2. a felony be performed, he or she, being over eighteen years of age, agrees with one or more persons under sixteen years of age to engage in or cause the performance of such conduct; or 3. the felony of money laundering in the third degree as defined in section 470.10 of this chapter, be performed, he or she agrees with one or more persons to engage in or cause the performance of such conduct.

105.10 4 degree e felony

A person is guilty of conspiracy in the third degree when, with intent that conduct constituting a class B or a class C felony be performed, he, being over eighteen years of age, agrees with one or more persons under sixteen years of age to engage in or cause the performance of such conduct.

105.13 3 degree d felony

A person is guilty of conspiracy in the second degree when, with intent that conduct constituting a class A felony be performed, he agrees with one or more persons to engage in or cause the performance of such conduct.

105.15 2 degree b felony

A person is guilty of conspiracy in the first degree when, with intent that conduct constituting a class A felony be performed, he, being over eighteen years of age, agrees with one or more persons under sixteen years of age to engage in or cause the performance of such conduct.

105.17 1 degree a1 felony

Conspiracy; pleading and proof; necessity of overt act. A person shall not be convicted of conspiracy unless an overt act is alleged and proved to have been committed by one of the conspirators in furtherance of the conspiracy.

105.20

Conspiracy; jurisdiction and venue. 1. A person may be prosecuted for conspiracy in the county in which he entered into such conspiracy or in any county in which an overt act in furtherance thereof was committed.

105.25

Conspiracy; no defense. It is no defense to a prosecution for conspiracy that, owing to criminal irresponsibility or other legal incapacity or exemption, or to unawareness of the criminal nature of the agreement or the object conduct or of the defendant`s criminal purpose or to other factors

105.30

Conspiracy; enterprise corruption: applicability. For purposes of this article, conspiracy to commit the crime of enterprise corruption in violation of section 460.20 of this chapter shall not constitute an offense.

105.35

A person is guilty of an attempt to commit a crime when, with intent to commit a crime, he engages in conduct which tends to effect the commission of such crime.

110.00

An attempt to commit a crime is a: 1. Class A-I felony when the crime attempted is the A-I felony of murder in the first degree, aggravated murder as defined in subdivision one of section 125.26 of this chapter, criminal possession of a controlled substance in the first degree, criminal sale of a controlled substance in the first degree, criminal possession of a chemical or biological weapon in the first degree or criminal use of a chemical or biological weapon in the first degree; 2. Class A-II felony when the crime attempted is a class A-II felony; 3. Class B felony when the crime attempted is a class A-I felony except as provided in subdivision one hereof; 4. Class C felony when the crime attempted is a class B felony;

110.05

If the conduct in which a person engages otherwise constitutes an attempt to commit a crime pursuant to section 110.00, it is no defense to a prosecution for such attempt that the crime charged to have been attempted was, under the attendant circumstances, factually or legally impossible of commission, if such crime could have been committed had the attendant circumstances been as such person believed them to be.

110.10

1. With intent to cause physical injury to another person, he causes such injury to such person or to a third person; or 2. He recklessly causes physical injury to another person; or 3. With criminal negligence, he causes physical injury to another person by means of a deadly weapon or a dangerous instrument.

120.00 3 degree A misdemeanor

when, being a child day care provider or an employee thereof, he or she recklessly causes serious physical injury to a child under the care of such provider or employee who is less than eleven years of age.

120.01 reckless assault of a child e felony

when, being eighteen years of age or more, such person recklessly causes serious physical injury to the brain of a child less than five years old by shaking the child, or by slamming or throwing the child so as to impact the child's head on a hard surface or object. 2. For purposes of subdivision one of this section, the following shall constitute "serious physical injury": a. "serious physical injury" as defined in subdivision ten of section 10.00 of this chapter; or b. extreme rotational cranial acceleration and deceleration and one or more of the following: (i) subdural hemorrhaging; (ii) intracranial hemorrhaging; or (iii) retinal hemorrhaging

120.02 reckless assault of a child d felony

(1) operates a motor vehicle in violation of subdivision two, three, four or four-a of section eleven hundred ninety-two of the vehicle and traffic law or operates a vessel or public vessel in violation of paragraph (b), (c), (d) or (e) of subdivision two of section forty-nine-a of the navigation law, and as a result of such intoxication or impairment by the use of a drug, or by the combined influence of drugs or of alcohol and any drug or drugs, operates such motor vehicle, vessel or public vessel in a manner that causes such serious physical injury to such other person, or (2) operates a motor vehicle with a gross vehicle weight rating of more than eighteen thousand pounds which contains flammable gas, radioactive materials or explosives in violation of subdivision one of section eleven hundred ninety-two of the vehicle and traffic law, and such flammable gas, radioactive materials or explosives is the cause of such serious physical injury, and as a result of such impairment by the use of alcohol, operates such motor vehicle in a manner that causes such serious physical injury to such other person

mv assault 2 degree e felony

when he or she commits the crime of vehicular assault in the second degree as defined in section 120.03 of this article, and either: (1) commits such crime while operating a motor vehicle while such person has .18 of one per centum or more by weight of alcohol in such person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva made pursuant to the provisions of section eleven hundred ninety-four of the vehicle and traffic law; (2) commits such crime while knowing or having reason to know that: (a) his or her license or his or her privilege of operating a motor vehicle in another state or his or her privilege of obtaining a license to operate a motor vehicle in another state is suspended or revoked and such suspension or revocation is based upon a conviction

120.04 mv assault 1 degree d felony

when he or she engages in reckless driving as defined by section twelve hundred twelve of the vehicle and traffic law, and commits the crime of vehicular assault in the second degree as defined in section 120.03 of this article, and either: (1) commits such crimes while operating a motor vehicle while such person has .18 of one per centum or more by weight of alcohol in such person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva made pursuant to the provisions of section eleven hundred ninety-four of the vehicle and traffic law; (2) commits such crimes while knowing or having reason to know that: (a) his or her license or his or her privilege of operating a motor vehicle in another state or his or her privilege of obtaining a license to operate a motor vehicle in another state is suspended or revoked and such suspension or revocation is based upon a conviction in such other state

120.04a agg mv assault c felony

1. With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person; or 2. With intent to cause physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument; or 3. With intent to prevent a peace officer, a police officer, prosecutor as defined in subdivision thirty-one of section 1.20 of the criminal procedure law, registered nurse, licensed practical nurse, sanitation enforcement agent, New York city sanitation worker, a firefighter, including a firefighter acting as a paramedic or emergency medical technician administering first aid in the course of performance

120.05 assault 2 degree d felony

when, with intent to cause physical injury to another person and when aided by two or more other persons actually present, he causes serious physical injury to such person or to a third person.

120.06 gang assault 2 degree c felony

when, with intent to cause serious physical injury to another person and when aided by two or more other persons actually present, he causes serious physical injury to such person or to a third person.

120.07 1 degree b felony

when, with intent to prevent a peace officer, police officer, a fireman, including a fireman acting as a paramedic or emergency medical technician administering first aid in the course of performance of duty as such fireman, or an emergency medical service paramedic or emergency medical service technician, from performing a lawful duty, he causes serious physical injury

120.08 assault po c felony

when, with intent to cause serious physical injury and prevent a judge from performing official judicial duties, he or she causes serious physical injury to such judge.

120.09 assault judge c felony

1. With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument; or 2. With intent to disfigure another person seriously and permanently, or to destroy, amputate or disable permanently a member or organ of his body, he causes such injury to such person or to a third person; or 3. Under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes serious physical injury to another person; or 4. In the course of and in furtherance of the commission or attempted commission of a felony or of immediate flight therefrom, he, or another participant if there be any, causes serious physical injury to a person other than one of the participants.

120.10 assault 1 degree b felony

when, with intent to cause serious physical injury to a person whom he knows or reasonably should know to be a police officer or a peace officer engaged in the course of performing his official duties, he causes such injury by means of a deadly weapon or dangerous instrument.

120.11 agg assault po b felony

upon a person less than eleven years old when being eighteen years old or more the defendant commits the crime of assault in the third degree as defined in section 120.00 of this article upon a person less than eleven years old and has been previously convicted of such crime upon a person less than eleven years old within the preceding ten years.

120.12 agg assault 11 years old e felony

has its ordinary meaning and occurs upon any penetration, however slight.

sexual intercourse

means conduct between persons consisting of contact between the mouth and the penis, the mouth and the anus, or the mouth and the vulva or vagina.

oral sexual conduct

means conduct between persons consisting of contact between the penis and anus.

anal sexual conduct

means any touching of the sexual or other intimate parts of a person for the purpose of gratifying sexual desire of either party. It includes the touching of the actor by the victim, as well as the touching of the victim by the actor, whether directly or through clothing, as well as the emission of ejaculate by the actor upon any part of the victim, clothed or unclothed. 4. For the purposes of this article "married" means the existence of the relationship between the actor and the victim as spouses which is recognized by law at the time the actor commits an offense proscribed by this article against the victim.

sexual contact

means that a person suffers from a mental disease or defect which renders him or her incapable of appraising the nature of his or her conduct.

mentally disabled

means that a person is rendered temporarily incapable of appraising or controlling his conduct owing to the influence of a narcotic or intoxicating substance administered to him without his consent, or to any other act committed upon him without his consent.

mentally incapacitated

means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.

physically helpless

means to compel by either: a. use of physical force; or b. a threat, express or implied, which places a person in fear of immediate death or physical injury to himself, herself or another person, or in fear that he, she or another person will immediately be kidnapped.

forcible compulsion

means any instrument or article which, when inserted in the vagina, urethra, penis, rectum or anus, is capable of causing physical injury.

foreign object

means sexual intercourse, oral sexual conduct, anal sexual conduct, aggravated sexual contact, or sexual contact.

sexual conduct

means inserting, other than for a valid medical purpose, a foreign object in the vagina, urethra, penis, rectum or anus of a child, thereby causing physical injury to such child.

aggravated sexual contact

means any person who is, or is required to be, licensed or registered or holds himself or herself out to be licensed or registered, or provides services as if he or she were licensed or registered in the profession of medicine, chiropractic, dentistry or podiatry under any of the following: article one hundred thirty-one, one hundred thirty-two, one hundred thirty-three, or one hundred forty-one of the education law.

Health care provider

shall mean a licensed physician, licensed psychologist, registered professional nurse, licensed clinical social worker or a licensed master social worker under the supervision of a physician, psychologist or licensed clinical social worker.

mental health care provider

1. Whether or not specifically stated, it is an element of every offense defined in this article that the sexual act was committed without consent of the victim. 2. Lack of consent results from: (a) Forcible compulsion; or (b) Incapacity to consent; or (c) Where the offense charged is sexual abuse or forcible touching, any circumstances, in addition to forcible compulsion or incapacity to consent, in which the victim does not expressly or impliedly acquiesce in the actor's conduct; or 3. A person is deemed incapable of consent when he or she is: (a) less than seventeen years old; or (b) mentally disabled; or (c) mentally incapacitated; or (d) physically helpless; or (e) committed to the care and custody or supervision of the state department of corrections and community supervision or a hospital,

130.05 sex offenses, lack of consent

1. In any prosecution under this article in which the victim's lack of consent is based solely upon his or her incapacity to consent because he or she was mentally disabled, mentally incapacitated or physically helpless, it is an affirmative defense that the defendant, at the time he or she engaged in the conduct constituting the offense, did not know of the facts or conditions responsible for such incapacity to consent. 2. Conduct performed for a valid medical or mental health care purpose shall not constitute a violation of any section of this article in which incapacity to consent is based on the circumstances 3. In any prosecution for the crime of rape in the third degree as 4. In any prosecution under this article in which the victim's lack of consent is based solely on his or her incapacity to consent because he or she was less than seventeen years old, mentally disabled, a client or patient and the actor is a health care provider, or committed

130.10 sex offenses, limitations, defenses

A person shall not be convicted of any offense defined in this article of which lack of consent is an element but results solely from incapacity to consent because of the victim's mental defect, or mental incapacity, or an attempt to commit the same, solely on the testimony of the victim, unsupported by other evidence tending to: (a) Establish that an attempt was made to engage the victim in sexual intercourse, oral sexual conduct, anal sexual conduct, or sexual contact, as the case may be, at the time of the occurrence; and (b) Connect the defendant with the commission of the offense or attempted offense.

130.16 sex offense, corrobation

1. He or she engages in sexual intercourse with another person without such person`s consent; or 2. He or she engages in oral sexual conduct or anal sexual conduct with another person without such person's consent; or 3. He or she engages in sexual conduct with an animal or a dead human body.

130.20 sexual misconduct class a misdemeanor

1. He or she engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than seventeen years old; 2. Being twenty-one years old or more, he or she engages in sexual intercourse with another person less than seventeen years old; or 3. He or she engages in sexual intercourse with another person without such person`s consent where such lack of consent is by reason of some factor other than incapacity to consent.

130.25 rape 3rd degree e felony

1. being eighteen years old or more, he or she engages in sexual intercourse with another person less than fifteen years old; or 2. he or she engages in sexual intercourse with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated. It shall be an affirmative defense to the crime of rape in the second degree as defined in subdivision one of this section that the defendant was less than four years older than the victim at the time of the act.

130.30 rape 2nd degree d felony

he or she engages in sexual intercourse with another person: 1. By forcible compulsion; or 2. Who is incapable of consent by reason of being physically helpless; or 3. Who is less than eleven years old; or 4. Who is less than thirteen years old and the actor is eighteen years old or more.

130.35 rape 1st degree b felony

1. He or she engages in oral sexual conduct or anal sexual conduct with a person who is incapable of consent by reason of some factor other than being less than seventeen years old; 2. Being twenty-one years old or more, he or she engages in oral sexual conduct or anal sexual conduct with a person less than seventeen years old; or 3. He or she engages in oral sexual conduct or anal sexual conduct with another person without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent.

130.40 criminal sexual act 3rd degree e felony

1. being eighteen years old or more, he or she engages in oral sexual conduct or anal sexual conduct with another person less than fifteen years old; or 2. he or she engages in oral sexual conduct or anal sexual conduct with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated. It shall be an affirmative defense to the crime of criminal sexual act in the second degree as defined in subdivision one of this section that the defendant was less than four years older than the victim at the time of the act.

130.45 criminal sexual act 2nd degree d felony

he or she engages in oral sexual conduct or anal sexual conduct with another person: 1. By forcible compulsion; or 2. Who is incapable of consent by reason of being physically helpless; or 3. Who is less than eleven years old; or 4. Who is less than thirteen years old and the actor is eighteen years old or more.

130.50 criminal sexual act 1st degree b felony

when such person intentionally, and for no legitimate purpose, forcibly touches the sexual or other intimate parts of another person for the purpose of degrading or abusing such person; or for the purpose of gratifying the actor's sexual desire. For the purposes of this section, forcible touching includes squeezing, grabbing or pinching.

130.52 forcible touching class a misdemeanor

when he or she commits the crime of forcible touching, as defined in section 130.52 of this article, sexual abuse in the third degree, as defined in section 130.55 of this article, or sexual abuse in the second degree, as defined in section 130.60 of this article, and, within the previous ten year period, excluding any time during which such person was incarcerated for any reason, has been convicted two or more times, in separate criminal transactions for which sentence was imposed on separate occasions, of forcible touching, as defined in section 130.52 of this article, sexual abuse in the third degree as defined in section 130.55 of this article, sexual abuse in the second degree, as defined in section 130.60 of this article, or any offense defined in this article, of which the commission or attempted commission thereof is a felony.

persistent sexual abuse class e felony

he or she subjects another person to sexual contact without the latter`s consent; except that in any prosecution under this section, it is an affirmative defense that (a) such other person`s lack of consent was due solely to incapacity to consent by reason of being less than seventeen years old, and (b) such other person was more than fourteen years old, and (c) the defendant was less than five years older than such other person.

130.55 sexual abuse 3rd degree b misdemeanor

he or she subjects another person to sexual contact and when such other person is: 1. Incapable of consent by reason of some factor other than being less than seventeen years old; or 2. Less than fourteen years old.

130.60 sexual abuse 2nd degree a misdemeanor

he or she subjects another person to sexual contact: 1. By forcible compulsion; or 2. When the other person is incapable of consent by reason of being physically helpless; or 3. When the other person is less than eleven years old; or 4. When the other person is less than thirteen years old and the actor is twenty-one years old or older.

130.65 sexual abuse 1st degree d felony

a) He or she inserts a foreign object in the vagina, urethra, penis, rectum or anus of another person and the other person is incapable of consent by reason of some factor other than being less than seventeen years old; or (b) He or she inserts a finger in the vagina, urethra, penis, rectum or anus of another person causing physical injury to such person and such person is incapable of consent by reason of some factor other than being less than seventeen years old. 2. Conduct performed for a valid medical purpose does not violate the provisions of this section.

130.65a aggravated sexual abuse 4th degree e felony

he or she inserts a foreign object in the vagina, urethra, penis, rectum or anus of another person: (a) By forcible compulsion; or (b) When the other person is incapable of consent by reason of being physically helpless; or (c) When the other person is less than eleven years old. 2. A person is guilty of aggravated sexual abuse in the third degree when he or she inserts a foreign object in the vagina, urethra, penis, rectum or anus of another person causing physical injury to such person and such person is incapable of consent by reason of being mentally disabled or mentally incapacitated. 3. Conduct performed for a valid medical purpose does not violate the provisions of this section.

130.66 aggravated sexual abuse 3rd degree d felony

he or she inserts a finger in the vagina, urethra, penis, rectum or anus of another person causing physical injury to such person: (a) By forcible compulsion; or (b) When the other person is incapable of consent by reason of being physically helpless; or (c) When the other person is less than eleven years old. 2. Conduct performed for a valid medical purpose does not violate the provisions of this section.

130.67 aggravated sexual act 2nd degree c felony

when he or she inserts a foreign object in the vagina, urethra, penis, rectum or anus of another person causing physical injury to such person: (a) By forcible compulsion; or (b) When the other person is incapable of consent by reason of being physically helpless; or (c) When the other person is less than eleven years old. 2. Conduct performed for a valid medical purpose does not violate the provisions of this section.

130.70 aggravated sexual abuse 1st b felony

against a child in the first degree when, over a period of time not less than three months in duration: (a) he or she engages in two or more acts of sexual conduct, which includes at least one act of sexual intercourse, oral sexual conduct, anal sexual conduct or aggravated sexual contact, with a child less than eleven years old; or (b) he or she, being eighteen years old or more, engages in two or more acts of sexual conduct, which include at least one act of sexual intercourse, oral sexual conduct, anal sexual conduct or aggravated sexual contact, with a child less than thirteen years old. 2. A person may not be subsequently prosecuted for any other sexual offense involving the same victim unless the other charged offense occurred outside the time period charged under this section.

130.75 course of sexual conduct against a child 1st degree b felony

against a child in the second degree when, over a period of time not less than three months in duration: (a) he or she engages in two or more acts of sexual conduct with a child less than eleven years old; or (b) he or she, being eighteen years old or more, engages in two or more acts of sexual conduct with a child less than thirteen years old. 2. A person may not be subsequently prosecuted for any other sexual offense involving the same victim unless the other charged offense occurred outside the time period charged under this section.

130.80 course if sexual conduct against a child 2nd degree d felony

(a) a person knowingly circumcises, excises, or infibulates the whole or any part of the labia majora or labia minora or clitoris of another person who has not reached eighteen years of age; or (b) being a parent, guardian or other person legally responsible and charged with the care or custody of a child less than eighteen years old, he or she knowingly consents to the circumcision, excision or infibulation of whole or part of such child`s labia majora or labia minora or clitoris. 2. Such circumcision, excision, or infibulation is not a violation of this section if such act is: (a) necessary to the health of the person on whom it is performed, and is performed by a person licensed in the place of its performance as a medical practitioner; or (b) performed on a person in labor or who has just given birth and is performed for medical purposes connected with that labor or birth by a person licensed in the place it is performed as a medical practitioner, midwife, or person in training to become such a practitioner or midwife. 3. For the purposes of paragraph (a) of subdivision two of this section, no account shall be taken of the effect on the person on whom such procedure is to be performed of any belief on the part of that or any other person that such procedure is required as a matter of custom or ritual.

130.85 female genital mutilation e felony

when he or she: 1. knowingly and unlawfully possesses a controlled substance or any preparation, compound, mixture or substance that requires a prescription to obtain and administers such substance or preparation, compound, mixture or substance that requires a prescription to obtain to another person without such person's consent and with intent to commit against such person conduct constituting a felony defined in this article; and 2. commits or attempts to commit such conduct constituting a felony defined in this article.

130.90 facilitating a sex offense with controlled substance d felony

he or she commits a specified offense for the purpose, in whole or substantial part, of his or her own direct sexual gratification. 2. A "specified offense" is a felony offense defined by any of the following provisions of this chapter: assault in the second degree as defined in section 120.05, assault in the first degree as defined in section 120.10, gang assault in the second degree as defined in section 120.06, gang assault in the first degree as defined in section 120.07, stalking in the first degree as defined in section 120.60, strangulation in the second degree as defined in section 121.12, strangulation in the first degree as defined in section 121.13, manslaughter in the second degree as defined in subdivision one of section 125.15, manslaughter in the first degree as defined in section 125.20, murder in the second

130.91 sexually motivated felony

1. When a person is convicted of a sexually motivated felony pursuant to this article, and the specified felony is a violent felony offense, as defined in section 70.02 of this chapter, the sexually motivated felony shall be deemed a violent felony offense. 2. When a person is convicted of a sexually motivated felony pursuant to this article, the sexually motivated felony shall be deemed to be the same offense level as the specified offense the defendant committed. 3. Persons convicted of a sexually motivated felony as defined in section 130.91 of this article, must be sentenced in accordance with the provisions of section 70.80 of this chapter.

130.92 sentencing

when he or she commits the crime of rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, or course of sexual conduct against a child in the first degree, as defined in this article, and when: 1. In the course of the commission of the crime or the immediate flight therefrom, he or she: (a) Causes serious physical injury to the victim of such crime; or (b) Uses or threatens the immediate use of a dangerous instrument; or 2. He or she has engaged in conduct constituting the crime of rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, or course of sexual conduct against a child in the first degree, as defined in this article, against one or more additional persons; or 3. He or she has previously been subjected to a conviction for a felony defined in this article, incest as defined in section 255.25 of this chapter or use of a child in a sexual performance as defined in section 263.05 of this chapter.

130.95 predatory sexual assault a11 felony

against a child when, being eighteen years old or more, he or she commits the crime of rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, or course of sexual conduct against a child in the first degree, as defined in this article, and the victim is less than thirteen years old.

130.96 predatory sexual assault a11 felony

eans a misdemeanor or a felony

crime

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

posses

means impairment of physical condition or substantial pain.

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.

serious physical injury

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

deadly physical force

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.

deadly weapon

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.

dangerous instrument

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.

vehicle

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.

public servant

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.

juror

100

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.

benefit

dept rules

dept rules

Ncpd procedures

Ncpd procedures

ianone

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dept rules1

ionanne2

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procedures

procedures

penal law1

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procedures 1

procedures 1

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問題一覧

any conduct for which a perso maybe fined or imprisoned

offense

violation or traffic infraction

petty offense

felony or misdemeanor

crime

violation of any regulation or rule governing traffic by section one hundred fifty-five of the vehicle and traffic law.

traffic infraction

any offense other than a traffic violation for which a sentence up to 15 may be imposed

violation

aware of and disregards risk

reckless

goal, plan, aim, or purpose

intentionally

fails to perceive risk

criminal negligent

aware that conduct is illegal

knowingly

criminal liability of conduct of another

pl 20

criminal liability for conduct of another, no defense

pl 20.05

criminal liability for conduct of another, exemption

pl 20.10

conviction of different degrees of offense

pl 20.15

defense of infancy

less than 16 years old

authorized by law, public servants duties

justification

mental disease/defect, renunciation, entrapment, duress

affirmative defense

statue of liimitations, a felonies, some sex sex offense

none

statue of limitations, b felonies

5 years

statue of limitations, misdemeanor

2 years

statue of limitations, petty offense

1 year

Class B violent felony offenses: an attempt to commit the class A-I felonies of murder in the second degree as defined in section

sentences of imprisonment 70.02 1a

Class C violent felony offenses: an attempt to commit any of the class B felonies set forth in paragraph

sentences of imprisonment 70.02 1b

105 6 degree b misdemeanor

105.05 5 degree a misdemeanor

105.10 4 degree e felony

105.13 3 degree d felony

105.15 2 degree b felony

105.17 1 degree a1 felony

105.20

105.25

105.30

105.35

A person is guilty of an attempt to commit a crime when, with intent to commit a crime, he engages in conduct which tends to effect the commission of such crime.

110.00

110.05

110.10

120.00 3 degree A misdemeanor

120.01 reckless assault of a child e felony

120.02 reckless assault of a child d felony

mv assault 2 degree e felony

120.04 mv assault 1 degree d felony

120.04a agg mv assault c felony

120.05 assault 2 degree d felony

when, with intent to cause physical injury to another person and when aided by two or more other persons actually present, he causes serious physical injury to such person or to a third person.

120.06 gang assault 2 degree c felony

120.07 1 degree b felony

120.08 assault po c felony

when, with intent to cause serious physical injury and prevent a judge from performing official judicial duties, he or she causes serious physical injury to such judge.

120.09 assault judge c felony

120.10 assault 1 degree b felony

120.11 agg assault po b felony

120.12 agg assault 11 years old e felony

has its ordinary meaning and occurs upon any penetration, however slight.

sexual intercourse

means conduct between persons consisting of contact between the mouth and the penis, the mouth and the anus, or the mouth and the vulva or vagina.

oral sexual conduct

means conduct between persons consisting of contact between the penis and anus.

anal sexual conduct

sexual contact

means that a person suffers from a mental disease or defect which renders him or her incapable of appraising the nature of his or her conduct.

mentally disabled

mentally incapacitated

means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.

physically helpless

forcible compulsion

means any instrument or article which, when inserted in the vagina, urethra, penis, rectum or anus, is capable of causing physical injury.

foreign object

means sexual intercourse, oral sexual conduct, anal sexual conduct, aggravated sexual contact, or sexual contact.

sexual conduct

means inserting, other than for a valid medical purpose, a foreign object in the vagina, urethra, penis, rectum or anus of a child, thereby causing physical injury to such child.

aggravated sexual contact

Health care provider

mental health care provider

130.05 sex offenses, lack of consent

130.10 sex offenses, limitations, defenses

130.16 sex offense, corrobation

130.20 sexual misconduct class a misdemeanor

130.25 rape 3rd degree e felony

130.30 rape 2nd degree d felony

130.35 rape 1st degree b felony

130.40 criminal sexual act 3rd degree e felony

130.45 criminal sexual act 2nd degree d felony

130.50 criminal sexual act 1st degree b felony

130.52 forcible touching class a misdemeanor

persistent sexual abuse class e felony

130.55 sexual abuse 3rd degree b misdemeanor

130.60 sexual abuse 2nd degree a misdemeanor

130.65 sexual abuse 1st degree d felony

130.65a aggravated sexual abuse 4th degree e felony

130.66 aggravated sexual abuse 3rd degree d felony

130.67 aggravated sexual act 2nd degree c felony

130.70 aggravated sexual abuse 1st b felony

130.75 course of sexual conduct against a child 1st degree b felony

130.80 course if sexual conduct against a child 2nd degree d felony

130.85 female genital mutilation e felony

130.90 facilitating a sex offense with controlled substance d felony

130.91 sexually motivated felony

130.92 sentencing

130.95 predatory sexual assault a11 felony

130.96 predatory sexual assault a11 felony

eans a misdemeanor or a felony

crime

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

posses

means impairment of physical condition or substantial pain.

physical injury

serious physical injury

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

deadly physical force

deadly weapon

dangerous instrument

vehicle

public servant

juror

100

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.

benefit