Arson
* ARTICLE 150
ARSON
Section 150.00 Arson; definitions.
150.01 Arson in the fifth degree.
150.05 Arson in the fourth degree.
150.10 Arson in the third degree.
150.15 Arson in the second degree.
150.20 Arson in the first degree.
S 150.00 Arson; definitions.
As used in this article, 1. "Building", in addition to its ordinary
meaning, includes any structure, vehicle or watercraft used for
overnight lodging of persons, or used by persons for carrying on
business therein. Where a building consists of two or more units
separately secured or occupied, each unit shall not be deemed a separate
building.
2. "Motor vehicle", includes every vehicle operated or driven upon a
public highway which is propelled by any power other than muscular
power, except (a) electrically-driven invalid chairs being operated or
driven by an invalid, (b) vehicles which run only upon rails or tracks,
and (c) snowmobiles as defined in article forty-seven of the vehicle and
traffic law.
S 150.01 Arson in the fifth degree.
A person is guilty of arson in the fifth degree when he or she
intentionally damages property of another without consent of the owner
by intentionally starting a fire or causing an explosion.
Arson in the fifth degree is a class A misdemeanor.
S 150.05 Arson in the fourth degree.
1. A person is guilty of arson in the fourth degree when he recklessly
damages a building or motor vehicle by intentionally starting a fire or
causing an explosion.
2. In any prosecution under this section, it is an affirmative defense
that no person other than the defendant had a possessory or proprietary
interest in the building or motor vehicle.
Arson in the fourth degree is a class E felony.
S 150.10 Arson in the third degree.
1. A person is guilty of arson in the third degree when he
intentionally damages a building or motor vehicle by starting a fire or
causing an explosion.
2. In any prosecution under this section, it is an affirmative defense
that (a) no person other than the defendant had a possessory or
proprietary interest in the building or motor vehicle, or if other
persons had such interests, all of them consented to the defendant`s
conduct, and (b) the defendant`s sole intent was to destroy or damage
the building or motor vehicle for a lawful and proper purpose, and (c)
the defendant had no reasonable ground to believe that his conduct might
endanger the life or safety of another person or damage another building
or motor vehicle.
Arson in the third degree is a class C felony.
S 150.15 Arson in the second degree.
A person is guilty of arson in the second degree when he intentionally
damages a building or motor vehicle by starting a fire, and when (a)
another person who is not a participant in the crime is present in such
building or motor vehicle at the time, and (b) the defendant knows that
fact or the circumstances are such as to render the presence of such a
person therein a reasonable possibility.
Arson in the second degree is a class B felony.
S 150.20 Arson in the first degree.
1. A person is guilty of arson in the first degree when he
intentionally damages a building or motor vehicle by causing an
explosion or a fire and when (a) such explosion or fire is caused by an
incendiary device propelled, thrown or placed inside or near such
building or motor vehicle; or when such explosion or fire is caused by
an explosive; or when such explosion or fire either (i) causes serious
physical injury to another person other than a participant, or (ii) the
explosion or fire was caused with the expectation or receipt of
financial advantage or pecuniary profit by the actor; and when (b)
another person who is not a participant in the crime is present in such
building or motor vehicle at the time; and (c) the defendant knows that
fact or the circumstances are such as to render the presence of such
person therein a reasonable possibility.
2. As used in this section, "incendiary device" means a breakable
container designed to explode or produce uncontained combustion upon
impact, containing flammable liquid and having a wick or a similar
device capable of being ignited.
Arson in the first degree is a class A-I felony.
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Assault
* ARTICLE 120
ASSAULT AND RELATED OFFENSES
Section 120.00 Assault in the third degree.
120.01 Reckless assault of a child by a child day care provider.
120.03 Vehicular assault in the second degree.
120.04 Vehicular assault in the first degree.
120.05 Assault in the second degree.
120.06 Gang assault in the second degree.
120.07 Gang assault in the first degree.
120.08 Assault on a peace officer, police officer, fireman or
emergency medical services professional.
120.10 Assault in the first degree.
120.11 Aggravated assault upon a police officer or a peace
officer.
120.12 Aggravated assault upon a person less than eleven years
old.
120.13 Menacing in the first degree.
120.14 Menacing in the second degree.
120.15 Menacing in the third degree.
120.16 Hazing in the first degree.
120.17 Hazing in the second degree.
120.20 Reckless endangerment in the second degree.
120.25 Reckless endangerment in the first degree.
120.30 Promoting a suicide attempt.
120.35 Promoting a suicide attempt; when punishable as attempt
to commit murder.
120.40 Definitions.
120.45 Stalking in the fourth degree.
120.50 Stalking in the third degree.
120.55 Stalking in the second degree.
120.60 Stalking in the first degree.
S 120.00 Assault in the third degree.
A person is guilty of assault in the third degree when:
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.
Assault in the third degree is a class A misdemeanor.
S 120.01 Reckless assault of a child by a child day care provider.
A person is guilty of reckless assault of a child 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.
Reckless assault of a child by a child day care provider is a class E
felony.
S 120.03 Vehicular assault in the second degree.
A person is guilty of vehicular assault in the second degree when:
(1) with criminal negligence he causes serious physical injury to
another person, and either
(2) causes such serious physical injury by operation of a vehicle in
violation of subdivision two, three or four of section eleven hundred
ninety-two of the vehicle and traffic law or by operation of 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, or
(3) causes such serious physical injury by operation of 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, by operation of a snowmobile in violation of paragraph
(b), (c) or (d) of subdivision one of section 25.24 of the parks,
recreation and historic preservation law or by operation of an all
terrain vehicle as defined in paragraph (a) of subdivision one of
section twenty-two hundred eighty-one of the vehicle and traffic law and
in violation of subdivision two, three, or four of section eleven
hundred ninety-two of the vehicle and traffic law.
Vehicular assault in the second degree is a class E felony.
S 120.04 Vehicular assault in the first degree.
A person is guilty of vehicular assault in the first degree when he:
(1) commits the crime of vehicular assault in the second degree as
defined in section 120.03, and
(2) commits such crime while knowing or having reason to know that:
(a) his license or his privilege of operating a motor vehicle in another
state or his 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 for an offense
which would, if committed in this state, constitute a violation of any
of the provisions of section eleven hundred ninety-two of the vehicle
and traffic law; or (b) his license or his privilege of operating a
motor vehicle in the state or his privilege of obtaining a license
issued by the commissioner of motor vehicles is suspended or revoked and
such suspension or revocation is based upon either a refusal to submit
to a chemical test pursuant to section eleven hundred ninety-four of the
vehicle and traffic law or following a conviction for a violation of any
of the provisions of section eleven hundred ninety-two of the vehicle
and traffic law.
Vehicular assault in the first degree is a class D felony.
S 120.05 Assault in the second degree.
A person is guilty of assault in the second degree when:
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, 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, an emergency medical service paramedic or emergency
medical service technician, or medical or related personnel in a
hospital emergency department, from performing a lawful duty, by means
including releasing or failing to control an animal under circumstances
evincing the actor`s intent that the animal obstruct the lawful activity
of such peace officer, police officer, fireman, paramedic or technician,
he causes physical injury to such peace officer, police officer,
fireman, paramedic, technician or medical or related personnel in a
hospital emergency department; or
4. He recklessly causes serious physical injury to another person by
means of a deadly weapon or a dangerous instrument; or
5. For a purpose other than lawful medical or therapeutic treatment,
he intentionally causes stupor, unconsciousness or other physical
impairment or injury to another person by administering to him, without
his consent, a drug, substance or preparation capable of producing the
same; or
6. In the course of and in furtherance of the commission or attempted
commission of a felony, other than a felony defined in article one
hundred thirty which requires corroboration for conviction, or of
immediate flight therefrom, he, or another participant if there be any,
causes physical injury to a person other than one of the participants;
or
7. Having been charged with or convicted of a crime and while confined
in a correctional facility, as defined in subdivision three of section
forty of the correction law, pursuant to such charge or conviction, with
intent to cause physical injury to another person, he causes such injury
to such person or to a third person; or
8. Being eighteen years old or more and with intent to cause physical
injury to a person less than eleven years old, the defendant recklessly
causes serious physical injury to such person; or
9. Being eighteen years old or more and with intent to cause physical
injury to a person less than seven years old, the defendant causes such
injury to such person; or
10. Acting at a place the person knows, or reasonably should know, is
on school grounds and with intent to cause physical injury, he or she:
(a) causes such injury to an employee of a school or public school
district; or
(b) not being a student of such school or public school district,
causes physical injury to another, and such other person is a student of
such school who is attending or present for educational purposes. For
purposes of this subdivision the term "school grounds" shall have the
meaning set forth in subdivision fourteen of section 220.00 of this
chapter.
11. With intent to cause physical injury to a train operator, ticket
inspector, conductor, bus operator or station agent employed by any
transit agency, authority or company, public or private, whose operation
is authorized by New York state or any of its political subdivisions, he
or she causes physical injury to such train operator, ticket inspector,
conductor, bus operator or station agent while such employee is
performing an assigned duty on, or directly related to, the operation of
a train or bus.
Assault in the second degree is a class D felony.
S 120.06 Gang assault in the second degree.
A person is guilty of gang assault in the second degree 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.
Gang assault in the second degree is a class C felony.
S 120.07 Gang assault in the first degree.
A person is guilty of gang assault in the first degree 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.
Gang assault in the first degree is a class B felony.
S 120.08 Assault on a peace officer, police officer, fireman or
emergency medical services professional.
A person is guilty of assault on a peace officer, police officer,
fireman or emergency medical services professional 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 to such peace officer, police officer, fireman, paramedic or
technician.
Assault on a peace officer, police officer, fireman or emergency
medical services professional is a class C felony.
S 120.10 Assault in the first degree.
A person is guilty of assault in the first degree when:
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.
Assault in the first degree is a class B felony.
S 120.11 Aggravated assault upon a police officer or a peace officer.
A person is guilty of aggravated assault upon a police officer or a
peace officer 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.
Aggravated assault upon a police officer or a peace officer is a class
B felony.
S 120.12 Aggravated assault upon a person less than eleven years old.
A person is guilty of aggravated assault 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 three years.
Aggravated assault upon a person less than eleven years old is a class
E felony.
S 120.13 Menacing in the first degree.
A person is guilty of menacing in the first degree when he or she
commits the crime of menacing in the second degree and has been
previously convicted of the crime of menacing in the second degree
within the preceding ten years.
Menacing in the first degree is a class E felony.
S 120.14 Menacing in the second degree.
A person is guilty of menacing in the second degree when:
1. He or she intentionally places or attempts to place another person
in reasonable fear of physical injury, serious physical injury or death
by displaying a deadly weapon, dangerous instrument or what appears to
be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or
2. He or she repeatedly follows a person or engages in a course of
conduct or repeatedly commits acts over a period of time intentionally
placing or attempting to place another person in reasonable fear of
physical injury, serious physical injury or death; or
3. He or she commits the crime of menacing in the third degree in
violation of that part of a duly served order of protection, or such
order which the defendant has actual knowledge of because he or she was
present in court when such order was issued, pursuant to article eight
of the family court act, section 530.12 of the criminal procedure law,
or an order of protection issued by a court of competent jurisdiction in
another state, territorial or tribal jurisdiction, which directed the
respondent or defendant to stay away from the person or persons on whose
behalf the order was issued.
Menacing in the second degree is a class A misdemeanor.
S 120.15 Menacing in the third degree.
A person is guilty of menacing in the third degree when, by physical
menace, he or she intentionally places or attempts to place another
person in fear of death, imminent serious physical injury or physical
injury.
Menacing in the third degree is a class B misdemeanor.
S 120.16 Hazing in the first degree.
A person is guilty of hazing in the first degree when, in the course
of another person`s initiation into or affiliation with any
organization, he intentionally or recklessly engages in conduct which
creates a substantial risk of physical injury to such other person or a
third person and thereby causes such injury.
Hazing in the first degree is a class A misdemeanor.
S 120.17 Hazing in the second degree.
A person is guilty of hazing in the second degree when, in the course
of another person`s initiation or affiliation with any organization, he
intentionally or recklessly engages in conduct which creates a
substantial risk of physical injury to such other person or a third
person.
Hazing in the second degree is a violation.
S 120.20 Reckless endangerment in the second degree.
A person is guilty of reckless endangerment in the second degree when
he recklessly engages in conduct which creates a substantial risk of
serious physical injury to another person.
Reckless endangerment in the second degree is a class A misdemeanor.
S 120.25 Reckless endangerment in the first degree.
A person is guilty of reckless endangerment in the first degree when,
under circumstances evincing a depraved indifference to human life, he
recklessly engages in conduct which creates a grave risk of death to
another person.
Reckless endangerment in the first degree is a class D felony.
S 120.30 Promoting a suicide attempt.
A person is guilty of promoting a suicide attempt when he
intentionally causes or aids another person to attempt suicide.
Promoting a suicide attempt is a class E felony.
S 120.35 Promoting a suicide attempt; when punishable as attempt to
commit murder.
A person who engages in conduct constituting both the offense of
promoting a suicide attempt and the offense of attempt to commit murder
may not be convicted of attempt to commit murder unless he causes or
aids the suicide attempt by the use of duress or deception.
S 120.40 Definitions.
For purposes of sections 120.45, 120.50, 120.55 and 120.60 of this
article:
1. "Kidnapping" shall mean a kidnapping crime defined in article one
hundred thirty-five of this chapter.
2. "Unlawful imprisonment" shall mean an unlawful imprisonment felony
crime defined in article one hundred thirty-five of this chapter.
3. "Sex offense" shall mean a felony defined in article one hundred
thirty of this chapter, sexual misconduct, as defined in section 130.20
of this chapter, sexual abuse in the third degree as defined in section
130.55 of this chapter or sexual abuse in the second degree as defined
in section 130.60 of this chapter.
4. "Immediate family" means the spouse, former spouse, parent, child,
sibling, or any other person who regularly resides or has regularly
resided in the household of a person.
5. "Specified predicate crime" means:
a. a violent felony offense;
b. a crime defined in section 130.20, 130.25, 130.30, 130.40, 130.45,
130.55, 130.60, 130.70 or 255.25;
c. assault in the third degree, as defined in section 120.00; menacing
in the first degree, as defined in section 120.13; menacing in the
second degree, as defined in section 120.14; coercion in the first
degree, as defined in section 135.65; coercion in the second degree, as
defined in section 135.60; aggravated harassment in the second degree,
as defined in section 240.30; harassment in the first degree, as defined
in section 240.25; menacing in the third degree, as defined in section
120.15; criminal mischief in the third degree, as defined in section
145.05; criminal mischief in the second degree, as defined in section
145.10, criminal mischief in the first degree, as defined in section
145.12; criminal tampering in the first degree, as defined in section
145.20; arson in the fourth degree, as defined in section 150.05; arson
in the third degree, as defined in section 150.10; criminal contempt in
the first degree, as defined in section 215.51; endangering the welfare
of a child, as defined in section 260.10; or
d. stalking in the fourth degree, as defined in section 120.45;
stalking in the third degree, as defined in section 120.50; stalking in
the second degree, as defined in section 120.55; or
e. an offense in any other jurisdiction which includes all of the
essential elements of any such crime for which a sentence to a term of
imprisonment in excess of one year or a sentence of death was authorized
and is authorized in this state irrespective of whether such sentence
was imposed.
S 120.45 Stalking in the fourth degree.
A person is guilty of stalking in the fourth degree when he or she
intentionally, and for no legitimate purpose, engages in a course of
conduct directed at a specific person, and knows or reasonably should
know that such conduct:
1. is likely to cause reasonable fear of material harm to the physical
health, safety or property of such person, a member of such person`s
immediate family or a third party with whom such person is acquainted;
or
2. causes material harm to the mental or emotional health of such
person, where such conduct consists of following, telephoning or
initiating communication or contact with such person, a member of such
person`s immediate family or a third party with whom such person is
acquainted, and the actor was previously clearly informed to cease that
conduct; or
3. is likely to cause such person to reasonably fear that his or her
employment, business or career is threatened, where such conduct
consists of appearing, telephoning or initiating communication or
contact at such person`s place of employment or business, and the actor
was previously clearly informed to cease that conduct.
Stalking in the fourth degree is a class B misdemeanor.
S 120.50 Stalking in the third degree.
A person is guilty of stalking in the third degree when he or she:
1. Commits the crime of stalking in the fourth degree in violation of
section 120.45 of this article against three or more persons, in three
or more separate transactions, for which the actor has not been
previously convicted; or
2. Commits the crime of stalking in the fourth degree in violation of
section 120.45 of this article against any person, and has previously
been convicted, within the preceding ten years of a specified predicate
crime, as defined in subdivision five of section 120.40 of this article,
and the victim of such specified predicate crime is the victim, or an
immediate family member of the victim, of the present offense; or
3. With intent to harass, annoy or alarm a specific person,
intentionally engages in a course of conduct directed at such person
which is likely to cause such person to reasonably fear physical injury
or serious physical injury, the commission of a sex offense against, or
the kidnapping, unlawful imprisonment or death of such person or a
member of such person`s immediate family; or
4. Commits the crime of stalking in the fourth degree and has
previously been convicted within the preceding ten years of stalking in
the fourth degree.
Stalking in the third degree is a class A misdemeanor.
S 120.55 Stalking in the second degree.
A person is guilty of stalking in the second degree when he or she:
1. Commits the crime of stalking in the third degree as defined in
subdivision three of section 120.50 of this article and in the course of
and in furtherance of the commission of such offense: (i) displays, or
possesses and threatens the use of, a firearm, pistol, revolver, rifle,
shotgun, machine gun, electronic dart gun, electronic stun gun, cane
sword, billy, blackjack, bludgeon, metal knuckles, chuka stick, sand
bag, sandclub, slingshot, slungshot, shirken, "Kung Fu Star", dagger,
dangerous knife, dirk, razor, stiletto, imitation pistol, dangerous
instrument, deadly instrument or deadly weapon; or (ii) displays what
appears to be a pistol, revolver, rifle, shotgun, machine gun or other
firearm; or
2. Commits the crime of stalking in the third degree in violation of
subdivision three of section 120.50 of this article against any person,
and has previously been convicted, within the preceding five years, of a
specified predicate crime as defined in subdivision five of section
120.40 of this article, and the victim of such specified predicate crime
is the victim, or an immediate family member of the victim, of the
present offense; or
3. Commits the crime of stalking in the fourth degree and has
previously been convicted of stalking in the third degree as defined in
subdivision four of section 120.50 of this article against any person;
or
4. Being twenty-one years of age or older, repeatedly follows a person
under the age of fourteen or engages in a course of conduct or
repeatedly commits acts over a period of time intentionally placing or
attempting to place such person who is under the age of fourteen in
reasonable fear of physical injury, serious physical injury or death; or
5. Commits the crime of stalking in the third degree, as defined in
subdivision three of section 120.50 of this article, against ten or more
persons, in ten or more separate transactions, for which the actor has
not been previously convicted.
Stalking in the second degree is a class E felony.
S 120.60 Stalking in the first degree.
A person is guilty of stalking in the first degree when he or she
commits the crime of stalking in the third degree as defined in
subdivision three of section 120.50 or stalking in the second degree as
defined in section 120.55 of this article and, in the course and
furtherance thereof, he or she:
1. intentionally or recklessly causes physical injury to the victim of
such crime; or
2. commits a class A misdemeanor defined in article one hundred thirty
of this chapter, or a class E felony defined in section 130.25, 130.40
or 130.85 of this chapter, or a class D felony defined in section 130.30
or 130.45 of this chapter.
Stalking in the first degree is a class D felony.
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Bribery
* ARTICLE 180
BRIBERY NOT INVOLVING PUBLIC SERVANTS, AND RELATED OFFENSES
Section 180.00 Commercial bribing in the second degree.
180.03 Commercial bribing in the first degree.
180.05 Commercial bribe receiving in the second degree.
180.08 Commercial bribe receiving in the first degree.
180.10 Bribery of labor official; definition of term.
180.15 Bribing a labor official.
180.20 Bribing a labor official; defense.
180.25 Bribe receiving by a labor official.
180.30 Bribe receiving by a labor official; no defense.
180.35 Sports bribery and tampering; definitions of terms.
180.40 Sports bribing.
180.45 Sports bribe receiving.
180.50 Tampering with a sports contest in the second degree.
180.51 Tampering with a sports contest in the first degree.
180.52 Impairing the integrity of a pari-mutuel betting system
in the second degree.
180.53 Impairing the integrity of a pari-mutuel betting system
in the first degree.
180.54 Rent gouging; definition of term.
180.55 Rent gouging in the third degree.
180.56 Rent gouging in the second degree.
180.57 Rent gouging in the first degree.
S 180.00 Commercial bribing in the second degree.
A person is guilty of commercial bribing in the second degree when he
confers, or offers or agrees to confer, any benefit upon any employee,
agent or fiduciary without the consent of the latter`s employer or
principal, with intent to influence his conduct in relation to his
employer`s or principal`s affairs.
Commercial bribing in the second degree is a class A misdemeanor.
S 180.03 Commercial bribing in the first degree.
A person is guilty of commercial bribing in the first degree when he
confers, or offers or agrees to confer, any benefit upon any employee,
agent or fiduciary without the consent of the latter`s employer or
principal, with intent to influence his conduct in relation to his
employer`s or principal`s affairs, and when the value of the benefit
conferred or offered or agreed to be conferred exceeds one thousand
dollars and causes economic harm to the employer or principal in an
amount exceeding two hundred fifty dollars.
Commercial bribing in the first degree is a class E felony.
S 180.05 Commercial bribe receiving in the second degree.
An employee, agent or fiduciary is guilty of commercial bribe
receiving in the second degree when, without the consent of his employer
or principal, he solicits, accepts or agrees to accept any benefit from
another person upon an agreement or understanding that such benefit will
influence his conduct in relation to his employer`s or principal`s
affairs.
Commercial bribe receiving in the second degree is a class A
misdemeanor.
S 180.08 Commercial bribe receiving in the first degree.
An employee, agent or fiduciary is guilty of commercial bribe
receiving in the first degree when, without the consent of his employer
or principal, he solicits, accepts or agrees to accept any benefit from
another person upon an agreement or understanding that such benefit will
influence his conduct in relation to his employer`s or principal`s
affairs, and when the value of the benefit solicited, accepted or agreed
to be accepted exceeds one thousand dollars and causes economic harm to
the employer or principal in an amount exceeding two hundred fifty
dollars.
Commercial bribe receiving in the first degree is a class E felony.
S 180.10 Bribery of labor official; definition of term.
As used in this article, "labor official" means any duly appointed
representative of a labor organization or any duly appointed trustee or
representative of an employee welfare trust fund.
S 180.15 Bribing a labor official.
A person is guilty of bribing a labor official when, with intent to
influence a labor official in respect to any of his acts, decisions or
duties as such labor official, he confers, or offers or agrees to
confer, any benefit upon him.
Bribing a labor official is a class D felony.
S 180.20 Bribing a labor official; defense.
In any prosecution for bribing a labor official, it is a defense that
the defendant conferred or agreed to confer the benefit involved upon
the labor official as a result of conduct of the latter constituting
larceny committed by means of extortion, or an attempt to commit the
same, or coercion, or an attempt to commit coercion.
S 180.25 Bribe receiving by a labor official.
A labor official is guilty of bribe receiving by a labor official when
he solicits, accepts or agrees to accept any benefit from another person
upon an agreement or understanding that such benefit will influence him
in respect to any of his acts, decisions, or duties as such labor
official.
Bribe receiving by a labor official is a class D felony.
S 180.30 Bribe receiving by a labor official; no defense.
The crimes of (a) bribe receiving by a labor official, and (b) larceny
committed by means of extortion, attempt to commit the same, coercion or
attempt to commit coercion, are not mutually exclusive, and it is no
defense to a prosecution for bribe receiving by a labor official that,
by reason of the same conduct, the defendant also committed one of such
other specified crimes.
S 180.35 Sports bribery and tampering; definitions of terms.
As used in this article:
1. "Sports contest" means any professional or amateur sport or
athletic game or contest viewed by the public.
2. "Sports participant" means any person who participates or expects
to participate in a sports contest as a player, contestant or member of
a team, or as a coach, manager, trainer or other person directly
associated with a player, contestant or team.
3. "Sports official" means any person who acts or expects to act in a
sports contest as an umpire, referee, judge or otherwise to officiate at
a sports contest.
4. "Pari-mutuel betting" is such betting as is authorized under the
provisions of the pari-mutuel revenue law as set forth in chapter 254 of
the laws of 1940 with amendments.
5. "Pari-mutuel horse race" means any horse race upon which betting is
conducted under the provisions of the pari-mutuel revenue law as set
forth in chapter 254 of the laws of 1940.
S 180.40 Sports bribing.
A person is guilty of sports bribing when he:
1. Confers, or offers or agrees to confer, any benefit upon a sports
participant with intent to influence him not to give his best efforts in
a sports contest; or
2. Confers, or offers or agrees to confer, any benefit upon a sports
official with intent to influence him to perform his duties improperly.
Sports bribing is a class D felony.
S 180.45 Sports bribe receiving.
A person is guilty of sports bribe receiving when:
1. Being a sports participant, he solicits, accepts or agrees to
accept any benefit from another person upon an agreement or
understanding that he will thereby be influenced not to give his best
efforts in a sports contest; or
2. Being a sports official, he solicits, accepts or agrees to accept
any benefit from another person upon an agreement or understanding that
he will perform his duties improperly.
Sports bribe receiving is a class E felony.
S 180.50 Tampering with a sports contest in the second degree.
A person is guilty of tampering with a sports contest when, with
intent to influence the outcome of a sports contest, he tampers with any
sports participant, sports official or with any animal or equipment or
other thing involved in the conduct or operation of a sports contest in
a manner contrary to the rules and usages purporting to govern such a
contest.
Tampering with a sports contest in the second degree is a class A
misdemeanor.
S 180.51 Tampering with a sports contest in the first degree.
A person is guilty of tampering with a sports contest in the first
degree when, with intent to influence the outcome of a pari-mutuel horse
race:
1. He affects any equine animal involved in the conduct or operation
of a pari-mutuel horse race by administering to the animal in any manner
whatsoever any controlled substance listed in section thirty-three
hundred six of the public health law; or
2. He knowingly enters or furnishes to another person for entry or
brings into this state for entry into a pari-mutuel horse race, or rides
or drives in any pari-mutuel horse race any running, trotting or pacing
horse, mare, gelding, colt or filly under an assumed name, or
deceptively out of its proper class, or that has been painted or
disguised or represented to be any other or different horse, mare,
gelding, colt or filly from that which it actually is; or
3. He knowingly and falsely registers with the jockey club, United
States trotting association, American quarterhorse association or
national steeplechase and hunt association a horse, mare, gelding, colt
or filly previously registered under a different name; or
4. He agrees with one or more persons to enter such misrepresented or
drugged animal in a pari-mutuel horse race. A person shall not be
convicted of a violation of this subdivision unless an overt act is
alleged and proved to have been committed by one of said persons in
furtherance of said agreement.
Tampering with a sports contest in the first degree is a class E
felony.
S 180.52 Impairing the integrity of a pari-mutuel betting system in the
second degree.
A person is guilty of impairing the integrity of a pari-mutuel betting
system in the second degree when, with the intent to obtain either any
payment for himself or for a third person or with the intent to defraud
any person he:
1. Alters, changes or interferes with any equipment or device used in
connection with pari-mutuel betting; or
2. Causes any false, inaccurate, delayed or unauthorized data, impulse
or signal to be fed into, or transmitted over, or registered in or
displayed upon any equipment or device used in connection with
pari-mutuel betting.
Impairing the integrity of a pari-mutuel betting system in the second
degree is a class E felony.
S 180.53 Impairing the integrity of a pari-mutuel betting system in
the first degree.
A person is guilty of impairing the integrity of a pari-mutuel betting
system in the first degree when, with the intent to obtain either any
payment for himself or for a third person or with the intent to defraud
any person, and when the value of the payment exceeds one thousand five
hundred dollars he:
1. Alters, changes or interferes with any equipment or device used in
connection with pari-mutuel betting; or
2. Causes any false, inaccurate, delayed or unauthorized data, impulse
or signal to be fed into, or transmitted over, or registered in or
displayed upon any equipment or device used in connection with
pari-mutuel betting.
Impairing the integrity of a pari-mutuel betting system in the first
degree is a class D felony.
S 180.54 Rent gouging; definition of term.
As used in this article, "lawful rental and other lawful charges"
means registered, reported or contracted for rent pursuant to chapter
four hundred three of the laws of nineteen hundred eighty-three, article
two of the private housing finance law or section eight of the federal
housing act of nineteen hundred sixty-eight, or, rent contained in a
court approved stipulation of settlement, even if such rent or charges
are subsequently decreased by order of the department of housing and
community renewal or a court of competent jurisdiction.
S 180.55 Rent gouging in the third degree.
A person is guilty of rent gouging in the third degree when, in
connection with the leasing, rental or use of real property, he
solicits, accepts or agrees to accept from a person some consideration
of value, less than two hundred fifty dollars, in addition to lawful
rental and other lawful charges, upon an agreement or understanding that
the furnishing of such consideration will increase the possibility that
any person may obtain or renew the lease, rental or use of such
property, or that a failure to furnish it will decrease the possibility
that any person may obtain or renew the same.
Rent gouging in the third degree is a class B misdemeanor.
S 180.56 Rent gouging in the second degree.
A person is guilty of rent gouging in the second degree when, in
connection with the leasing, rental or use of real property, he
solicits, accepts or agrees to accept from a person some consideration
of value, of two hundred fifty dollars or more, in addition to lawful
rental and other lawful charges, upon an agreement or understanding that
the furnishing of such consideration will increase the possibility that
any person may obtain or renew the lease, rental or use of such
property, or that a failure to furnish it will decrease the possibility
that any person may obtain or renew the same.
Rent gouging in the second degree is a class A misdemeanor.
S 180.57 Rent gouging in the first degree.
A person is guilty of rent gouging in the first degree when, in the
course of a scheme constituting a systematic ongoing course of conduct
in connection with the leasing, rental or use of three or more apartment
units, the rental price of which is regulated pursuant to the provisions
of federal, state or local law, he solicits, accepts or agrees to accept
from one or more persons in three separate transactions some
consideration of value, knowing that such consideration is in addition
to lawful rental and other lawful charges established pursuant to the
provisions of such federal, state or local law, and upon an agreement or
understanding that the furnishing of such consideration will increase
the possibility that any person may obtain or renew the lease, rental or
use of such property, or that a failure to furnish it will decrease the
possibility that any person may obtain or renew same, and thereby
obtains such consideration from one or more persons.
Rent gouging in the first degree is a class E felony.
Back to Top
Burglary
* TITLE I
OFFENSES INVOLVING DAMAGE TO AND INTRUSION UPON PROPERTY
ARTICLE 140
BURGLARY AND RELATED OFFENSES
Section 140.00 Criminal trespass and burglary; definitions of terms.
140.05 Trespass.
140.10 Criminal trespass in the third degree.
140.15 Criminal trespass in the second degree.
140.17 Criminal trespass in the first degree.
140.20 Burglary in the third degree.
140.25 Burglary in the second degree.
140.30 Burglary in the first degree.
140.35 Possession of burglar`s tools.
140.40 Unlawful possession of radio devices.
S 140.00 Criminal trespass and burglary; definitions of terms.
The following definitions are applicable to this article:
1. "Premises" includes the term "building," as defined herein, and any
real property.
2. "Building," in addition to its ordinary meaning, includes any
structure, vehicle or watercraft used for overnight lodging of persons,
or used by persons for carrying on business therein, or used as an
elementary or secondary school, or an inclosed motor truck, or an
inclosed motor truck trailer. Where a building consists of two or more
units separately secured or occupied, each unit shall be deemed both a
separate building in itself and a part of the main building.
3. "Dwelling" means a building which is usually occupied by a person
lodging therein at night.
4. "Night" means the period between thirty minutes after sunset and
thirty minutes before sunrise.
5. "Enter or remain unlawfully." A person "enters or remains
unlawfully" in or upon premises when he is not licensed or privileged to
do so. A person who, regardless of his intent, enters or remains in or
upon premises which are at the time open to the public does so with
license and privilege unless he defies a lawful order not to enter or
remain, personally communicated to him by the owner of such premises or
other authorized person. A license or privilege to enter or remain in a
building which is only partly open to the public is not a license or
privilege to enter or remain in that part of the building which is not
open to the public. A person who enters or remains upon unimproved and
apparently unused land, which is neither fenced nor otherwise enclosed
in a manner designed to exclude intruders, does so with license and
privilege unless notice against trespass is personally communicated to
him by the owner of such land or other authorized person, or unless such
notice is given by posting in a conspicuous manner. A person who enters
or remains in or about a school building without written permission from
someone authorized to issue such permission or without a legitimate
reason which includes a relationship involving custody of or
responsibility for a pupil or student enrolled in the school or without
legitimate business or a purpose relating to the operation of the school
does so without license and privilege.
S 140.05 Trespass.
A person is guilty of trespass when he knowingly enters or remains
unlawfully in or upon premises.
Trespass is a violation.
S 140.10 Criminal trespass in the third degree.
A person is guilty of criminal trespass in the third degree when he
knowingly enters or remains unlawfully in a building or upon real
property
(a) which is fenced or otherwise enclosed in a manner designed to
exclude intruders; or
(b) where the building is utilized as an elementary or secondary
school or a children`s overnight camp as defined in section one thousand
three hundred ninety-two of the public health law or a summer day camp
as defined in section one thousand three hundred ninety-two of the
public health law in violation of conspicuously posted rules or
regulations governing entry and use thereof; or
(c) located within a city with a population in excess of one million
and where the building or real property is utilized as an elementary or
secondary school in violation of a personally communicated request to
leave the premises from a principal, custodian or other person in charge
thereof; or
(d) located outside of a city with a population in excess of one
million and where the building or real property is utilized as an
elementary or secondary school in violation of a personally communicated
request to leave the premises from a principal, custodian, school board
member or trustee, or other person in charge thereof; or
(e) where the building is used as a public housing project in
violation of conspicuously posted rules or regulations governing entry
and use thereof; or
(f) where a building is used as a public housing project in violation
of a personally communicated request to leave the premises from a
housing police officer or other person in charge thereof; or
(g) where the property consists of a right-of-way or yard of a
railroad or rapid transit railroad which has been designated and
conspicuously posted as a no-trespass railroad zone, pursuant to section
eighty-three-b of the railroad law, by the city or county in which such
property is located.
Criminal trespass in the third degree is a class B misdemeanor.
S 140.15 Criminal trespass in the second degree.
A person is guilty of criminal trespass in the second degree when he
knowingly enters or remains unlawfully in a dwelling.
Criminal trespass in the second degree is a class A misdemeanor.
S 140.17 Criminal trespass in the first degree.
A person is guilty of criminal trespass in the first degree when he
knowingly enters or remains unlawfully in a building, and when, in the
course of committing such crime, he:
1. Possesses, or knows that another participant in the crime
possesses, an explosive or a deadly weapon; or
2. Possesses a firearm, rifle or shotgun, as those terms are defined
in section 265.00, 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 in the crime possesses a firearm,
rifle or shotgun under circumstances described in subdivision two.
Criminal trespass in the first degree is a class D felony.
S 140.20 Burglary in the third degree.
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.
Burglary in the third degree is a class D felony.
S 140.25 Burglary in the second degree.
A person is guilty of burglary in the second degree when he knowingly
enters or remains unlawfully in a building with intent to commit a crime
therein, and when:
1. In effecting entry or while in the building or in immediate flight
therefrom, he or another participant in the crime:
(a) Is armed with explosives or a deadly weapon; or
(b) Causes physical injury to any person who is not a participant in
the crime; or
(c) Uses or threatens the immediate use of a dangerous instrument; or
(d) Displays what appears to be a pistol, revolver, rifle, shotgun,
machine gun or other firearm; or
2. The building is a dwelling.
Burglary in the second degree is a class C felony.
S 140.30 Burglary in the first degree.
A person is guilty of burglary in the first degree when he knowingly
enters or remains unlawfully in a dwelling with intent to commit a crime
therein, and when, in effecting entry or while in the dwelling or in
immediate flight therefrom, he or another participant in the crime:
1. Is armed with explosives or a deadly weapon; or
2. Causes physical injury to any person who is not a participant in
the crime; or
3. Uses or threatens the immediate use of a dangerous instrument; or
4. Displays what appears to be a pistol, revolver, rifle, shotgun,
machine gun or other firearm; except that in any prosecution under this
subdivision, it is an affirmative defense that such pistol, revolver,
rifle, shotgun, machine gun or other firearm was not a loaded weapon
from which a shot, readily capable of producing death or other serious
physical injury, could be discharged. Nothing contained in this
subdivision shall constitute a defense to a prosecution for, or preclude
a conviction of, burglary in the second degree, burglary in the third
degree or any other crime.
Burglary in the first degree is a class B felony.
S 140.35 Possession of burglar`s tools.
A person is guilty of possession of burglar`s tools when he possesses
any tool, instrument or other article adapted, designed or commonly used
for committing or facilitating offenses involving forcible entry into
premises, or offenses involving larceny by a physical taking, or
offenses involving theft of services as defined in subdivisions four,
five and six of section 165.15, under circumstances evincing an intent
to use or knowledge that some person intends to use the same in the
commission of an offense of such character.
Possession of burglar`s tools is a class A misdemeanor.
S 140.40 Unlawful possession of radio devices.
As used in this section, the term "radio device" means any device
capable of receiving a wireless voice transmission on any frequency
allocated for police use, or any device capable of transmitting and
receiving a wireless voice transmission. A person is guilty of unlawful
possession of a radio device when he possesses a radio device with the
intent to use that device in the commission of robbery, burglary,
larceny, gambling or a violation of any provision of article two hundred
twenty of the penal law.
Unlawful possession of a radio device is a class B misdemeanor.
Back to Top
Controlled Substances
* ARTICLE 220
CONTROLLED SUBSTANCES OFFENSES
Section 220.00 Controlled substances; definitions.
220.03 Criminal possession of a controlled substance in the
seventh degree.
220.06 Criminal possession of a controlled substance in the
fifth degree.
220.09 Criminal possession of a controlled substance in the
fourth degree.
220.16 Criminal possession of a controlled substance in the
third degree.
220.18 Criminal possession of a controlled substance in the
second degree.
220.21 Criminal possession of a controlled substance in the
first degree.
220.25 Criminal possession of a controlled substance;
presumption.
220.31 Criminal sale of a controlled substance in the fifth
degree.
220.34 Criminal sale of a controlled substance in the fourth
degree.
220.39 Criminal sale of a controlled substance in the third
degree.
220.41 Criminal sale of a controlled substance in the second
degree.
220.43 Criminal sale of a controlled substance in the first
degree.
220.44 Criminal sale of a controlled substance in or near school
grounds.
220.45 Criminally possessing a hypodermic instrument.
220.46 Criminal injection of a narcotic drug.
220.50 Criminally using drug paraphernalia in the second degree.
220.55 Criminally using drug paraphernalia in the first degree.
220.60 Criminal possession of precursors of controlled
substances.
220.65 Criminal sale of a prescription for a controlled
substance.
S 220.00 Controlled substances; definitions.
1. "Sell" means to sell, exchange, give or dispose of to another, or
to offer or agree to do the same.
2. "Unlawfully" means in violation of article thirty-three of the
public health law.
3. "Ounce" means an avoirdupois ounce as applied to solids or
semisolids, and a fluid ounce as applied to liquids.
4. "Pound" means an avoirdupois pound.
5. "Controlled substance" means any substance listed in schedule I,
II, III, IV or V of section thirty-three hundred six of the public
health law other than marihuana, but including concentrated cannabis as
defined in paragraph (a) of subdivision four of section thirty-three
hundred two of such law.
6. "Marihuana" means "marihuana" or "concentrated cannabis" as those
terms are defined in section thirty-three hundred two of the public
health law.
7. "Narcotic drug" means any controlled substance listed in schedule
I(b), I(c), II(b) or II(c) other than methadone.
8. "Narcotic preparation" means any controlled substance listed in
schedule III(d) or III(e).
9. "Hallucinogen" means any controlled substance listed in schedule
I(d) (5), (18), (19), (20), (21) and (22).
10. "Hallucinogenic substance" means any controlled substance listed
in schedule I(d) other than concentrated cannabis, lysergic acid
diethylamide, or an hallucinogen.
11. "Stimulant" means any controlled substance listed in schedule
I(f),II(d).
12. "Dangerous depressant" means any controlled substance listed in
schedule I(e)(2), (3), II(e), III(c)(3) or IV(c)(2), (31), (32), (40).
13. "Depressant" means any controlled substance listed in schedule
IV(c) except (c)(2), (31), (32), (40).
14. "School grounds" means (a) in or on or within any building,
structure, athletic playing field, playground or land contained within
the real property boundary line of a public or private elementary,
parochial, intermediate, junior high, vocational, or high school, or (b)
any area accessible to the public located within one thousand feet of
the real property boundary line comprising any such school or any parked
automobile or other parked vehicle located within one thousand feet of
the real property boundary line comprising any such school. For the
purposes of this section an "area accessible to the public" shall mean
sidewalks, streets, parking lots, parks, playgrounds, stores and
restaurants.
15. "Prescription for a controlled substance" means a direction or
authorization, by means of an official New York state prescription form,
a written prescription form or an oral prescription, which will permit a
person to lawfully obtain a controlled substance from any person
authorized to dispense controlled substances.
S 220.03 Criminal possession of a controlled substance in the seventh
degree.
A person is guilty of criminal possession of a controlled substance in
the seventh degree when he knowingly and unlawfully possesses a
controlled substance.
Criminal possession of a controlled substance in the seventh degree is
a class A misdemeanor.
S 220.06 Criminal possession of a controlled substance in the fifth
degree.
A person is guilty of criminal possession of a controlled substance in
the fifth degree when he knowingly and unlawfully possesses:
1. a controlled substance with intent to sell it; or
2. one or more preparations, compounds, mixtures or substances
containing a narcotic preparation and said preparations, compounds,
mixtures or substances are of an aggregate weight of one-half ounce or
more; or
3. phencyclidine and said phencyclidine weighs fifty milligrams or
more; or
4. one or more preparations, compounds, mixtures or substances
containing concentrated cannabis as defined in paragraph (a) of
subdivision four of section thirty-three hundred two of the public
health law and said preparations, compounds, mixtures or substances are
of an aggregate weight of one-fourth ounce or more; or
5. cocaine and said cocaine weighs five hundred milligrams or more.
6. ketamine and said ketamine weighs more than one thousand
milligrams; or
7. ketamine and has previously been convicted of possession or the
attempt to commit possession of ketamine in any amount; or
8. one or more preparations, compounds, mixtures or substances
containing gamma hydroxybutyric acid, as defined in paragraph four of
subdivision (e) of schedule I of section thirty-three hundred six of the
public health law, and said preparations, compounds, mixtures or
substances are of an aggregate weight of twenty-eight grams or more.
Criminal possession of a controlled substance in the fifth degree is a
class D felony.
S 220.09 Criminal possession of a controlled substance in the fourth
degree.
A person is guilty of criminal possession of a controlled substance in
the fourth degree when he knowingly and unlawfully possesses:
1. one or more preparations, compounds, mixtures or substances
containing a narcotic drug and said preparations, compounds, mixtures or
substances are of an aggregate weight of one-eighth ounce or more; or
2. one or more preparations, compounds, mixtures or substances
containing methamphetamine, its salts, isomers or salts of isomers and
said preparations, compounds, mixtures or substances are of an aggregate
weight of one-half ounce or more; or
3. one or more preparations, compounds, mixtures or substances
containing a narcotic preparation and said preparations, compounds,
mixtures or substances are of an aggregate weight of two ounces or more;
or
4. a stimulant and said stimulant weighs one gram or more; or
5. lysergic acid diethylamide and said lysergic acid diethylamide
weighs one milligram or more; or
6. a hallucinogen and said hallucinogen weighs twenty-five milligrams
or more; or
7. a hallucinogenic substance and said hallucinogenic substance weighs
one gram or more; or
8. a dangerous depressant and such dangerous depressant weighs ten
ounces or more; or
9. a depressant and such depressant weighs two pounds or more; or
10. one or more preparations, compounds, mixtures or substances
containing concentrated cannabis as defined in paragraph (a) of
subdivision four of section thirty-three hundred two of the public
health law and said preparations, compounds, mixtures or substances are
of an aggregate weight of one ounce or more; or
11. phencyclidine and said phencyclidine weighs two hundred fifty
milligrams or more; or
12. methadone and said methadone weighs three hundred sixty milligrams
or more; or
13. phencyclidine and said phencyclidine weighs fifty milligrams or
more with intent to sell it and has previously been convicted of an
offense defined in this article or the attempt or conspiracy to commit
any such offense; or
14. ketamine and said ketamine weighs four thousand milligrams or
more; or
15. one or more preparations, compounds, mixtures or substances
containing gamma hydroxybutyric acid, as defined in paragraph four of
subdivision (e) of schedule I of section thirty-three hundred six of the
public health law, and said preparations, compounds, mixtures or
substances are of an aggregate weight of two hundred grams or more.
Criminal possession of a controlled substance in the fourth degree is
a class C felony.
S 220.16 Criminal possession of a controlled substance in the third
degree.
A person is guilty of criminal possession of a controlled substance in
the third degree when he knowingly and unlawfully possesses:
1. a narcotic drug with intent to sell it; or
2. a stimulant, hallucinogen, hallucinogenic substance, or lysergic
acid diethylamide, with intent to sell it and has previously been con-
victed of an offense defined in article two hundred twenty or the
attempt or conspiracy to commit any such offense; or
3. a stimulant with intent to sell it and said stimulant weighs one
gram or more; or
4. lysergic acid diethylamide with intent to sell it and said
lysergic acid diethylamide weighs one milligram or more; or
5. a hallucinogen with intent to sell it and said hallucinogen weighs
twenty-five milligrams or more; or
6. a hallucinogenic substance with intent to sell it and said
hallucinogenic substance weighs one gram or more; or
7. one or more preparations, compounds, mixtures or substances
containing methamphetamine, its salts, isomers or salts of isomers with
intent to sell it and said preparations, compounds, mixtures or
substances are of an aggregate weight of one-eighth ounce or more; or
8. a stimulant and said stimulant weighs five grams or more; or
9. lysergic acid diethylamide and said lysergic acid diethylamide
weighs five milligrams or more; or
10. a hallucinogen and said hallucinogen weighs one hundred
twenty-five milligrams or more; or
11. a hallucinogenic substance and said hallucinogenic substance
weighs five grams or more; or
12. one or more preparations, compounds, mixtures or substances
containing a narcotic drug and said preparations, compounds, mixtures or
substances are of an aggregate weight of one-half ounce or more; or
13. phencyclidine and said phencyclidine weighs one thousand two
hundred fifty milligrams or more.
Criminal possession of a controlled substance in the third degree is a
class B felony.
S 220.18 Criminal possession of a controlled substance in the second
degree.
A person is guilty of criminal possession of a controlled substance in
the second degree when he knowingly and unlawfully possesses:
1. one or more preparations, compounds, mixtures or substances
containing a narcotic drug and said preparations, compounds, mixtures or
substances are of an aggregate weight of two ounces or more; or
2. one or more preparations, compounds, mixtures or substances
containing methamphetamine, its salts, isomers or salts of isomers and
said preparations, compounds, mixtures or substances are of an aggregate
weight of two ounces or more; or
3. a stimulant and said stimulant weighs ten grams or more; or
4. lysergic acid diethylamide and said lysergic acid diethylamide
weighs twenty-five milligrams or more; or
5. a hallucinogen and said hallucinogen weighs six hundred
twenty-five milligrams or more; or
6. a hallucinogenic substance and said hallucinogenic substance
weighs twenty-five grams or more; or
7. methadone and said methadone weighs two thousand eight hundred
eighty milligrams or more.
Criminal possession of a controlled substance in the second degree is
a class A-II felony.
S 220.21 Criminal possession of a controlled substance in the first
degree.
A person is guilty of criminal possession of a controlled substance in
the first degree when he knowingly and unlawfully possesses:
1. one or more preparations, compounds, mixtures or substances
containing a narcotic drug and said preparations, compounds, mixtures or
substances are of an aggregate weight of four ounces or more; or
2. methadone and said methadone weighs five thousand seven hundred
sixty milligrams or more.
Criminal possession of a controlled substance in the first degree is a
class A-I felony.
S 220.25 Criminal possession of a controlled substance; presumption.
1. The presence of a controlled substance in an automobile, other than
a public omnibus, is presumptive evidence of knowing possession thereof
by each and every person in the automobile at the time such controlled
substance was found; except that such presumption does not apply (a) to
a duly licensed operator of an automobile who is at the time operating
it for hire in the lawful and proper pursuit of his trade, or (b) to any
person in the automobile if one of them, having obtained the controlled
substance and not being under duress, is authorized to possess it and
such controlled substance is in the same container as when he received
possession thereof, or (c) when the controlled substance is concealed
upon the person of one of the occupants.
2. The presence of a narcotic drug, narcotic preparation, marihuana or
phencyclidine in open view in a room, other than a public place, under
circumstances evincing an intent to unlawfully mix, compound, package or
otherwise prepare for sale such controlled substance is presumptive
evidence of knowing possession thereof by each and every person in close
proximity to such controlled substance at the time such controlled
substance was found; except that such presumption does not apply to any
such persons if (a) one of them, having obtained such controlled
substance and not being under duress, is authorized to possess it and
such controlled substance is in the same container as when he received
possession thereof, or (b) one of them has such controlled substance
upon his person.
S 220.31 Criminal sale of a controlled substance in the fifth degree.
A person is guilty of criminal sale of a controlled substance in the
fifth degree when he knowingly and unlawfully sells a controlled
substance.
Criminal sale of a controlled substance in the fifth degree is a class
D felony.
S 220.34 Criminal sale of a controlled substance in the fourth degree.
A person is guilty of criminal sale of a controlled substance in the
fourth degree when he knowingly and unlawfully sells:
1. a narcotic preparation; or
2. a dangerous depressant or a depressant and the dangerous depressant
weighs ten ounces or more, or the depressant weighs two pounds or more;
or
3. concentrated cannabis as defined in paragraph (a) of subdivision
four of section thirty-three hundred two of the public health law; or
4. phencyclidine and the phencyclidine weighs fifty milligrams or
more; or
5. methadone; or
6. any amount of phencyclidine and has previously been convicted of an
offense defined in this article or the attempt or conspiracy to commit
any such offense; or
6-a. ketamine and said ketamine weighs four thousand milligrams or
more.
7. a controlled substance in violation of section 220.31 of this
article, when such sale takes place upon school grounds; or
8. a controlled substance in violation of section 220.31 of this
article, when such sale takes place upon the grounds of a child day care
or educational facility under circumstances evincing knowledge by the
defendant that such sale is taking place upon such grounds. As used in
this subdivision, the phrase "the grounds of a child day care or
educational facility" shall have the same meaning as provided for in
subdivision five of section 220.44 of this article. For the purposes of
this subdivision, a rebuttable presumption shall be established that a
person has knowledge that they are within the grounds of a child day
care or educational facility when notice is conspicuously posted of the
presence or proximity of such facility; or
9. one or more preparations, compounds, mixtures or substances
containing gamma hydroxybutyric acid, as defined in paragraph four of
subdivision (e) of schedule I of section thirty-three hundred six of the
public health law, and said preparations, compounds, mixtures or
substances are of an aggregate weight of twenty-eight grams or more.
Criminal sale of a controlled substance in the fourth degree is a
class C felony.
S 220.39 Criminal sale of a controlled substance in the third degree.
A person is guilty of criminal sale of a controlled substance in the
third degree when he knowingly and unlawfully sells:
1. a narcotic drug; or
2. a stimulant, hallucinogen, hallucinogenic substance, or lysergic
acid diethylamide and has previously been convicted of an offense
defined in article two hundred twenty or the attempt or conspiracy to
commit any such offense; or
3. a stimulant and the stimulant weighs one gram or more; or
4. lysergic acid diethylamide and the lysergic acid diethylamide
weighs one milligram or more; or
5. a hallucinogen and the hallucinogen weighs twenty-five milligrams
or more; or
6. a hallucinogenic substance and the hallucinogenic substance weighs
one gram or more; or
7. one or more preparations, compounds, mixtures or substances
containing methamphetamine, its salts, isomers or salts of isomers and
the preparations, compounds, mixtures or substances are of an aggregate
weight of one-eighth ounce or more; or
8. phencyclidine and the phencyclidine weighs two hundred fifty
milligrams or more; or
9. a narcotic preparation to a person less than twenty-one years old.
Criminal sale of a controlled substance in the third degree is a class
B felony.
S 220.41 Criminal sale of a controlled substance in the second degree.
A person is guilty of criminal sale of a controlled substance in the
second degree when he knowingly and unlawfully sells:
1. one or more preparations, compounds, mixtures or substances
containing a narcotic drug and the preparations, compounds, mixtures or
substances are of an aggregate weight of one-half ounce or more; or
2. one or more preparations, compounds, mixtures or substances
containing methamphetamine, its salts, isomers or salts of isomers and
the preparations, compounds, mixtures or substances are of an aggregate
weight of one-half ounce or more; or
3. a stimulant and the stimulant weighs five grams or more; or
4. lysergic acid diethylamide and the lysergic acid diethylamide
weighs five milligrams or more; or
5. a hallucinogen and the hallucinogen weighs one hundred twenty-five
milligrams or more; or
6. a hallucinogenic substance and the hallucinogenic substance weighs
five grams or more; or
7. methadone and the methadone weighs three hundred sixty milligrams
or more.
Criminal sale of a controlled substance in the second degree is a
class A-II felony.
S 220.43 Criminal sale of a controlled substance in the first degree.
A person is guilty of criminal sale of a controlled substance in the
first degree when he knowingly and unlawfully sells:
1. one or more preparations, compounds, mixtures or substances
containing a narcotic drug and the preparations, compounds, mixtures or
substances are of an aggregate weight of two ounces or more; or
2. methadone and the methadone weighs two thousand eight hundred
eighty milligrams or more.
Criminal sale of a controlled substance in the first degree is a class
A-I felony.
S 220.44 Criminal sale of a controlled substance in or near school
grounds.
A person is guilty of criminal sale of a controlled substance in or
near school grounds when he knowingly and unlawfully sells:
1. a controlled substance in violation of any one of subdivisions one
through six-a of section 220.34 of this article, when such sale takes
place upon school grounds; or
2. a controlled substance in violation of any one of subdivisions one
through eight of section 220.39 of this article, when such sale takes
place upon school grounds; or
3. a controlled substance in violation of any one of subdivisions one
through six of section 220.34 of this article, when such sale takes
place upon the grounds of a child day care or educational facility under
circumstances evincing knowledge by the defendant that such sale is
taking place upon such grounds; or
4. a controlled substance in violation of any one of subdivisions one
through eight of section 220.39 of this article, when such sale takes
place upon the grounds of a child day care or educational facility under
circumstances evincing knowledge by the defendant that such sale is
taking place upon such grounds.
5. For purposes of subdivisions three and four of this section, "the
grounds of a child day care or educational facility" means (a) in or on
or within any building, structure, athletic playing field, a playground
or land contained within the real property boundary line of a public or
private child day care center as such term is defined in paragraph (c)
of subdivision one of section three hundred ninety of the social
services law, or nursery, pre-kindergarten or kindergarten, or (b) any
area accessible to the public located within one thousand feet of the
real property boundary line comprising any such facility or any parked
automobile or other parked vehicle located within one thousand feet of
the real property boundary line comprising any such facility. For the
purposes of this section an "area accessible to the public" shall mean
sidewalks, streets, parking lots, parks, playgrounds, stores and
restaurants.
6. For the purposes of this section, a rebuttable presumption shall be
established that a person has knowledge that they are within the grounds
of a child day care or educational facility when notice is conspicuously
posted of the presence or proximity of such facility.
Criminal sale of a controlled substance in or near school grounds is a
class B felony.
S 220.45 Criminally possessing a hypodermic instrument.
A person is guilty of criminally possessing a hypodermic instrument
when he knowingly and unlawfully possesses or sells a hypodermic syringe
or hypodermic needle.
Criminally possessing a hypodermic instrument is a class A
misdemeanor.
S 220.46 Criminal injection of a narcotic drug.
A person is guilty of criminal injection of a narcotic drug when he
knowingly and unlawfully possesses a narcotic drug and he intentionally
injects by means of a hypodermic syringe or hypodermic needle all or any
portion of that drug into the body of another person with the latter`s
consent.
Criminal injection of a narcotic drug is a class E felony.
S 220.50 Criminally using drug paraphernalia in the second degree.
A person is guilty of criminally using drug paraphernalia in the
second degree when he knowingly possesses or sells:
1. Diluents, dilutants or adulterants, including but not limited to,
any of the following: quinine hydrochloride, mannitol, mannite, lactose
or dextrose, adapted for the dilution of narcotic drugs or stimulants
under circumstances evincing an intent to use, or under circumstances
evincing knowledge that some person intends to use, the same for
purposes of unlawfully mixing, compounding, or otherwise preparing any
narcotic drug or stimulant; or
2. Gelatine capsules, glassine envelopes, vials, capsules or any other
material suitable for the packaging of individual quantities of narcotic
drugs or stimulants under circumstances evincing an intent to use, or
under circumstances evincing knowledge that some person intends to use,
the same for the purpose of unlawfully manufacturing, packaging or
dispensing of any narcotic drug or stimulant; or
3. Scales and balances used or designed for the purpose of weighing or
measuring controlled substances, under circumstances evincing an intent
to use, or under circumstances evincing knowledge that some person
intends to use, the same for purpose of unlawfully manufacturing,
packaging or dispensing of any narcotic drug or stimulant.
Criminally using drug paraphernalia in the second degree is a class A
misdemeanor.
S 220.55 Criminally using drug paraphernalia in the first degree.
A person is guilty of criminally using drug paraphernalia in the first
degree when he commits the crime of criminally using drug paraphernalia
in the second degree and he has previously been convicted of criminally
using drug paraphernalia in the second degree.
Criminally using drug paraphernalia in the first degree is a class D
felony.
S 220.60 Criminal possession of precursors of controlled substances.
A person is guilty of criminal possession of precursors of con-
trolled substances when, with intent to manufacture a controlled sub-
stance unlawfully, he possesses at the same time:
(a) carbamide (urea) and propanedioc and malonic acid or its
derivatives; or
(b) ergot or an ergot derivative and diethylamine or dimethyl-
formamide or diethylamide; or
(c) phenylacetone (1-phenyl-2 propanone) and hydroxylamine or ammonia
or formamide or benzaldehyde or nitroethane or methylamine.
(d) pentazocine and methyliodide; or
(e) phenylacetonitrile and dichlorodiethyl methylamine or dichlor-
odiethyl benzylamine; or
(f) diephenylacetonitrile and dimethylaminoisopropyl chloride; or
(g) piperidine and cyclohexanone and bromobenzene and lithium or
magnesium; or
(h) 2, 5-dimethoxy benzaldehyde and nitroethane and a reducing agent.
Criminal prossession of precursors of controlled substances is a class
E felony.
S 220.65 Criminal sale of a prescription for a controlled substance.
A person is guilty of criminal sale of a prescription for a controlled
substance when, being a practitioner, as that term is defined in section
thirty-three hundred two of the public health law, he knowingly and
unlawfully sells a prescription for a controlled substance. For the
purposes of this section, a person sells a prescription for a controlled
substance unlawfully when he does so other than in good faith in the
course of his professional practice.
Criminal sale of a prescription is a class C felony. Back to Top
Criminal Facilitation
* ARTICLE 115
CRIMINAL FACILITATION
Section 115.00 Criminal facilitation in the fourth degree.
115.01 Criminal facilitation in the third degree.
115.05 Criminal facilitation in the second degree.
115.08 Criminal facilitation in the first degree.
115.10 Criminal facilitation; no defense.
115.15 Criminal facilitation; corroboration.
S 115.00 Criminal facilitation in the fourth degree.
A person is guilty of criminal facilitation in the fourth degree when,
believing it probable that he is rendering aid:
1. to a person who intends to commit a crime, he engages in conduct
which provides such person with means or opportunity for the commission
thereof and which in fact aids such person to commit a felony; or
2. to a person under sixteen years of age who intends to engage in
conduct which would constitute a crime, he, being over eighteen years of
age, engages in conduct which provides such person with means or
opportunity for the commission thereof and which in fact aids such
person to commit a crime.
Criminal facilitation in the fourth degree is a class A misdemeanor.
S 115.01 Criminal facilitation in the third degree.
A person guilty of criminal facilitation in the third degree, when
believing it probable that he is rendering aid to a person under sixteen
years of age who intends to engage in conduct that would constitute a
felony, he, being over eighteen years of age, engages in conduct which
provides such person with means or opportunity for the commission
thereof and which in fact aids such person to commit a felony.
Criminal facilitation in the third degree is a class E felony.
S 115.05 Criminal facilitation in the second degree.
A person is guilty of criminal facilitation in the second degree when,
believing it probable that he is rendering aid to a person who intends
to commit a class A felony, he engages in conduct which provides such
person with means or opportunity for the commission thereof and which in
fact aids such person to commit such class A felony.
Criminal facilitation in the second degree is a class C felony.
S 115.08 Criminal facilitation in the first degree.
A person is guilty of criminal facilitation in the first degree when,
believing it probable that he is rendering aid to a person under sixteen
years of age who intends to engage in conduct that would constitute a
class A felony, he, being over eighteen years of age, engages in conduct
which provides such person with means or opportunity for the commission
thereof and which in fact aids such person to commit such a class A
felony.
Criminal facilitation in the first degree is a class B felony.
S 115.10 Criminal facilitation; no defense.
It is no defense to a prosecution for criminal facilitation that:
1. The person facilitated was not guilty of the underlying felony
owing to criminal irresponsibility or other legal incapacity or
exemption, or to unawareness of the criminal nature of the conduct in
question or to other factors precluding the mental state required for
the commission of such felony; or
2. The person facilitated has not been prosecuted for or convicted of
the underlying felony, or has previously been acquitted thereof; or
3. The defendant himself is not guilty of the felony which he
facilitated because he did not act with the intent or other culpable
mental state required for the commission thereof.
S 115.15 Criminal facilitation; corroboration.
A person shall not be convicted of criminal facilitation upon the
testimony of a person who has committed the felony charged to have been facilitated unless such testimony be corroborated by such other evidence as tends to connect the defendant with such facilitation. Back to Top
Criminal Mischief
* ARTICLE 145
CRIMINAL MISCHIEF AND RELATED OFFENSES
Section 145.00 Criminal mischief in the fourth degree.
145.05 Criminal mischief in the third degree.
145.10 Criminal mischief in the second degree.
145.12 Criminal mischief in the first degree.
145.14 Criminal tampering in the third degree.
145.15 Criminal tampering in the second degree.
145.20 Criminal tampering in the first degree.
145.22 Cemetery desecration in the second degree.
145.23 Cemetery desecration in the first degree.
145.25 Reckless endangerment of property.
145.30 Unlawfully posting advertisements.
145.35 Tampering with a consumer product; consumer product
defined.
145.40 Tampering with a consumer product in the second degree.
145.45 Tampering with a consumer product in the first degree.
145.50 Penalties for littering on railroad tracks and
rights-of-way.
145.60 Making graffiti.
145.65 Possession of graffiti instruments.
145.70 Criminal possession of a taximeter accelerating device.
S 145.00 Criminal mischief in the fourth degree.
A person is guilty of criminal mischief in the fourth degree when,
having no right to do so nor any reasonable ground to believe that he
has such right, he:
1. Intentionally damages property of another person; or
2. Intentionally particpates in the destruction of an abandoned
building as defined in section one thousand nine hundred seventy-one-a
of the real property actions and proceedings law; or
3. Recklessly damages property of another person in an amount
exceeding two hundred fifty dollars.
Criminal mischief in the fourth degree is a class A misdemeanor.
S 145.05 Criminal mischief in the third degree.
A person is guilty of criminal mischief in the third degree when, with
intent to damage property of another person, and having no right to do
so nor any reasonable ground to believe that he or she has such right,
he or she:
1. damages the motor vehicle of another person, by breaking into such
vehicle when it is locked with the intent of stealing property, and
within the previous ten year period, has been convicted three or more
times, in separate criminal transactions for which sentence was imposed
on separate occasions, of criminal mischief in the fourth degree as
defined in section 145.00, criminal mischief in the third degree as
defined in this section, criminal mischief in the second degree as
defined in section 145.10, or criminal mischief in the first degree as
defined in section 145.12 of this article; or
2. damages property of another person in an amount exceeding two
hundred fifty dollars.
Criminal mischief in the third degree is a class E felony.
S 145.10 Criminal mischief in the second degree.
A person is guilty of criminal mischief in the second degree when with
intent to damage property of another person, and having no right to do
so nor any reasonable ground to believe that he has such right, he
damages property of another person in an amount exceeding one thousand
five hundred dollars.
Criminal mischief in the second degree is a class D felony.
S 145.12 Criminal mischief in the first degree.
A person is guilty of criminal mischief in the first degree when with
intent to damage property of another person, and having no right to do
so nor any reasonable ground to believe that he has such right, he
damages property of another person by means of an explosive.
Criminal mischief in the first degree is a class B felony.
S 145.14 Criminal tampering in the third degree.
A person is guilty of criminal tampering in the third degree when,
having no right to do so nor any reasonable ground to believe that he
has such right, he tampers with property of another person with intent
to cause substantial inconvenience to such person or to a third person.
Criminal tampering in the third degree is a class B misdemeanor.
S 145.15 Criminal tampering in the second degree.
A person is guilty of criminal tampering in the second degree when,
having no right to do so nor any reasonable ground to believe that he
has such right, he tampers or makes connection with property of a gas,
electric, sewer, steam or water-works corporation, telephone or
telegraph corporation, common carrier, or public utility operated by a
municipality or district; except that in any prosecution under this
section, it is an affirmative defense that the defendant did not engage
in such conduct for a larcenous or otherwise unlawful or wrongful
purpose.
Criminal tampering in the second degree is a class A misdemeanor.
S 145.20 Criminal tampering in the first degree.
A person is guilty of criminal tampering in the first degree when,
with intent to cause a substantial interruption or impairment of a
service rendered to the public, and having no right to do so nor any
reasonable ground to believe that he has such right, he damages or
tampers with property of a gas, electric, sewer, steam or water-works
corporation, telephone or telegraph corporation, common carrier, or
public utility operated by a municipality or district, and thereby
causes such substantial interruption or impairment of service.
Criminal tampering in the first degree is a class D felony.
S 145.22 Cemetery desecration in the second degree.
A person is guilty of cemetery desecration in the second degree when
with intent to damage property of another person, and having no right to
do so nor any reasonable ground to believe that he has such right, he
damages any real or personal property maintained as a cemetery plot,
grave, burial place or other place of interment of human remains.
Cemetery desecration in the second degree is a class A misdemeanor.
S 145.23 Cemetery desecration in the first degree.
A person is guilty of cemetery desecration in the first degree when
with intent to damage property of another person, and having no right to
do so nor any reasonable ground to believe that he has such right, he:
(a) damages any real or personal property maintained as a cemetery
plot, grave, burial place or other place of interment of human remains
in an amount exceeding two hundred fifty dollars; or
(b) commits the crime of cemetery desecration in the second degree as
defined in section 145.22 of this article and has been previously
convicted of the crime of cemetery desecration in the second degree
within the preceding five years.
Cemetery desecration in the first degree is a class E felony.
S 145.25 Reckless endangerment of property.
A person is guilty of reckless endangerment of property when he
recklessly engages in conduct which creates a substantial risk of damage
to the property of another person in an amount exceeding two hundred
fifty dollars.
Reckless endangerment of property is a class B misdemeanor.
S 145.30 Unlawfully posting advertisements.
1. A person is guilty of unlawfully posting advertisements when,
having no right to do so nor any reasonable ground to believe that he
has such right, he posts, paints or otherwise affixes to the property of
another person any advertisement, poster, notice or other matter
designed to benefit a person other than the owner of the property.
2. Where such matter consists of a commercial advertisement, it shall
be presumed that the vendor of the specified product, service or
entertainment is a person who placed such advertisement or caused it to
be placed upon the property.
Unlawfully posting advertisements is a violation.
S 145.35 Tampering with a consumer product; consumer product defined.
For the purposes of sections 145.40 and 145.45 of this article,
"consumer product" means any drug, food, beverage or thing which is
displayed or offered for sale to the public, for administration into or
ingestion by a human being or for application to any external surface of
a human being.
S 145.40 Tampering with a consumer product in the second degree.
A person is guilty of tampering with a consumer product in the second
degree when, having no right to do so nor any reasonable ground to
believe that he has such right, and with intent to cause physical injury
to another or with intent to instill in another a fear that he will
cause such physical injury, he alters, adulterates or otherwise
contaminates a consumer product.
Tampering with a consumer product in the second degree is a class A
misdemeanor.
S 145.45 Tampering with a consumer product in the first degree.
A person is guilty of tampering with a consumer product in the first
degree when, having no right to do so nor any reasonable ground to
believe that he has such right, and with intent to cause physical injury
to another or with intent to instill in another a fear that he will
cause such physical injury, he alters, adulterates or otherwise
contaminates a consumer product and thereby creates a substantial risk
of serious physical injury to one or more persons.
Tampering with a consumer product in the first degree is a class E
felony.
S 145.50 Penalties for littering on railroad tracks and rights-of-way.
1. No person shall throw, dump, or cause to be thrown, dumped,
deposited or placed upon any railroad tracks, or within the limits of
the rights-of-way of any railroad, any refuse, trash, garbage, rubbish,
litter or any nauseous or offensive matter.
2. Where a highway or road lies in whole or part within a railroad
rights-of-way, nothing in this section shall be construed as prohibiting
the use in a reasonable manner of ashes, sand, salt or other material
for the purpose of reducing the hazard of, or providing traction on
snow, ice or sleet situated on such highway or road.
3. A violation of the provisions of subdivision one of this section
shall be punishable by a fine not to exceed two hundred fifty dollars
and/or a requirement to perform services for a public or not-for-profit
corporation, association, institution or agency not to exceed eight
hours and for any second or subsequent violation by a fine not to exceed
five hundred dollars and/or a requirement to perform services for a
public or not-for-profit corporation, association, institution or agency
not to exceed eight hours.
4. Nothing in this section shall be deemed to apply to a railroad or
its employees when matter deposited by them on the railroad tracks or
rights-of-way is done pursuant to railroad rules, regulations or
procedures.
S 145.60 Making graffiti.
1. For purposes of this section, the term "graffiti" shall mean the
etching, painting, covering, drawing upon or otherwise placing of a mark
upon public or private property with intent to damage such property.
2. No person shall make graffiti of any type on any building, public
or private, or any other property real or personal owned by any person,
firm or corporation or any public agency or instrumentality, without the
express permission of the owner or operator of said property.
Making graffiti is a class A misdemeanor. Back to Top
DWI or DUI
*
Vehicle & Traffic
ARTICLE 31
ALCOHOL AND DRUG-RELATED OFFENSES
AND PROCEDURES APPLICABLE THERETO
Section 1192. Operating a motor vehicle while under the influence of
alcohol or drugs.
1192-a. Operating a motor vehicle after having consumed
alcohol; under the age of twenty-one; per se.
1193. Sanctions.
1194. Arrest and testing.
1194-a. Driving after having consumed alcohol; under
twenty-one; procedure.
1195. Chemical test evidence.
1196. Alcohol and drug rehabilitation program.
1197. Special traffic options program for driving while
intoxicated.
1198. Ignition interlock device program.
S 1192. Operating a motor vehicle while under the influence of alcohol
or drugs. 1. Driving while ability impaired. No person shall operate a
motor vehicle while the person`s ability to operate such motor vehicle
is impaired by the consumption of alcohol.
2. Driving while intoxicated; per se. No person shall operate a motor
vehicle while such person has .08 of one per centum or more by weight of
alcohol in the 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 this article.
3. Driving while intoxicated. No person shall operate a motor vehicle
while in an intoxicated condition.
4. Driving while ability impaired by drugs. No person shall operate a
motor vehicle while the person`s ability to operate such a motor vehicle
is impaired by the use of a drug as defined in this chapter.
5. Commercial motor vehicles: per se - level I. Notwithstanding the
provisions of section eleven hundred ninety-five of this article, no
person shall operate a commercial motor vehicle while such person has
.04 of one per centum or more but not more than .06 of one per centum by
weight of alcohol in the 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 this article;
provided, however, nothing contained in this subdivision shall prohibit
the imposition of a charge of a violation of subdivision one of this
section, or of section eleven hundred ninety-two-a of this article where
a person under the age of twenty-one operates a commercial motor vehicle
where a chemical analysis of such person`s blood, breath, urine, or
saliva, made pursuant to the provisions of section eleven hundred
ninety-four of this article, indicates that such operator has .02 of one
per centum or more but less than .04 of one per centum by weight of
alcohol in such operator`s blood.
6. Commercial motor vehicles; per se - level II. Notwithstanding the
provisions of section eleven hundred ninety-five of this article, no
person shall operate a commercial motor vehicle while such person has
more than .06 of one per centum but less than .08 of one per centum by
weight of alcohol in the 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 this article;
provided, however, nothing contained in this subdivision shall prohibit
the imposition of a charge of a violation of subdivision one of this
section.
7. Where applicable. The provisions of this section shall apply upon
public highways, private roads open to motor vehicle traffic and any
other parking lot. For the purposes of this section "parking lot" shall
mean any area or areas of private property, including a driveway, near
or contiguous to and provided in connection with premises and used as a
means of access to and egress from a public highway to such premises and
having a capacity for the parking of four or more motor vehicles. The
provisions of this section shall not apply to any area or areas of
private property comprising all or part of property on which is situated
a one or two family residence.
8. Effect of prior out-of-state conviction. A prior out-of-state
conviction for operating a motor vehicle while under the influence of
alcohol or drugs shall be deemed to be a prior conviction of a violation
of subdivision one of this section for purposes of determining penalties
imposed under this section or for purposes of any administrative action
required to be taken pursuant to subdivision two of section eleven
hundred ninety-three of this article; provided, however, that such
conduct, had it occurred in this state, would have constituted a
violation of any of the provisions of this section. This subdivision
shall only apply to convictions occurring on or after November
twenty-ninth, nineteen hundred eighty-five.
8-a. Effect of prior finding of having consumed alcohol. A prior
finding that a person under the age of twenty-one has operated a motor
vehicle after having consumed alcohol pursuant to section eleven hundred
ninety-four-a of this article shall have the same effect as a prior
conviction of a violation of subdivision one of this section solely for
the purpose of determining the length of any license suspension or
revocation required to be imposed under any provision of this article,
provided that the subsequent offense is committed prior to the
expiration of the retention period for such prior offense or offenses
set forth in paragraph (k) of subdivision one of section two hundred one
of this chapter.
9. Conviction of a different charge. A driver may be convicted of a
violation of subdivision one, two or three of this section,
notwithstanding that the charge laid before the court alleged a
violation of subdivision two or three of this section, and regardless of
whether or not such conviction is based on a plea of guilty.
10. Plea bargain limitations. (a) In any case wherein the charge laid
before the court alleges a violation of subdivision two, three or four
of this section, any plea of guilty thereafter entered in satisfaction
of such charge must include at least a plea of guilty to the violation
of the provisions of one of the subdivisions of this section, other than
subdivision five or six, and no other disposition by plea of guilty to
any other charge in satisfaction of such charge shall be authorized;
provided, however, if the district attorney, upon reviewing the
available evidence, determines that the charge of a violation of this
section is not warranted, such district attorney may consent, and the
court may allow a disposition by plea of guilty to another charge in
satisfaction of such charge; provided, however, in all such cases, the
court shall set forth upon the record the basis for such disposition. In
any case wherein the charge laid before the court alleges a violation of
subdivision one of this section and the operator was under the age of
twenty-one at the time of such violation, any plea of guilty thereafter
entered in satisfaction of such charge must include at least a plea of
guilty to the violation of such subdivision; provided, however, such
charge may instead be satisfied as provided in paragraph (c) of this
subdivision, and, provided further that, if the district attorney, upon
reviewing the available evidence, determines that the charge of a
violation of subdivision one of this section is not warranted, such
district attorney may consent, and the court may allow a disposition by
plea of guilty to another charge in satisfaction of such charge;
provided, however, in all such cases, the court shall set forth upon the
record the basis for such disposition.
(b) In any case wherein the charge laid before the court alleges a
violation of subdivision one or six of this section while operating a
commercial motor vehicle, any plea of guilty thereafter entered in
satisfaction of such charge must include at least a plea of guilty to
the violation of the provisions of one of the subdivisions of this
section and no other disposition by plea of guilty to any other charge
in satisfaction of such charge shall be authorized; provided, however,
if the district attorney upon reviewing the available evidence
determines that the charge of a violation of this section is not
warranted, he may consent, and the court may allow, a disposition by
plea of guilty to another charge is satisfaction of such charge.
(c) Except as provided in paragraph (b) of this subdivision, in any
case wherein the charge laid before the court alleges a violation of
subdivision one of this section by a person who was under the age of
twenty-one at the time of commission of the offense, the court, with the
consent of both parties, may allow the satisfaction of such charge by
the defendant`s agreement to be subject to action by the commissioner
pursuant to section eleven hundred ninety-four-a of this article. In any
such case, the defendant shall waive the right to a hearing under
section eleven hundred ninety-four-a of this article and such waiver
shall have the same force and effect as a finding of a violation of
section eleven hundred ninety-two-a of this article entered after a
hearing conducted pursuant to such section eleven hundred ninety-four-a.
The defendant shall execute such waiver in open court, and, if
represented by counsel, in the presence of his attorney, on a form to be
provided by the commissioner, which shall be forwarded by the court to
the commissioner within ninety-six hours. To be valid, such form shall,
at a minimum, contain clear and conspicuous language advising the
defendant that a duly executed waiver: (i) has the same force and effect
as a guilty finding following a hearing pursuant to section eleven
hundred ninety-four-a of this article; (ii) shall subject the defendant
to the imposition of sanctions pursuant to such section eleven hundred
ninety-four-a; and (iii) may subject the defendant to increased
sanctions upon a subsequent violation of this section or section eleven
hundred ninety-two-a of this article. Upon receipt of a duly executed
waiver pursuant to this paragraph, the commissioner shall take such
administrative action and impose such sanctions as may be required by
section eleven hundred ninety-four-a of this article.
11. No person other than an operator of a commercial motor vehicle may
be charged with or convicted of a violation of subdivision five or six
of this section.
12. Driving while intoxicated or while ability impaired by
drugs--serious physical injury or death. In every case where a person is
charged with a violation of subdivision two, three or four of this
section, the law enforcement officer alleging such charge shall make a
clear notation in the "Description of Violation" section of a simplified
traffic information if, arising out of the same incident, someone other
than the person charged was killed or suffered serious physical injury
as defined in section 10.00 of the penal law; such notation shall be in
the form of a "D" if someone other than the person charged was killed
and such notation shall be in the form of a "S.P.I." if someone other
than the person charged suffered serious physical injury; provided,
however, that the failure to make such notation shall in no way affect a
charge for a violation of subdivision two, three or four of this
section.
S 1192-a. Operating a motor vehicle after having consumed alcohol;
under the age of twenty-one; per se. No person under the age of
twenty-one shall operate a motor vehicle after having consumed alcohol
as defined in this section. For purposes of this section, a person under
the age of twenty-one is deemed to have consumed alcohol only if such
person has .02 of one per centum or more but not more than .07 of one
per centum by weight of alcohol in the 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 this
article. Any person who operates a motor vehicle in violation of this
section, and who is not charged with a violation of any subdivision of
section eleven hundred ninety-two of this article arising out of the
same incident shall be referred to the department for action in
accordance with the provisions of section eleven hundred ninety-four-a
of this article. Except as otherwise provided in subdivision five of
section eleven hundred ninety-two of this article, this section shall
not apply to a person who operates a commercial motor vehicle.
Notwithstanding any provision of law to the contrary, a finding that a
person under the age of twenty-one operated a motor vehicle after having
consumed alcohol in violation of this section is not a judgment of
conviction for a crime or any other offense.
S 1193. Sanctions. 1. Criminal penalties. (a) Driving while ability
impaired. A violation of subdivision one of section eleven hundred
ninety-two of this article shall be a traffic infraction and shall be
punishable by a fine of not less than three hundred dollars nor more
than five hundred dollars or by imprisonment in a penitentiary or county
jail for not more than fifteen days, or by both such fine and
imprisonment. A person who operates a vehicle in violation of such
subdivision after having been convicted of a violation of any
subdivision of section eleven hundred ninety-two of this article within
the preceding five years shall be punished by a fine of not less than
five hundred dollars nor more than seven hundred fifty dollars, or by
imprisonment of not more than thirty days in a penitentiary or county
jail or by both such fine and imprisonment. A person who operates a
vehicle in violation of such subdivision after having been convicted two
or more times of a violation of any subdivision of section eleven
hundred ninety-two of this article within the preceding ten years shall
be guilty of a misdemeanor, and shall be punished by a fine of not less
than seven hundred fifty dollars nor more than fifteen hundred dollars,
or by imprisonment of not more than one hundred eighty days in a
penitentiary or county jail or by both such fine and imprisonment.
(b) Driving while intoxicated or while ability impaired by drugs;
misdemeanor offenses. A violation of subdivision two, three or four of
section eleven hundred ninety-two of this article shall be a misdemeanor
and shall be punishable by a fine of not less than five hundred dollars
nor more than one thousand dollars, or by imprisonment in a penitentiary
or county jail for not more than one year, or by both such fine and
imprisonment.
(c) Felony offenses. (i) A person who operates a vehicle in violation
of subdivision two, three or four of section eleven hundred ninety-two
of this article after having been convicted of a violation of
subdivision two, three or four of such section or of vehicular assault
in the second or first degree, as defined, respectively, in sections
120.03 and 120.04 of the penal law or of vehicular manslaughter in the
second or first degree, as defined, respectively, in sections 125.12 and
125.13 of such law, within the preceding ten years, shall be guilty of a
class E felony, and shall be punished by a fine of not less than one
thousand dollars nor more than five thousand dollars or by a period of
imprisonment as provided in the penal law, or by both such fine and
imprisonment.
(ii) A person who operates a vehicle in violation of subdivision two,
three or four of section eleven hundred ninety-two of this article after
having been convicted of a violation of s 
