Legal reference
New York Penal Law
Search the statutes that define criminal offenses in New York — by section number, offense name, or keyword.
- § 1.00
Short title
§ 1.00 Short title. This chapter shall be known as the "Penal Law. "
Read the full section - § 1.05
General purposes
§ 1.05 General purposes. The general purposes of the provisions of this chapter are: 1. To proscribe conduct which unjustifiably and inexcusably causes or threatens substantial harm to individual or public interests; 2. To give fair warning of the nature of the conduct proscribed…
Read the full section - § 5.00
Penal law not strictly construed
§ 5.00 Penal law not strictly construed. The general rule that a penal statute is to be strictly construed does not apply to this chapter, but the provisions herein must be construed according to the fair import of their terms to promote justice and effect the objects of the law.
Read the full section - § 5.05
Application of chapter to offenses committed before and after enactment
§ 5.05 Application of chapter to offenses committed before and after enactment. 1. The provisions of this chapter shall govern the construction of and punishment for any offense defined in this chapter and committed after the effective date hereof, as well as the construction and…
Read the full section - § 5.10
Other limitations on applicability of this chapter
§ 5.10 Other limitations on applicability of this chapter. 1. Except as otherwise provided, the procedure governing the accusation, prosecution, conviction and punishment of offenders and offenses is not regulated by this chapter but by the criminal procedure law. 2. This chapter…
Read the full section - § 10.00
Definitions of terms of general use in this chapter
§ 10.00 Definitions of terms of general use in this chapter. Except where different meanings are expressly specified in subsequent provisions of this chapter, the following terms have the following meanings: 1. "Offense" means conduct for which a sentence to a term of imprisonmen…
Read the full section - § 15.00
Culpability; definitions of terms
§ 15.00 Culpability; definitions of terms. The following definitions are applicable to this chapter: 1. "Act" means a bodily movement. 2. "Voluntary act" means a bodily movement performed consciously as a result of effort or determination, and includes the possession of property …
Read the full section - § 15.05
Culpability; definitions of culpable mental states
§ 15.05 Culpability; definitions of culpable mental states. The following definitions are applicable to this chapter: 1. "Intentionally." A person acts intentionally with respect to a result or to conduct described by a statute defining an offense when his conscious objective is …
Read the full section - § 15.10
Requirements for criminal liability in general and for offenses of strict liability and mental culpability
§ 15.10 Requirements for criminal liability in general and for offenses of strict liability and mental culpability. The minimal requirement for criminal liability is the performance by a person of conduct which includes a voluntary act or the omission to perform an act which he i…
Read the full section - § 15.15
Construction of statutes with respect to culpability requirements
§ 15.15 Construction of statutes with respect to culpability requirements. 1. When the commission of an offense defined in this chapter, or some element of an offense, requires a particular culpable mental state, such mental state is ordinarily designated in the statute defining …
Read the full section - § 15.20
Effect of ignorance or mistake upon liability
§ 15.20 Effect of ignorance or mistake upon liability. 1. A person is not relieved of criminal liability for conduct because he engages in such conduct under a mistaken belief of fact, unless: (a) Such factual mistake negatives the culpable mental state required for the commissio…
Read the full section - § 15.25
Effect of intoxication upon liability
§ 15.25 Effect of intoxication upon liability. Intoxication is not, as such, a defense to a criminal charge; but in any prosecution for an offense, evidence of intoxication of the defendant may be offered by the defendant whenever it is relevant to negative an element of the crim…
Read the full section - § 20.00
Criminal liability for conduct of another
§ 20.00 Criminal liability for conduct of another. When one person engages in conduct which constitutes an offense, another person is criminally liable for such conduct when, acting with the mental culpability required for the commission thereof, he solicits, requests, commands, …
Read the full section - § 20.05
Criminal liability for conduct of another; no defense
§ 20.05 Criminal liability for conduct of another; no defense. In any prosecution for an offense in which the criminal liability of the defendant is based upon the conduct of another person pursuant to section 20.00, it is no defense that: 1. Such other person is not guilty of th…
Read the full section - § 20.10
Criminal liability for conduct of another; exemption
§ 20.10 Criminal liability for conduct of another; exemption. Notwithstanding the provisions of sections 20.00 and 20.05, a person is not criminally liable for conduct of another person constituting an offense when his own conduct, though causing or aiding the commission of such …
Read the full section - § 20.15
Convictions for different degrees of offense
§ 20.15 Convictions for different degrees of offense. Except as otherwise expressly provided in this chapter, when, pursuant to section 20.00, two or more persons are criminally liable for an offense which is divided into degrees, each person is guilty of such degree as is compat…
Read the full section - § 20.20
Criminal liability of corporations
§ 20.20 Criminal liability of corporations. 1. As used in this section: (a) "Agent" means any director, officer or employee of a corporation, or any other person who is authorized to act in behalf of the corporation. (b) "High managerial agent" means an officer of a corporation o…
Read the full section - § 20.25
Criminal liability of an individual for corporate conduct
§ 20.25 Criminal liability of an individual for corporate conduct. A person is criminally liable for conduct constituting an offense which he performs or causes to be performed in the name of or in behalf of a corporation to the same extent as if such conduct were performed in hi…
Read the full section - § 25.00
Defenses; burden of proof
§ 25.00 Defenses; burden of proof. 1. When a "defense," other than an "affirmative defense," defined by statute is raised at a trial, the people have the burden of disproving such defense beyond a reasonable doubt. 2. When a defense declared by statute to be an "affirmative defen…
Read the full section - § 30.00
Infancy
§ 30.00 Infancy. 1. Except as provided in subdivisions two and three of this section, a person less than seventeen, or commencing October first, two thousand nineteen, a person less than eighteen years old is not criminally responsible for conduct. 2. A person thirteen, fourteen …
Read the full section - § 35.00
Justification; a defense
§ 35.00 Justification; a defense. In any prosecution for an offense, justification, as defined in sections 35.05 through 35.30, is a defense.
Read the full section - § 35.05
Justification; generally
§ 35.05 Justification; generally. Unless otherwise limited by the ensuing provisions of this article defining justifiable use of physical force, conduct which would otherwise constitute an offense is justifiable and not criminal when: 1. Such conduct is required or authorized by …
Read the full section - § 35.10
Justification; use of physical force generally
§ 35.10 Justification; use of physical force generally. The use of physical force upon another person which would otherwise constitute an offense is justifiable and not criminal under any of the following circumstances: 1. A parent, guardian or other person entrusted with the car…
Read the full section - § 35.15
Justification; use of physical force in defense of a person
§ 35.15 Justification; use of physical force in defense of a person. 1. A person may, subject to the provisions of subdivision two, use physical force upon another person when and to the extent he or she reasonably believes such to be necessary to defend himself, herself or a thi…
Read the full section - § 35.20
Justification; use of physical force in defense of premises and in defense of a person in the course of burglary
§ 35.20 Justification; use of physical force in defense of premises and in defense of a person in the course of burglary. 1. Any person may use physical force upon another person when he or she reasonably believes such to be necessary to prevent or terminate what he or she reason…
Read the full section - § 35.25
Justification; use of physical force to prevent or terminate larceny or criminal mischief
§ 35.25 Justification; use of physical force to prevent or terminate larceny or criminal mischief. A person may use physical force, other than deadly physical force, upon another person when and to the extent that he or she reasonably believes such to be necessary to prevent or t…
Read the full section - § 35.27
Justification; use of physical force in resisting arrest prohibited
§ 35.27 Justification; use of physical force in resisting arrest prohibited. A person may not use physical force to resist an arrest, whether authorized or unauthorized, which is being effected or attempted by a police officer or peace officer when it would reasonably appear that…
Read the full section - § 35.30
Justification; use of physical force in making an arrest or in preventing an escape
§ 35.30 Justification; use of physical force in making an arrest or in preventing an escape. 1. A police officer or a peace officer, in the course of effecting or attempting to effect an arrest, or of preventing or attempting to prevent the escape from custody, of a person whom h…
Read the full section - § 40.00
Duress
§ 40.00 Duress. 1. In any prosecution for an offense, it is an affirmative defense that the defendant engaged in the proscribed conduct because he was coerced to do so by the use or threatened imminent use of unlawful physical force upon him or a third person, which force or thre…
Read the full section - § 40.05
Entrapment
§ 40.05 Entrapment. In any prosecution for an offense, it is an affirmative defense that the defendant engaged in the proscribed conduct because he was induced or encouraged to do so by a public servant, or by a person acting in cooperation with a public servant, seeking to obtai…
Read the full section - § 40.10
Renunciation
§ 40.10 Renunciation. 1. In any prosecution for an offense, other than an attempt to commit a crime, in which the defendant's guilt depends upon his criminal liability for the conduct of another person pursuant to section 20.00, it is an affirmative defense that, under circumstan…
Read the full section - § 40.15
Mental disease or defect
§ 40.15 Mental disease or defect. In any prosecution for an offense, it is an affirmative defense that when the defendant engaged in the proscribed conduct, he lacked criminal responsibility by reason of mental disease or defect. Such lack of criminal responsibility means that at…
Read the full section - § 55.00
Applicability of article
§ 55.00 Applicability of article. The provisions of this article govern the classification and designation of every offense, whether defined within or outside of this chapter.
Read the full section - § 55.05
Classifications of felonies and misdemeanors
§ 55.05 Classifications of felonies and misdemeanors. 1. Felonies. Felonies are classified, for the purpose of sentence, into five categories as follows: (a) Class A felonies; (b) Class B felonies; (c) Class C felonies; (d) Class D felonies; and (e) Class E felonies. Class A felo…
Read the full section - § 55.10
Designation of offenses
§ 55.10 Designation of offenses. 1. Felonies. (a) The particular classification or subclassification of each felony defined in this chapter is expressly designated in the section or article defining it. (b) Any offense defined outside this chapter which is declared by law to be a…
Read the full section - § 60.00
Applicability of provisions
§ 60.00 Applicability of provisions. 1. The sentences prescribed by this article shall apply in the case of every offense, whether defined within or outside of this chapter. 2. The sole provision of this article that shall apply in the case of an offense committed by a juvenile o…
Read the full section - § 60.01
Authorized dispositions; generally
§ 60.01 Authorized dispositions; generally. 1. Applicability. Except as otherwise specified in this article, when the court imposes sentence upon a person convicted of an offense, the court must impose a sentence prescribed by this section. 2. Revocable dispositions. (a) The cour…
Read the full section - § 60.02
Authorized disposition; youthful offender
§ 60.02 Authorized disposition; youthful offender. When a person is to be sentenced upon a youthful offender finding, the court must impose a sentence as follows: (1) If the sentence is to be imposed upon a youthful offender finding which has been substituted for a conviction of …
Read the full section - § 60.04
Authorized disposition; controlled substances and marihuana felony offenses
§ 60.04 Authorized disposition; controlled substances and marihuana felony offenses. 1. Applicability. Notwithstanding the provisions of any law, this section shall govern the dispositions authorized when a person is to be sentenced upon a conviction of a felony offense defined i…
Read the full section - § 60.05
Authorized dispositions; other class A, B, certain C and D felonies and multiple felony offenders
§ 60.05 Authorized dispositions; other class A, B, certain C and D felonies and multiple felony offenders. 1. Applicability. Except as provided in section 60.04 of this article governing the authorized dispositions applicable to felony offenses defined in article two hundred twen…
Read the full section - § 60.06
Authorized disposition; murder in the first degree offenders; aggravated murder offenders; certain murder in the second degree offenders; certain terrorism offenders; criminal possession of a chemical weapon or biological weapon offenders; criminal use of a chemical weapon or biological weapon offenders
§ 60.06 Authorized disposition; murder in the first degree offenders; aggravated murder offenders; certain murder in the second degree offenders; certain terrorism offenders; criminal possession of a chemical weapon or biological weapon offenders; criminal use of a chemical weapo…
Read the full section - § 60.07
Authorized disposition; criminal attack on operators of for-hire vehicles
§ 60.07 Authorized disposition; criminal attack on operators of for-hire vehicles. 1. Notwithstanding any other provision of law to the contrary, when a court has found, pursuant to the provisions of section 200.61 of the criminal procedure law, both that a person has been convic…
Read the full section - § 60.08
Authorized dispositions; resentencing of certain controlled substance offenders
§ 60.08 Authorized dispositions; resentencing of certain controlled substance offenders. Any person convicted of an offense and sentenced to prison for an indeterminate sentence, the minimum of which was at least one year and the maximum of which was life imprisonment, which sent…
Read the full section - § 60.09
Authorized dispositions; resentencing of certain persons convicted of specified controlled substance offenses
§ 60.09 Authorized dispositions; resentencing of certain persons convicted of specified controlled substance offenses. a. Any person convicted of an offense as defined in section 115.05, 220.16, 220.18, 220.39 or 220.41 of this chapter or of an attempt thereof, for an act committ…
Read the full section - § 60.10
Authorized disposition; juvenile offender
§ 60.10 Authorized disposition; juvenile offender. 1. When a juvenile offender is convicted of a crime, the court shall sentence the defendant to imprisonment in accordance with section 70.05 or sentence him upon a youthful offender finding in accordance with section 60.02 of thi…
Read the full section - § 60.10-A
Authorized disposition; adolescent offender
§ 60.10-a Authorized disposition; adolescent offender. When an adolescent offender is convicted of an offense, the court shall sentence the defendant to any sentence authorized to be imposed on a person who committed such offense at age eighteen or older. When a sentence is impos…
Read the full section - § 60.11
Authorized dispositions; criminal possession of a weapon in the fourth degree
§ 60.11 Authorized dispositions; criminal possession of a weapon in the fourth degree. When a person is to be sentenced upon a conviction of the crime of criminal possession of a weapon in the fourth degree as defined in subdivision one of section 265.01 as a result of a plea of …
Read the full section - § 60.11-A
Authorized dispositions; certain criminal possession of a weapon in the third degree offenders
§ 60.11-a Authorized dispositions; certain criminal possession of a weapon in the third degree offenders. When a person is to be sentenced upon conviction of the crime of criminal possession of a weapon in the third degree as defined in subdivision ten of section 265.02 of this c…
Read the full section - § 60.12
Authorized disposition; alternative sentence; domestic violence cases
§ 60.12 Authorized disposition; alternative sentence; domestic violence cases. 1. Notwithstanding any other provision of law, where a court is imposing sentence upon a person pursuant to section 70.00, 70.02, 70.06 or subdivision two or three of section 70.71 of this title, other…
Read the full section - § 60.13
Authorized dispositions; felony sex offenses
§ 60.13 Authorized dispositions; felony sex offenses. When a person is to be sentenced upon a conviction for any felony defined in article one hundred thirty of this chapter, including a sexually motivated felony, or patronizing a person for prostitution in the first degree as de…
Read the full section - § 60.20
Authorized dispositions; traffic infraction
§ 60.20 Authorized dispositions; traffic infraction. 1. When a person is convicted of a traffic infraction, the sentence of the court shall be as follows: (a) A period of conditional discharge, as provided in article sixty-five; or (b) Unconditional discharge as provided in secti…
Read the full section - § 60.21
Authorized dispositions; driving while intoxicated or aggravated driving while intoxicated
§ 60.21 Authorized dispositions; driving while intoxicated or aggravated driving while intoxicated. Notwithstanding paragraph (d) of subdivision two of section 60.01 of this article, when a person is to be sentenced upon a conviction for a violation of subdivision two, two-a or t…
Read the full section - § 60.25
Authorized dispositions; corporation
§ 60.25 Authorized dispositions; corporation. When a corporation is convicted of an offense, the sentence of the court shall be as follows: (a) A fine authorized by section 80.10; or (b) Where authorized by section 65.05, a period of conditional discharge as provided in that sect…
Read the full section - § 60.27
Restitution and reparation
§ 60.27 Restitution and reparation. 1. In addition to any of the dispositions authorized by this article, the court shall consider restitution or reparation to the victim of the crime and may require restitution or reparation as part of the sentence imposed upon a person convicte…
Read the full section - § 60.28
Authorized disposition; making graffiti and possession of graffiti instruments
§ 60.28 Authorized disposition; making graffiti and possession of graffiti instruments. When a person is convicted of an offense defined in section 145.60 or 145.65 of this chapter, or of an attempt to commit such offense, and the sentence imposed by the court for such conviction…
Read the full section - § 60.29
Authorized disposition; cemetery desecration
§ 60.29 Authorized disposition; cemetery desecration. When a person is convicted of an offense defined in section 145.22 or 145.23 of this chapter or of an attempt to commit such an offense, and the sentence imposed by the court for such conviction includes a sentence of probatio…
Read the full section - § 60.30
Civil penalties
§ 60.30 Civil penalties. This article does not deprive the court of any authority conferred by law to decree a forfeiture of property, suspend or cancel a license, remove a person from office, or impose any other civil penalty and any appropriate order exercising such authority m…
Read the full section - § 60.35
Mandatory surcharge, sex offender registration fee, DNA databank fee, supplemental sex offender victim fee and crime victim assistance fee required in certain cases
§ 60.35 Mandatory surcharge, sex offender registration fee, DNA databank fee, supplemental sex offender victim fee and crime victim assistance fee required in certain cases. 1. (a) Except as provided in section eighteen hundred nine of the vehicle and traffic law and section 27.1…
Read the full section - § 60.36
Authorized dispositions; driving while intoxicated offenses
§ 60.36 Authorized dispositions; driving while intoxicated offenses. Where a court is imposing a sentence for a violation of subdivision two, two-a, or three of section eleven hundred ninety-two of the vehicle and traffic law pursuant to sections 65.00 or 65.05 of this title and,…
Read the full section - § 60.37
Authorized disposition; certain offenses
§ 60.37 Authorized disposition; certain offenses. When a person has been charged with an offense and the elements of such offense meet the criteria of an "eligible offense" and such person qualifies as an "eligible person" as such terms are defined in section four hundred fifty-e…
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