Title PEN, Penal

§ 215.35 Tampering with physical evidence; definitions of terms.\n The following definitions are applicable to section 215.40:\n 1. "Physical evidence" means any article, object, document, record or\nother thing of physical substance which is or is about to be produced or\nused a…

§ 215.40 Tampering with physical evidence.\n A person is guilty of tampering with physical evidence when:\n 1. With intent that it be used or introduced in an official proceeding\nor a prospective official proceeding, he (a) knowingly makes, devises or\nprepares false physical ev…

§ 215.45 Compounding a crime.\n 1. A person is guilty of compounding a crime when:\n (a) He solicits, accepts or agrees to accept any benefit upon an\nagreement or understanding that he will refrain from initiating a\nprosecution for a crime; or\n (b) He confers, or offers or agr…

§ 215.50 Criminal contempt in the second degree.\n A person is guilty of criminal contempt in the second degree when he\nengages in any of the following conduct:\n 1. Disorderly, contemptuous, or insolent behavior, committed during\nthe sitting of a court, in its immediate view a…

§ 215.51 Criminal contempt in the first degree.\n A person is guilty of criminal contempt in the first degree when:\n (a) he contumaciously and unlawfully refuses to be sworn as a witness\nbefore a grand jury, or, when after having been sworn as a witness\nbefore a grand jury, he…

§ 215.52 Aggravated criminal contempt.\n A person is guilty of aggravated criminal contempt when:\n 1. in violation of a duly served order of protection, or such order of\nwhich the defendant has actual knowledge because he or she was present\nin court when such order was issued,…

§ 215.54 Criminal contempt; prosecution and punishment.\n Adjudication for criminal contempt under subdivision A of section\nseven hundred fifty of the judiciary law shall not bar a prosecution for\nthe crime of criminal contempt under section 215.50 based upon the same\nconduct …

§ 215.55 Bail jumping in the third degree.\n A person is guilty of bail jumping in the third degree when by court\norder he has been released from custody or allowed to remain at liberty,\neither upon bail or upon his own recognizance, upon condition that he\nwill subsequently ap…

§ 215.56 Bail jumping in the second degree.\n A person is guilty of bail jumping in the second degree when by court\norder he has been released from custody or allowed to remain at liberty,\neither upon bail or upon his own recognizance, upon condition that he\nwill subsequently …

§ 215.57 Bail jumping in the first degree.\n A person is guilty of bail jumping in the first degree when by court\norder he has been released from custody or allowed to remain at liberty,\neither upon bail or upon his own recognizance, upon condition that he\nwill subsequently ap…

§ 215.58 Failing to respond to an appearance ticket.\n 1. A person is guilty of failing to respond to an appearance ticket\nwhen, having been personally served with an appearance ticket, as\ndefined in subdivision two, based upon his alleged commission of a\ncrime, he does not ap…

§ 215.59 Bail jumping and failing to respond to an appearance ticket;\n defense.\n In any prosecution for bail jumping or failing to respond to an\nappearance ticket, it is an affirmative defense that:\n 1. The defendant's failure to appear on the required date or within\nthirty …

§ 215.60 Criminal contempt of the legislature.\n A person is guilty of criminal contempt of the legislature when,\nhaving been duly subpoenaed to attend as a witness before either house\nof the legislature or before any committee thereof, he:\n 1. Fails or refuses to attend witho…

§ 215.65 Criminal contempt of a temporary state commission.\n A person is guilty of criminal contempt of a temporary state\ncommission when, having been duly subpoenaed to attend as a witness at\nan investigation or hearing before a temporary state commission, he\nfails or refuse…

§ 215.66 Criminal contempt of the state commission on judicial conduct.\n A person is guilty of criminal contempt of the state commission on\njudicial conduct when, having been duly subpoenaed to attend as a\nwitness at an investigation or hearing before the commission or a\nrefe…

§ 215.70 Unlawful grand jury disclosure.\n A person is guilty of unlawful grand jury disclosure when, being a\ngrand juror, a public prosecutor, a grand jury stenographer, a grand\njury interpreter, a police officer or a peace officer guarding a witness\nin a grand jury proceedin…

§ 215.75 Unlawful disclosure of an indictment.\n A public servant is guilty of unlawful disclosure of an indictment\nwhen, except in the proper discharge of his official duties, he\nintentionally discloses the fact that an indictment has been found or\nfiled before the accused pe…

§ 215.80 Unlawful disposition of assets subject to forfeiture.\n Any defendant in a forfeiture action pursuant to article thirteen-A of\nthe civil practice law and rules who knowingly and intentionally\nconceals, destroys, dissipates, alters, removes from the jurisdiction,\nor ot…

§ 220.00 Controlled substances; definitions.\n 1. "Sell" means to sell, exchange, give or dispose of to another, or\nto offer or agree to do the same.\n 2. "Unlawfully" means in violation of article thirty-three of the\npublic health law.\n 3. "Ounce" means an avoirdupois ounce a…

§ 220.03 Criminal possession of a controlled substance in the seventh\n degree.\n A person is guilty of criminal possession of a controlled substance in\nthe seventh degree when he or she knowingly and unlawfully possesses a\ncontrolled substance; provided, however, that it shall…

§ 220.06 Criminal possession of a controlled substance in the fifth\n degree.\n A person is guilty of criminal possession of a controlled substance in\nthe fifth degree when he knowingly and unlawfully possesses:\n 1. a controlled substance with intent to sell it; or\n 2. one or …

§ 220.09 Criminal possession of a controlled substance in the fourth\n degree.\n A person is guilty of criminal possession of a controlled substance in\nthe fourth degree when he knowingly and unlawfully possesses:\n 1. one or more preparations, compounds, mixtures or substances\…

§ 220.16 Criminal possession of a controlled substance in the third\n degree.\n A person is guilty of criminal possession of a controlled substance in\nthe third degree when he knowingly and unlawfully possesses:\n 1. a narcotic drug with intent to sell it; or\n 2. a stimulant, h…

§ 220.18 Criminal possession of a controlled substance in the second\n degree.\n A person is guilty of criminal possession of a controlled substance in\nthe second degree when he or she knowingly and unlawfully possesses:\n 1. one or more preparations, compounds, mixtures or subs…

§ 220.21 Criminal possession of a controlled substance in the first\n degree.\n A person is guilty of criminal possession of a controlled substance in\nthe first degree when he or she knowingly and unlawfully possesses:\n 1. one or more preparations, compounds, mixtures or substa…

§ 220.25 Criminal possession of a controlled substance; presumption.\n 1. The presence of a controlled substance in an automobile, other than\na public omnibus, is presumptive evidence of knowing possession thereof\nby each and every person in the automobile at the time such cont…

§ 220.28 Use of a child to commit a controlled substance offense.\n 1. A person is guilty of use of a child to commit a controlled\nsubstance offense when, being eighteen years old or more, he or she\ncommits a felony sale or felony attempted sale of a controlled substance\nin vi…

§ 220.31 Criminal sale of a controlled substance in the fifth degree.\n A person is guilty of criminal sale of a controlled substance in the\nfifth degree when he knowingly and unlawfully sells a controlled\nsubstance.\n Criminal sale of a controlled substance in the fifth degree…

§ 220.34 Criminal sale of a controlled substance in the fourth degree.\n A person is guilty of criminal sale of a controlled substance in the\nfourth degree when he knowingly and unlawfully sells:\n 1. a narcotic preparation; or\n 2. a dangerous depressant or a depressant and the…

§ 220.39 Criminal sale of a controlled substance in the third degree.\n A person is guilty of criminal sale of a controlled substance in the\nthird degree when he knowingly and unlawfully sells:\n 1. a narcotic drug; or\n 2. a stimulant, hallucinogen, hallucinogenic substance, or…

§ 220.41 Criminal sale of a controlled substance in the second degree.\n A person is guilty of criminal sale of a controlled substance in the\nsecond degree when he knowingly and unlawfully sells:\n 1. one or more preparations, compounds, mixtures or substances\ncontaining a narc…

§ 220.43 Criminal sale of a controlled substance in the first degree.\n A person is guilty of criminal sale of a controlled substance in the\nfirst degree when he knowingly and unlawfully sells:\n 1. one or more preparations, compounds, mixtures or substances\ncontaining a narcot…

§ 220.44 Criminal sale of a controlled substance in or near school\n grounds.\n A person is guilty of criminal sale of a controlled substance in or\nnear school grounds when he knowingly and unlawfully sells:\n 1. a controlled substance in violation of any one of subdivisions one…

§ 220.46 Criminal injection of a narcotic drug.\n A person is guilty of criminal injection of a narcotic drug when he\nknowingly and unlawfully possesses a narcotic drug and he intentionally\ninjects by means of a hypodermic syringe or hypodermic needle all or any\nportion of th…

§ 220.48 Criminal sale of a controlled substance to a child.\n A person is guilty of criminal sale of a controlled substance to a\nchild when, being over twenty-one years old, he or she knowingly and\nunlawfully sells a controlled substance in violation of section 220.34\nor 220.…

§ 220.50 Criminally using drug paraphernalia in the second degree.\n A person is guilty of criminally using drug paraphernalia in the\nsecond degree when he knowingly possesses or sells:\n 1. Diluents, dilutants or adulterants, including but not limited to,\nany of the following:…

§ 220.55 Criminally using drug paraphernalia in the first degree.\n A person is guilty of criminally using drug paraphernalia in the first\ndegree when he commits the crime of criminally using drug paraphernalia\nin the second degree and he has previously been convicted of crimin…

§ 220.60 Criminal possession of precursors of controlled substances.\n A person is guilty of criminal possession of precursors of con-\ntrolled substances when, with intent to manufacture a controlled sub-\nstance unlawfully, he possesses at the same time:\n (a) carbamide (urea) …

§ 220.65 Criminal sale of a prescription for a controlled substance or\n of a controlled substance by a practitioner or pharmacist.\n A person is guilty of criminal sale of a prescription for a controlled\nsubstance or of a controlled substance by a practitioner or pharmacist\nwh…

§ 220.70 Criminal possession of methamphetamine manufacturing material\n in the second degree.\n A person is guilty of criminal possession of methamphetamine\nmanufacturing material in the second degree when he or she possesses a\nprecursor, a chemical reagent or a solvent with t…

§ 220.71 Criminal possession of methamphetamine manufacturing material\n in the first degree.\n A person is guilty of criminal possession of methamphetamine\nmanufacturing material in the first degree when he or she commits the\noffense of criminal possession of methamphetamine m…

§ 220.72 Criminal possession of precursors of methamphetamine.\n A person is guilty of criminal possession of precursors of\nmethamphetamine when he or she possesses at the same time a precursor\nand a solvent or chemical reagent, with intent to use or knowing that\nanother inten…

§ 220.73 Unlawful manufacture of methamphetamine in the third degree.\n A person is guilty of unlawful manufacture of methamphetamine in the\nthird degree when he or she possesses at the same time and location,\nwith intent to use, or knowing that another intends to use each such…

§ 220.74 Unlawful manufacture of methamphetamine in the second degree.\n A person is guilty of unlawful manufacture of methamphetamine in the\nsecond degree when he or she:\n 1. Commits the offense of unlawful manufacture of methamphetamine in\nthe third degree as defined in sect…

§ 220.75 Unlawful manufacture of methamphetamine in the first degree.\n A person is guilty of unlawful manufacture of methamphetamine in the\nfirst degree when such person commits the crime of unlawful manufacture\nof methamphetamine in the second degree, as defined in subdivisio…

§ 220.76 Unlawful disposal of methamphetamine laboratory material.\n A person is guilty of unlawful disposal of methamphetamine laboratory\nmaterial when, knowing that such actions are in furtherance of a\nmethamphetamine operation, he or she knowingly disposes of, or possesses\n…

§ 220.77 Operating as a major trafficker.\n A person is guilty of operating as a major trafficker when:\n 1. Such person acts as a director of a controlled substance\norganization during any period of twelve months or less, during which\nperiod such controlled substance organizat…

§ 220.78 Witness or victim of drug or alcohol overdose.\n 1. A person who, in good faith, seeks health care for someone who is\nexperiencing a drug or alcohol overdose or other life threatening\nmedical emergency shall not be charged or prosecuted for a controlled\nsubstance offe…

§ 222.00 Cannabis; definitions.\n 1. "Cannabis" means all parts of the plant of the genus Cannabis,\nwhether growing or not; the seeds thereof; the resin extracted from any\npart of the plant; and every compound, manufacture, salt, derivative,\nmixture, or preparation of the plan…

§ 222.05 Personal use of cannabis.\n Notwithstanding any other provision of law to the contrary:\n 1. The following acts are lawful for persons twenty-one years of age\nor older: (a) possessing, displaying, purchasing, obtaining, or\ntransporting up to three ounces of cannabis an…