Title PEN, Penal

§ 120.18 Menacing a police officer or peace officer.\n A person is guilty of menacing a police officer or peace officer when\nhe or she intentionally places or attempts to place a police officer or\npeace officer in reasonable fear of physical injury, serious physical\ninjury or …

§ 120.19 Assault on a retail worker.\n 1. A person is guilty of assault on a retail worker when, with the\nintent to prevent a retail worker from performing an act within the\nscope of such worker's employment, such person causes physical injury to\nsuch retail worker and the per…

§ 120.20 Reckless endangerment in the second degree.\n A person is guilty of reckless endangerment in the second degree when\nhe recklessly engages in conduct which creates a substantial risk of\nserious physical injury to another person.\n Reckless endangerment in the second deg…

§ 120.25 Reckless endangerment in the first degree.\n A person is guilty of reckless endangerment in the first degree when,\nunder circumstances evincing a depraved indifference to human life, he\nrecklessly engages in conduct which creates a grave risk of death to\nanother perso…

§ 120.30 Promoting a suicide attempt.\n A person is guilty of promoting a suicide attempt when he\nintentionally causes or aids another person to attempt suicide.\n Promoting a suicide attempt is a class E felony.\n

§ 120.35 Promoting a suicide attempt; when punishable as attempt to\n commit murder.\n A person who engages in conduct constituting both the offense of\npromoting a suicide attempt and the offense of attempt to commit murder\nmay not be convicted of attempt to commit murder unles…

§ 120.40 Definitions.\n For purposes of sections 120.45, 120.50, 120.55 and 120.60 of this\narticle:\n 1. "Kidnapping" shall mean a kidnapping crime defined in article one\nhundred thirty-five of this chapter.\n 2. "Unlawful imprisonment" shall mean an unlawful imprisonment felon…

§ 120.45 Stalking in the fourth degree.\n A person is guilty of stalking in the fourth degree when he or she\nintentionally, and for no legitimate purpose, engages in a course of\nconduct directed at a specific person, and knows or reasonably should\nknow that such conduct:\n 1. …

§ 120.50 Stalking in the third degree.\n A person is guilty of stalking in the third degree when he or she:\n 1. Commits the crime of stalking in the fourth degree in violation of\nsection 120.45 of this article against three or more persons, in three\nor more separate transactio…

§ 120.55 Stalking in the second degree.\n A person is guilty of stalking in the second degree when he or she:\n 1. Commits the crime of stalking in the third degree as defined in\nsubdivision three of section 120.50 of this article and in the course of\nand in furtherance of the …

§ 120.60 Stalking in the first degree.\n A person is guilty of stalking in the first degree when he or she\ncommits the crime of stalking in the third degree as defined in\nsubdivision three of section 120.50 or stalking in the second degree as\ndefined in section 120.55 of this …

§ 120.70 Luring a child.\n 1. A person is guilty of luring a child when he or she lures a child\ninto a motor vehicle, aircraft, watercraft, isolated area, building, or\npart thereof, for the purpose of committing against such child any of\nthe following offenses: an offense as d…

§ 121.11 Criminal obstruction of breathing or blood circulation.\n A person is guilty of criminal obstruction of breathing or blood\ncirculation when, with intent to impede the normal breathing or\ncirculation of the blood of another person, he or she:\n a. applies pressure on th…

§ 121.12 Strangulation in the second degree.\n A person is guilty of strangulation in the second degree when he or\nshe commits the crime of criminal obstruction of breathing or blood\ncirculation, as defined in section 121.11 of this article, and thereby\ncauses stupor, loss of …

§ 121.13 Strangulation in the first degree.\n A person is guilty of strangulation in the first degree when he or she\ncommits the crime of criminal obstruction of breathing or blood\ncirculation, as defined in section 121.11 of this article, and thereby\ncauses serious physical i…

§ 121.13-a Aggravated strangulation.\n A person is guilty of aggravated strangulation when, being a police\nofficer as defined in subdivision thirty-four of section 1.20 of the\ncriminal procedure law or a peace officer as defined in section 2.10 of\nthe criminal procedure law, h…

§ 121.14 Medical or dental purpose.\n For purposes of section 121.11, 121.12, 121.13 or 121.13-a of this\narticle, it shall be an affirmative defense that the defendant performed\nsuch conduct for a valid medical or dental purpose.\n

§ 125.00 Homicide defined.\n Homicide means conduct which causes the death of a person under\ncircumstances constituting murder, manslaughter in the first degree,\nmanslaughter in the second degree, or criminally negligent homicide.\n

§ 125.05 Homicide and related offenses; definition.\n The following definition is applicable to this article:\n "Person," when referring to the victim of a homicide, means a human\nbeing who has been born and is alive.\n

§ 125.10 Criminally negligent homicide.\n A person is guilty of criminally negligent homicide when, with\ncriminal negligence, he causes the death of another person.\n Criminally negligent homicide is a class E felony.\n

§ 125.11 Aggravated criminally negligent homicide.\n A person is guilty of aggravated criminally negligent homicide when,\nwith criminal negligence, he or she causes the death of a police officer\nor peace officer where such officer was in the course of performing his\nor her off…

§ 125.12 Vehicular manslaughter in the second degree.\n A person is guilty of vehicular manslaughter in the second degree when\nhe or she causes the death of another person, and either:\n (1) operates a motor vehicle in violation of subdivision two, three,\nfour or four-a of sect…

§ 125.13 Vehicular manslaughter in the first degree.\n A person is guilty of vehicular manslaughter in the first degree when\nhe or she commits the crime of vehicular manslaughter in the second\ndegree as defined in section 125.12 of this article, and either:\n (1) commits such c…

§ 125.14 Aggravated vehicular homicide.\n A person is guilty of aggravated vehicular homicide when he or she\nengages in reckless driving as defined by section twelve hundred twelve\nof the vehicle and traffic law, and commits the crime of vehicular\nmanslaughter in the second de…

§ 125.15 Manslaughter in the second degree.\n A person is guilty of manslaughter in the second degree when:\n 1. He recklessly causes the death of another person; or\n 3. He intentionally causes or aids another person to commit suicide.\n Manslaughter in the second degree is a cl…

§ 125.20 Manslaughter in the first degree.\n A person is guilty of manslaughter in the first degree when:\n 1. With intent to cause serious physical injury to another person, he\ncauses the death of such person or of a third person; or\n 2. With intent to cause the death of anoth…

§ 125.21 Aggravated manslaughter in the second degree.\n A person is guilty of aggravated manslaughter in the second degree\nwhen he or she recklessly causes the death of a police officer or peace\nofficer where such officer was in the course of performing his or her\nofficial du…

§ 125.22 Aggravated manslaughter in the first degree.\n A person is guilty of aggravated manslaughter in the first degree\nwhen:\n 1. with intent to cause serious physical injury to a police officer or\npeace officer, where such officer was in the course of performing his or\nher…

§ 125.25 Murder in the second degree.\n A person is guilty of murder in the second degree when:\n 1. With intent to cause the death of another person, he causes the\ndeath of such person or of a third person; except that in any\nprosecution under this subdivision, it is an affirm…

§ 125.26 Aggravated murder.\n A person is guilty of aggravated murder when:\n 1. With intent to cause the death of another person, he or she causes\nthe death of such person, or of a third person who was a person\ndescribed in subparagraph (i), (ii), (ii-a) or (iii) of paragraph …

§ 125.27 Murder in the first degree.\n A person is guilty of murder in the first degree when:\n 1. With intent to cause the death of another person, he causes the\ndeath of such person or of a third person; and\n (a) Either:\n (i) the intended victim was a police officer as defin…

§ 130.00 Sex offenses; definitions of terms.\n The following definitions are applicable to this article:\n 1. "Vaginal sexual contact" means conduct between persons consisting\nof contact between the penis and the vagina or vulva.\n 2. (a) "Oral sexual contact" means conduct betw…

§ 130.05 Sex offenses; lack of consent.\n 1. Whether or not specifically stated, it is an element of every\noffense defined in this article that the sexual act was committed\nwithout consent of the victim.\n 2. Lack of consent results from:\n (a) Forcible compulsion; or\n (b) Inc…

§ 130.10 Sex offenses; limitation; defenses.\n 1. In any prosecution under this article in which the victim's lack of\nconsent is based solely upon his or her incapacity to consent because he\nor she was mentally disabled, mentally incapacitated or physically\nhelpless, it is an …

§ 130.16 Sex offenses; corroboration.\n A person shall not be convicted of any offense defined in this article\nof which lack of consent is an element but results solely from\nincapacity to consent because of the victim's mental defect, or mental\nincapacity, or an attempt to com…

§ 130.20 Sexual misconduct.\n A person is guilty of sexual misconduct when:\n 1. He or she engages in vaginal sexual contact with another person\nwithout such person's consent; or\n 2. He or she engages in oral sexual contact with another person\nwithout such person's consent; or…

§ 130.25 Rape in the third degree.\n A person is guilty of rape in the third degree when:\n 1. He or she engages in vaginal sexual contact with another person who\nis incapable of consent by reason of some factor other than being less\nthan seventeen years old;\n 2. He or she eng…

§ 130.30 Rape in the second degree.\n A person is guilty of rape in the second degree when:\n 1. being eighteen years old or more, he or she engages in vaginal\nsexual contact with another person less than fifteen years old;\n 2. being eighteen years old or more, he or she engage…

§ 130.35 Rape in the first degree.\n A person is guilty of rape in the first degree when:\n 1. he or she engages in vaginal sexual contact with another person:\n (a) By forcible compulsion; or\n (b) Who is incapable of consent by reason of being physically\nhelpless; or\n (c) Who…

§ 130.52 Forcible touching.\n A person is guilty of forcible touching when such person\nintentionally, and for no legitimate purpose:\n 1. forcibly touches the sexual or other intimate parts of another\nperson for the purpose of degrading or abusing such person, or for the\npurpo…

§ 130.53 Persistent sexual abuse.\n A person is guilty of persistent sexual abuse when he or she commits\nthe crime of forcible touching, as defined in section 130.52 of this\narticle, sexual abuse in the third degree, as defined in section 130.55\nof this article, or sexual abus…

§ 130.55 Sexual abuse in the third degree.\n A person is guilty of sexual abuse in the third degree when he or she\nsubjects another person to sexual contact without the latter's consent;\nexcept that in any prosecution under this section, it is an affirmative\ndefense that (a) s…

§ 130.60 Sexual abuse in the second degree.\n A person is guilty of sexual abuse in the second degree when he or she\nsubjects another person to sexual contact and when such other person is:\n 1. Incapable of consent by reason of some factor other than being less\nthan seventeen …

§ 130.65 Sexual abuse in the first degree.\n A person is guilty of sexual abuse in the first degree when he or she\nsubjects another person to sexual contact:\n 1. By forcible compulsion; or\n 2. When the other person is incapable of consent by reason of being\nphysically helples…

§ 130.65-a Aggravated sexual abuse in the fourth degree.\n 1. A person is guilty of aggravated sexual abuse in the fourth degree\nwhen:\n (a) He or she inserts a foreign object in the vagina, urethra, penis,\nrectum or anus of another person and the other person is incapable of\n…

§ 130.66 Aggravated sexual abuse in the third degree.\n 1. A person is guilty of aggravated sexual abuse in the third degree\nwhen he or she inserts a foreign object or a finger in the vagina,\nurethra, penis, rectum or anus of another person:\n (a) By forcible compulsion; or\n (…

§ 130.67 Aggravated sexual abuse in the second degree.\n 1. A person is guilty of aggravated sexual abuse in the second degree\nwhen he or she inserts a finger in the vagina, urethra, penis, rectum or\nanus of another person causing physical injury to such person:\n (a) By forcib…

§ 130.70 Aggravated sexual abuse in the first degree.\n 1. A person is guilty of aggravated sexual abuse in the first degree\nwhen he or she inserts a foreign object in the vagina, urethra, penis,\nrectum or anus of another person causing physical injury to such person:\n (a) By …

§ 130.75 Course of sexual conduct against a child in the first degree.\n 1. A person is guilty of course of sexual conduct against a child in\nthe first degree when, over a period of time not less than three months\nin duration:\n (a) he or she engages in two or more acts of sexu…

§ 130.80 Course of sexual conduct against a child in the second degree.\n 1. A person is guilty of course of sexual conduct against a child in\nthe second degree when, over a period of time not less than three months\nin duration:\n (a) he or she engages in two or more acts of se…