Title PEN, Penal

§ 40.00 Duress.\n 1. In any prosecution for an offense, it is an affirmative defense\nthat the defendant engaged in the proscribed conduct because he was\ncoerced to do so by the use or threatened imminent use of unlawful\nphysical force upon him or a third person, which force or…

§ 40.05 Entrapment.\n In any prosecution for an offense, it is an affirmative defense that\nthe defendant engaged in the proscribed conduct because he was induced\nor encouraged to do so by a public servant, or by a person acting in\ncooperation with a public servant, seeking to …

§ 40.10 Renunciation.\n 1. In any prosecution for an offense, other than an attempt to commit\na crime, in which the defendant's guilt depends upon his criminal\nliability for the conduct of another person pursuant to section 20.00,\nit is an affirmative defense that, under circu…

§ 40.15 Mental disease or defect.\n In any prosecution for an offense, it is an affirmative defense that\nwhen the defendant engaged in the proscribed conduct, he lacked criminal\nresponsibility by reason of mental disease or defect. Such lack of\ncriminal responsibility means th…

§ 400.00 Licensing and other provisions relating to firearms.\n 1. Eligibility. No license shall be issued or renewed pursuant to this\nsection except by the licensing officer, and then only after\ninvestigation and finding that all statements in a proper application\nfor a licen…

§ 400.01 License to carry and possess firearms for retired sworn members\n of the division of state police.\n 1. A license to carry or possess a firearm or to purchase or take\npossession of a semiautomatic rifle for a retired sworn member of the\ndivision of state police shall b…

§ 400.02 Statewide license and record database.\n 1. There shall be a statewide license and record database which shall\nbe created and maintained by the division of state police the cost of\nwhich shall not be borne by any municipality. Records assembled or\ncollected for purpos…

§ 400.03 Sellers of ammunition.\n 1. A seller of ammunition as defined in subdivision twenty-four of\nsection 265.00 of this chapter shall register with the superintendent of\nstate police in a manner provided by the superintendent. Any dealer in\nfirearms that is validly license…

§ 400.05 Disposition of weapons and dangerous instruments, appliances\n and substances.\n 1. Any weapon, instrument, appliance or substance specified in article\ntwo hundred sixty-five, when unlawfully possessed, manufactured,\ntransported or disposed of, or when utilized in the …

§ 400.06 National instant criminal background checks.\n 1. Any dealer in firearms that sells, delivers or otherwise transfers\nany firearm shall contact the division of state police to conduct a\nnational instant criminal background check pursuant to section two\nhundred twenty-e…

§ 400.10 Report of theft or loss of a firearm, rifle or shotgun.\n 1. (a) Any owner or other person lawfully in possession of: (i) a\nfirearm, rifle or, shotgun who suffers the loss or theft of said weapon;\n(ii) ammunition as well as a firearm, rifle or shotgun who suffers the\n…

§ 400.20 Waiting period in connection with the sale or transfer of a\n rifle or shotgun.\n When a national instant criminal background check is required pursuant\nto state or federal law to be conducted through the National Instant\nCriminal Background Check System (NICS) or its …

§ 400.30 Application.\n Nothing in this article shall be construed to impair or in any way\nprevent the enactment or application of any local law, code, ordinance,\nrule or regulation that is more restrictive than any requirement set\nforth in or established by this article.\n

§ 405.00 Permits for public displays of fireworks.\n 1. Definition of "permit authority." The term "permit authority," as\nused in this section, means and includes the agency authorized to grant\nand issue the permits provided in this section. The permit authority on\nor within s…

§ 405.05 Seizure and destruction of fireworks.\n Fireworks possessed unlawfully may be seized by any peace officer,\nacting pursuant to his special duties, or police officer, who must\ndeliver the same to the magistrate before whom the person arrested is\nrequired to be taken. Th…

§ 405.10 Permits for indoor pyrotechnics.\n 1. Definitions. For the purposes of this section, the following terms\nhave the following meanings:\n a. Airburst. A pyrotechnic device that is suspended in the air to\nsimulate outdoor aerial fireworks shells without producing hazardou…

§ 405.12 Unpermitted use of indoor pyrotechnics in the second degree.\n A person is guilty of unpermitted use of indoor pyrotechnics in the\nsecond degree when he or she is responsible for obtaining a necessary\npermit to use indoor pyrotechnics, as required by paragraph o of\nsu…

§ 405.14 Unpermitted use of indoor pyrotechnics in the first degree.\n A person is guilty of unpermitted use of indoor pyrotechnics in the\nfirst degree when he or she commits the crime of unpermitted use of\nindoor pyrotechnics in the second degree, as defined in section 405.12\…

§ 405.16 Aggravated unpermitted use of indoor pyrotechnics in the second\n degree.\n A person is guilty of aggravated unpermitted use of indoor\npyrotechnics in the second degree when he or she commits the crime of\nunpermitted use of indoor pyrotechnics in the second degree, as …

§ 405.18 Aggravated unpermitted use of indoor pyrotechnics in the first\n degree.\n A person is guilty of aggravated unpermitted use of indoor\npyrotechnics in the first degree when he or she commits the crime of\nunpermitted use of indoor pyrotechnics in the second degree, as de…

§ 410.00 Seizure and forfeiture of equipment used in photographing,\n filming, producing, manufacturing, projecting or distributing\n pornographic still or motion pictures.\n 1. Any peace officer, acting pursuant to his special duties, or police\nofficer of this state may seize a…

§ 415.00 Seizure and forfeiture of vehicles, vessels and aircraft used\n to transport or conceal gambling records.\n 1. It shall be unlawful to transport, carry, convey or conceal in,\nupon or by means of any vehicle, vessel or aircraft, with knowledge of\nthe contents thereof, a…

§ 420.00 Seizure and destruction of unauthorized recordings.\n Any article produced in violation of article two hundred seventy-five\nof this chapter may be seized by any police officer upon the arrest of\nany individual in possession of same. Upon final determination of the\ncha…

§ 420.05 Seizure and forfeiture of equipment used in the production of\n unauthorized recordings.\n 1. Any police officer of this state may seize any equipment, or\ncomponents, used in the manufacture or production of unauthorized\nrecordings and may seize any vehicle or other me…

§ 450.10 Disposal of stolen property.\n 1. When property, other than contraband including but not limited to\nthose items subject to the provisions of sections 410.00, 415.00, 420.00\nand 420.05 of this chapter, alleged to have been stolen is in the\ncustody of a police officer, …

§ 460.00 Legislative findings.\n The legislature finds and determines as follows:\n Organized crime in New York state involves highly sophisticated,\ncomplex and widespread forms of criminal activity. The diversified\nillegal conduct engaged in by organized crime, rooted in the i…

§ 460.10 Definitions.\n The following definitions are applicable to this article.\n 1. "Criminal act" means conduct constituting any of the following\ncrimes, or conspiracy or attempt to commit any of the following\nfelonies:\n (a) Any of the felonies set forth in this chapter: s…

§ 460.20 Enterprise corruption.\n 1. A person is guilty of enterprise corruption when, having knowledge\nof the existence of a criminal enterprise and the nature of its\nactivities, and being employed by or associated with such enterprise,\nhe:\n (a) intentionally conducts or par…

§ 460.22 Aggravated enterprise corruption.\n A person is guilty of aggravated enterprise corruption when he or she\ncommits the crime of enterprise corruption and two or more of the acts\nthat constitute his or her pattern of criminal activity are class B\nfelonies or higher, and…

§ 460.25 Enterprise corruption; limitations.\n 1. For purposes of subdivision one of section 460.20 of this article,\na person does not acquire or maintain an interest in an enterprise by\nparticipating in a pattern of criminal activity when he invests proceeds\nderived from a pa…

§ 460.30 Enterprise corruption; forfeiture.\n 1. Any person convicted of enterprise corruption may be required\npursuant to this section to criminally forfeit to the state:\n (a) any interest in, security of, claim against or property or\ncontractual right of any kind affording a…

§ 460.40 Enterprise corruption; jurisdiction.\n A person may be prosecuted for enterprise corruption:\n 1. in any county in which the principal place of business, if any, of\nthe enterprise was located at the time of the offense, and, if the\nenterprise had a principal place or b…

§ 460.50 Enterprise corruption; prosecution.\n 1. Subject to the provisions of section 460.60 of this article, a\ncharge of enterprise corruption may be prosecuted by: (a) the district\nattorney of any county with jurisdiction over the offense pursuant to\nsection 460.40 of this …

§ 460.60 Enterprise corruption; consent to prosecute.\n 1. For purposes of this section, when a grand jury proceeding concerns\na possible charge of enterprise corruption, or when an accusatory\ninstrument includes a count charging a person with enterprise\ncorruption, the affect…

§ 460.70 Provisional remedies.\n 1. The provisional remedies authorized by article thirteen-A of the\ncivil practice law and rules shall be available in all criminal actions\nin which criminal forfeiture or a fine pursuant to section 460.60 is\nsought to the extent and under the …

§ 460.80 Court ordered disclosure.\n Notwithstanding the provisions of article two hundred forty-five of\nthe criminal procedure law, when forfeiture is sought pursuant to\nsection 460.30 of this article, the court may order discovery of any\nproperty not otherwise disclosed whic…

§ 470.00 Definitions.\n The following definitions are applicable to this article.\n 1. "Monetary instrument" means coin and currency of the United States\nor of any other country; personal checks; bank checks; traveler's\nchecks; money orders; and investment securities and negoti…

§ 470.03 Money laundering: aggregation of value; other matters.\n 1. For purposes of subdivisions one and three of sections 470.05,\n470.10, 470.15, 470.21, 470.22 and 470.23, and for purposes of\nsubdivisions one and two of sections 470.20 and 470.24 of this article,\nfinancial …

§ 470.05 Money laundering in the fourth degree.\n A person is guilty of money laundering in the fourth degree when:\n 1. Knowing that the property involved in one or more financial\ntransactions represents the proceeds of criminal conduct:\n (a) he or she conducts one or more suc…

§ 470.10 Money laundering in the third degree.\n A person is guilty of money laundering in the third degree when:\n 1. Knowing that the property involved in one or more financial\ntransactions represents:\n (a) the proceeds of the criminal sale of a controlled substance, he or\ns…

§ 470.15 Money laundering in the second degree.\n A person is guilty of money laundering in the second degree when:\n 1. Knowing that the property involved in one or more financial\ntransactions represents:\n (a) the proceeds of the criminal sale of a controlled substance, he or\…

§ 470.20 Money laundering in the first degree.\n A person is guilty of money laundering in the first degree when:\n 1. Knowing that the property involved in one or more financial\ntransactions represents:\n (a) the proceeds of the criminal sale of a controlled substance, he or\ns…

§ 470.21 Money laundering in support of terrorism in the fourth degree.\n A person is guilty of money laundering in support of terrorism in the\nfourth degree when:\n 1. Knowing that the property involved in one or more financial\ntransactions represents either the proceeds of an…

§ 470.22 Money laundering in support of terrorism in the third degree.\n A person is guilty of money laundering in support of terrorism in the\nthird degree when:\n 1. Knowing that the property involved in one or more financial\ntransactions represents either the proceeds of an a…

§ 470.23 Money laundering in support of terrorism in the second degree.\n A person is guilty of money laundering in support of terrorism in the\nsecond degree when:\n 1. Knowing that the property involved in one or more financial\ntransactions represents either the proceeds of an…

§ 470.24 Money laundering in support of terrorism in the first degree.\n A person is guilty of money laundering in support of terrorism in the\nfirst degree when:\n 1. Knowing that the property involved in one or more financial\ntransactions represents either the proceeds of an a…

§ 470.25 Money laundering; fines.\n 1. Any person convicted of a violation of section 470.05, 470.10,\n470.15, or 470.20 of this article may be sentenced to pay a fine not in\nexcess of two times the value of the monetary instruments which are the\nproceeds of specified criminal …

§ 480.00 Definitions.\n The following definitions are applicable to this article.\n 1. "Felony offense" means only a felony defined in article two hundred\ntwenty of this chapter, or an attempt or conspiracy to commit any such\nfelony, provided such attempt or conspiracy is punis…

§ 480.05 Felony controlled substance offenses; forfeiture.\n 1. When any person is convicted of a felony offense, the following\nproperty is subject to forfeiture pursuant to this article:\n (a) any property constituting the proceeds or substituted proceeds of\nsuch offense, unle…

§ 480.10 Procedure.\n 1. After the grand jury votes to file an indictment charging a person\nwith a felony offense as that term is defined in section 480.00 of this\narticle, it may subsequently receive evidence that property is subject\nto forfeiture under this article. If such …