Title PEN, Penal

§ 480.20 Disposal of property.\n All property which is forfeited pursuant to this article shall be\ndisposed of in accordance with the provisions of section thirteen\nhundred forty-nine of the civil practice law and rules. All reports\nrequired to be filed pursuant to article thi…

§ 480.25 Election of remedies.\n The imposition of a judgment or order of forfeiture pursuant to this\narticle with respect to a defendant's interest in property shall\npreclude the imposition of a judgment or order of forfeiture with\nrespect to such interest in property pursuan…

§ 480.30 Provisional remedies.\n 1. The provisional remedies authorized by article thirteen-A of the\ncivil practice law and rules shall be available in an action for\ncriminal forfeiture pursuant to this article to the extent and under the\nsame terms, conditions and limitations…

§ 480.35 Rebuttable presumption.\n 1. In a criminal forfeiture proceeding commenced pursuant to this\narticle, the following rebuttable presumption shall apply: all currency\nor negotiable instruments payable to the bearer shall be presumed to be\nthe proceeds of a felony offense…

§ 485.00 Legislative findings.\n The legislature finds and determines as follows: criminal acts\ninvolving violence, intimidation and destruction of property based upon\nbias and prejudice have become more prevalent in New York state in\nrecent years. The intolerable truth is tha…

§ 485.05 Hate crimes.\n 1. A person commits a hate crime when he or she commits a specified\noffense and either:\n (a) intentionally selects the person against whom the offense is\ncommitted or intended to be committed in whole or in substantial part\nbecause of a belief or perce…

§ 485.10 Sentencing.\n 1. When a person is convicted of a hate crime pursuant to this\narticle, and the specified offense is a violent felony offense, as\ndefined in section 70.02 of this chapter, the hate crime shall be deemed\na violent felony offense.\n 2. When a person is con…

§ 490.00 Legislative findings.\n The devastating consequences of the recent barbaric attack on the\nWorld Trade Center and the Pentagon underscore the compelling need for\nlegislation that is specifically designed to combat the evils of\nterrorism. Indeed, the bombings of America…

§ 490.01 Liability protection.\n 1. Any person who makes a qualified disclosure of suspicious behavior\nshall be immune from civil and criminal liability for reporting such\nbehavior.\n 2. For purposes of this article, "qualified disclosure of suspicious\nbehavior" means any disc…

§ 490.05 Definitions.\n As used in this article, the following terms shall mean and include:\n 1. "Act of terrorism":\n (a) for purposes of this article means an act or acts constituting a\nspecified offense as defined in subdivision three of this section for\nwhich a person may …

§ 490.10 Soliciting or providing support for an act of terrorism in the\n second degree.\n A person commits soliciting or providing support for an act of\nterrorism in the second degree when, with intent that material support\nor resources will be used, in whole or in part, to pl…

§ 490.15 Soliciting or providing support for an act of terrorism in the\n first degree.\n A person commits soliciting or providing support for an act of\nterrorism in the first degree when he or she commits the crime of\nsoliciting or providing support for an act of terrorism in …

§ 490.20 Making a terroristic threat.\n 1. A person is guilty of making a terroristic threat when with intent\nto intimidate or coerce a civilian population, influence the policy of a\nunit of government by intimidation or coercion, or affect the conduct of\na unit of government …

§ 490.25 Crime of terrorism.\n 1. A person is guilty of a crime of terrorism when, with intent to\nintimidate or coerce a civilian population, influence the policy of a\nunit of government by intimidation or coercion, or affect the conduct of\na unit of government by murder, assa…

§ 490.27 Domestic act of terrorism motivated by hate in the second\n degree.\n A person is guilty of the crime of domestic act of terrorism motivated\nby hate in the second degree when, acting with the intent to cause the\ndeath of, or serious physical injury to, five or more oth…

§ 490.28 Domestic act of terrorism motivated by hate in the first\n degree.\n A person is guilty of the crime of domestic act of terrorism motivated\nby hate in the first degree when, acting with the intent to cause the\ndeath of, or serious physical injury to, five or more other…

§ 490.30 Hindering prosecution of terrorism in the second degree.\n A person is guilty of hindering prosecution of terrorism in the second\ndegree when he or she renders criminal assistance to a person who has\ncommitted an act of terrorism, knowing or believing that such person\…

§ 490.35 Hindering prosecution of terrorism in the first degree.\n A person is guilty of hindering prosecution of terrorism in the first\ndegree when he or she renders criminal assistance to a person who has\ncommitted an act of terrorism that resulted in the death of a person\no…

§ 490.37 Criminal possession of a chemical weapon or biological weapon\n in the third degree.\n A person is guilty of criminal possession of a chemical weapon or\nbiological weapon in the third degree when he or she possesses any\nselect chemical agent or select biological agent …

§ 490.40 Criminal possession of a chemical weapon or biological weapon\n in the second degree.\n A person is guilty of criminal possession of a chemical weapon or\nbiological weapon in the second degree when he or she possesses any\nchemical weapon or biological weapon with inten…

§ 490.45 Criminal possession of a chemical weapon or biological weapon\n in the first degree.\n A person is guilty of criminal possession of a chemical weapon or\nbiological weapon in the first degree when he or she possesses:\n 1. any select chemical agent, with intent to use su…

§ 490.47 Criminal use of a chemical weapon or biological weapon in the\n third degree.\n A person is guilty of criminal use of a chemical weapon or biological\nweapon in the third degree when, under circumstances evincing a depraved\nindifference to human life, he or she uses, de…

§ 490.50 Criminal use of a chemical weapon or biological weapon in the\n second degree.\n A person is guilty of criminal use of a chemical weapon or biological\nweapon in the second degree when he or she uses, deploys, releases, or\ncauses to be used, deployed, or released, any c…

§ 490.55 Criminal use of a chemical weapon or biological weapon in the\n first degree.\n A person is guilty of criminal use of a chemical weapon or biological\nweapon in the first degree when:\n 1. with intent to:\n (a) cause serious physical injury to, or the death of, another p…

§ 490.70 Limitations.\n 1. The provisions of sections 490.37, 490.40, 490.45, 490.47, 490.50,\nand 490.55 of this article shall not apply where the defendant possessed\nor used:\n (a) any household product generally available for sale to consumers in\nthis state in the quantity a…

§ 496.01 Definitions.\n For the purposes of this article, "scheme" means any plan, pattern,\ndevice, contrivance, or course of action.\n

§ 496.02 Corrupting the government in the fourth degree.\n A person is guilty of corrupting the government in the fourth degree\nwhen, being a public servant, or acting in concert with a public\nservant, he or she engages in a scheme constituting a systematic ongoing\ncourse of c…

§ 496.03 Corrupting the government in the third degree.\n A person is guilty of corrupting the government in the third degree\nwhen, being a public servant, or acting in concert with a public\nservant, he or she engages in a scheme constituting a systematic ongoing\ncourse of con…

§ 496.04 Corrupting the government in the second degree.\n A person is guilty of corrupting the government in the second degree\nwhen, being a public servant, or acting in concert with a public\nservant, he or she engages in a scheme constituting a systematic ongoing\ncourse of c…

§ 496.05 Corrupting the government in the first degree.\n A person is guilty of corrupting the government in the first degree\nwhen, being a public servant, or acting in concert with a public\nservant, he or she engages in a scheme constituting a systematic ongoing\ncourse of con…

§ 496.06 Public corruption.\n 1. A person commits the crime of public corruption when: (a) (i) being\na public servant he or she commits a specified offense through the use\nof his or her public office, or (ii) being a person acting in concert\nwith such public servant he or she …

§ 496.07 Sentencing.\n When a person is convicted of the crime of public corruption pursuant\nto section 496.06 of this article and the specified offense is a class\nC, D or E felony, the crime shall be deemed to be one category higher\nthan the specified offense the defendant co…

§ 5.00 Penal law not strictly construed.\n The general rule that a penal statute is to be strictly construed does\nnot apply to this chapter, but the provisions herein must be construed\naccording to the fair import of their terms to promote justice and\neffect the objects of the…

§ 5.05 Application of chapter to offenses committed before and after\n enactment.\n 1. The provisions of this chapter shall govern the construction of and\npunishment for any offense defined in this chapter and committed after\nthe effective date hereof, as well as the constructi…

§ 5.10 Other limitations on applicability of this chapter.\n 1. Except as otherwise provided, the procedure governing the\naccusation, prosecution, conviction and punishment of offenders and\noffenses is not regulated by this chapter but by the criminal procedure\nlaw.\n 2. This …

§ 500.05 Laws repealed.\n Chapter eighty-eight of the laws of nineteen hundred nine, entitled\n"An act providing for the punishment of crime, constituting chapter\nforty of the consolidated laws," and all acts amendatory thereof and\nsupplemental thereto, constituting the penal l…

§ 500.10 Time of taking effect.\n This act shall take effect September first, nineteen hundred\nsixty-seven.\n

§ 55.00 Applicability of article.\n The provisions of this article govern the classification and\ndesignation of every offense, whether defined within or outside of this\nchapter.\n

§ 55.05 Classifications of felonies and misdemeanors.\n 1. Felonies. Felonies are classified, for the purpose of sentence,\ninto five categories as follows:\n (a) Class A felonies;\n (b) Class B felonies;\n (c) Class C felonies;\n (d) Class D felonies; and\n (e) Class E felonies.…

§ 55.10 Designation of offenses.\n 1. Felonies.\n (a) The particular classification or subclassification of each felony\ndefined in this chapter is expressly designated in the section or\narticle defining it.\n (b) Any offense defined outside this chapter which is declared by law…

§ 60.00 Applicability of provisions.\n 1. The sentences prescribed by this article shall apply in the case of\nevery offense, whether defined within or outside of this chapter.\n 2. The sole provision of this article that shall apply in the case of\nan offense committed by a juve…

§ 60.01 Authorized dispositions; generally.\n 1. Applicability. Except as otherwise specified in this article, when\nthe court imposes sentence upon a person convicted of an offense, the\ncourt must impose a sentence prescribed by this section.\n 2. Revocable dispositions.\n (a) …

§ 60.02 Authorized disposition; youthful offender.\n When a person is to be sentenced upon a youthful offender finding, the\ncourt must impose a sentence as follows:\n (1) If the sentence is to be imposed upon a youthful offender finding\nwhich has been substituted for a convicti…

§ 60.04 Authorized disposition; controlled substances and marihuana\n felony offenses.\n 1. Applicability. Notwithstanding the provisions of any law, this\nsection shall govern the dispositions authorized when a person is to be\nsentenced upon a conviction of a felony offense def…

§ 60.05 Authorized dispositions; other class A, B, certain C and D\n felonies and multiple felony offenders.\n 1. Applicability. Except as provided in section 60.04 of this article\ngoverning the authorized dispositions applicable to felony offenses\ndefined in article two hundre…

§ 60.06 Authorized disposition; murder in the first degree offenders;\n aggravated murder offenders; certain murder in the second\n degree offenders; certain terrorism offenders; criminal\n possession of a chemical weapon or biological weapon\n offenders; criminal use of a chemic…

§ 60.07 Authorized disposition; criminal attack on operators of for-hire\n vehicles.\n 1. Notwithstanding any other provision of law to the contrary, when a\ncourt has found, pursuant to the provisions of section 200.61 of the\ncriminal procedure law, both that a person has been …

§ 60.08 Authorized dispositions; resentencing of certain controlled\n substance offenders.\n Any person convicted of an offense and sentenced to prison for an\nindeterminate sentence, the minimum of which was at least one year and\nthe maximum of which was life imprisonment, whic…

§ 60.09 Authorized dispositions; resentencing of certain persons\n convicted of specified controlled substance offenses.\n a. Any person convicted of an offense as defined in section 115.05,\n220.16, 220.18, 220.39 or 220.41 of this chapter or of an attempt\nthereof, for an act c…

§ 60.10 Authorized disposition; juvenile offender.\n 1. When a juvenile offender is convicted of a crime, the court shall\nsentence the defendant to imprisonment in accordance with section 70.05\nor sentence him upon a youthful offender finding in accordance with\nsection 60.02 o…