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N.Y. Penal Law § 480.10 Procedure
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§ 480.10 Procedure. 1. After the grand jury votes to file an indictment charging a person with a felony offense as that term is defined in section 480.00 of this article, it may subsequently receive evidence that property is subject to forfeiture under this article. If such evide…
N.Y. Penal Law § 480.20 Disposal of property
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§ 480.20 Disposal of property. All property which is forfeited pursuant to this article shall be disposed of in accordance with the provisions of section thirteen hundred forty-nine of the civil practice law and rules. All reports required to be filed pursuant to article thirteen…
N.Y. Penal Law § 480.25 Election of remedies
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§ 480.25 Election of remedies. The imposition of a judgment or order of forfeiture pursuant to this article with respect to a defendant's interest in property shall preclude the imposition of a judgment or order of forfeiture with respect to such interest in property pursuant to …
N.Y. Penal Law § 480.30 Provisional remedies
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§ 480.30 Provisional remedies. 1. The provisional remedies authorized by article thirteen-A of the civil practice law and rules shall be available in an action for criminal forfeiture pursuant to this article to the extent and under the same terms, conditions and limitations as p…
N.Y. Penal Law § 480.35 Rebuttable presumption
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§ 480.35 Rebuttable presumption. 1. In a criminal forfeiture proceeding commenced pursuant to this article, the following rebuttable presumption shall apply: all currency or negotiable instruments payable to the bearer shall be presumed to be the proceeds of a felony offense when…
N.Y. Penal Law § 485.00 Legislative findings
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§ 485.00 Legislative findings. The legislature finds and determines as follows: criminal acts involving violence, intimidation and destruction of property based upon bias and prejudice have become more prevalent in New York state in recent years. The intolerable truth is that in …
N.Y. Penal Law § 485.05 Hate crimes
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§ 485.05 Hate crimes. 1. A person commits a hate crime when he or she commits a specified offense and either: (a) intentionally selects the person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception r…
N.Y. Penal Law § 485.10 Sentencing
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§ 485.10 Sentencing. 1. When a person is convicted of a hate crime pursuant to this article, and the specified offense is a violent felony offense, as defined in section 70.02 of this chapter, the hate crime shall be deemed a violent felony offense. 2. When a person is convicted …
N.Y. Penal Law § 490.00 Legislative findings
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§ 490.00 Legislative findings. The devastating consequences of the recent barbaric attack on the World Trade Center and the Pentagon underscore the compelling need for legislation that is specifically designed to combat the evils of terrorism. Indeed, the bombings of American emb…
N.Y. Penal Law § 490.01 Liability protection
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§ 490.01 Liability protection. 1. Any person who makes a qualified disclosure of suspicious behavior shall be immune from civil and criminal liability for reporting such behavior. 2. For purposes of this article, "qualified disclosure of suspicious behavior" means any disclosure …
N.Y. Penal Law § 490.05 Definitions
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§ 490.05 Definitions. As used in this article, the following terms shall mean and include: 1. "Act of terrorism": (a) for purposes of this article means an act or acts constituting a specified offense as defined in subdivision three of this section for which a person may be convi…
N.Y. Penal Law § 490.10 Soliciting or providing support for an act of terrorism in the second degree
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§ 490.10 Soliciting or providing support for an act of terrorism in the second degree. A person commits soliciting or providing support for an act of terrorism in the second degree when, with intent that material support or resources will be used, in whole or in part, to plan, pr…
N.Y. Penal Law § 490.15 Soliciting or providing support for an act of terrorism in the first degree
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§ 490.15 Soliciting or providing support for an act of terrorism in the first degree. A person commits soliciting or providing support for an act of terrorism in the first degree when he or she commits the crime of soliciting or providing support for an act of terrorism in the se…
N.Y. Penal Law § 490.20 Making a terroristic threat
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§ 490.20 Making a terroristic threat. 1. A person is guilty of making a terroristic threat when with intent to intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by mu…
N.Y. Penal Law § 490.25 Crime of terrorism
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§ 490.25 Crime of terrorism. 1. A person is guilty of a crime of terrorism when, with intent to intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by murder, assassina…
N.Y. Penal Law § 490.27 Domestic act of terrorism motivated by hate in the second degree
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§ 490.27 Domestic act of terrorism motivated by hate in the second degree. A person is guilty of the crime of domestic act of terrorism motivated by hate in the second degree when, acting with the intent to cause the death of, or serious physical injury to, five or more other per…
N.Y. Penal Law § 490.28 Domestic act of terrorism motivated by hate in the first degree
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§ 490.28 Domestic act of terrorism motivated by hate in the first degree. A person is guilty of the crime of domestic act of terrorism motivated by hate in the first degree when, acting with the intent to cause the death of, or serious physical injury to, five or more other perso…
N.Y. Penal Law § 490.30 Hindering prosecution of terrorism in the second degree
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§ 490.30 Hindering prosecution of terrorism in the second degree. A person is guilty of hindering prosecution of terrorism in the second degree when he or she renders criminal assistance to a person who has committed an act of terrorism, knowing or believing that such person enga…
N.Y. Penal Law § 490.35 Hindering prosecution of terrorism in the first degree
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§ 490.35 Hindering prosecution of terrorism in the first degree. A person is guilty of hindering prosecution of terrorism in the first degree when he or she renders criminal assistance to a person who has committed an act of terrorism that resulted in the death of a person other …
N.Y. Penal Law § 490.37 Criminal possession of a chemical weapon or biological weapon in the third degree
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§ 490.37 Criminal possession of a chemical weapon or biological weapon in the third degree. A person is guilty of criminal possession of a chemical weapon or biological weapon in the third degree when he or she possesses any select chemical agent or select biological agent under …
N.Y. Penal Law § 490.40 Criminal possession of a chemical weapon or biological weapon in the second degree
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§ 490.40 Criminal possession of a chemical weapon or biological weapon in the second degree. A person is guilty of criminal possession of a chemical weapon or biological weapon in the second degree when he or she possesses any chemical weapon or biological weapon with intent to u…
N.Y. Penal Law § 490.45 Criminal possession of a chemical weapon or biological weapon in the first degree
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§ 490.45 Criminal possession of a chemical weapon or biological weapon in the first degree. A person is guilty of criminal possession of a chemical weapon or biological weapon in the first degree when he or she possesses: 1. any select chemical agent, with intent to use such agen…
N.Y. Penal Law § 490.47 Criminal use of a chemical weapon or biological weapon in the third degree
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§ 490.47 Criminal use of a chemical weapon or biological weapon in the third degree. A person is guilty of criminal use of a chemical weapon or biological weapon in the third degree when, under circumstances evincing a depraved indifference to human life, he or she uses, deploys,…
N.Y. Penal Law § 490.50 Criminal use of a chemical weapon or biological weapon in the second degree
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§ 490.50 Criminal use of a chemical weapon or biological weapon in the second degree. A person is guilty of criminal use of a chemical weapon or biological weapon in the second degree when he or she uses, deploys, releases, or causes to be used, deployed, or released, any chemica…
N.Y. Penal Law § 490.55 Criminal use of a chemical weapon or biological weapon in the first degree
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§ 490.55 Criminal use of a chemical weapon or biological weapon in the first degree. A person is guilty of criminal use of a chemical weapon or biological weapon in the first degree when: 1. with intent to: (a) cause serious physical injury to, or the death of, another person; an…
N.Y. Penal Law § 490.70 Limitations
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§ 490.70 Limitations. 1. The provisions of sections 490.37, 490.40, 490.45, 490.47, 490.50, and 490.55 of this article shall not apply where the defendant possessed or used: (a) any household product generally available for sale to consumers in this state in the quantity and conc…
N.Y. Penal Law § 496.01 Definitions
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§ 496.01 Definitions. For the purposes of this article, "scheme" means any plan, pattern, device, contrivance, or course of action.
N.Y. Penal Law § 496.02 Corrupting the government in the fourth degree
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§ 496.02 Corrupting the government in the fourth degree. A person is guilty of corrupting the government in the fourth degree when, being a public servant, or acting in concert with a public servant, he or she engages in a scheme constituting a systematic ongoing course of conduc…
N.Y. Penal Law § 496.03 Corrupting the government in the third degree
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§ 496.03 Corrupting the government in the third degree. A person is guilty of corrupting the government in the third degree when, being a public servant, or acting in concert with a public servant, he or she engages in a scheme constituting a systematic ongoing course of conduct …
N.Y. Penal Law § 496.04 Corrupting the government in the second degree
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§ 496.04 Corrupting the government in the second degree. A person is guilty of corrupting the government in the second degree when, being a public servant, or acting in concert with a public servant, he or she engages in a scheme constituting a systematic ongoing course of conduc…
N.Y. Penal Law § 496.05 Corrupting the government in the first degree
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§ 496.05 Corrupting the government in the first degree. A person is guilty of corrupting the government in the first degree when, being a public servant, or acting in concert with a public servant, he or she engages in a scheme constituting a systematic ongoing course of conduct …
N.Y. Penal Law § 496.06 Public corruption
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§ 496.06 Public corruption. 1. A person commits the crime of public corruption when: (a) (i) being a public servant he or she commits a specified offense through the use of his or her public office, or (ii) being a person acting in concert with such public servant he or she commi…
N.Y. Penal Law § 496.07 Sentencing
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§ 496.07 Sentencing. When a person is convicted of the crime of public corruption pursuant to section 496.06 of this article and the specified offense is a class C, D or E felony, the crime shall be deemed to be one category higher than the specified offense the defendant committ…
N.Y. Penal Law § 5.00 Penal law not strictly construed
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§ 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.…
N.Y. Penal Law § 5.05 Application of chapter to offenses committed before and after enactment
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§ 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…
N.Y. Penal Law § 5.10 Other limitations on applicability of this chapter
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§ 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…
N.Y. Penal Law § 500.05 Laws repealed
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§ 500.05 Laws repealed. Chapter eighty-eight of the laws of nineteen hundred nine, entitled "An act providing for the punishment of crime, constituting chapter forty of the consolidated laws," and all acts amendatory thereof and supplemental thereto, constituting the penal law as…
N.Y. Penal Law § 500.10 Time of taking effect
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§ 500.10 Time of taking effect. This act shall take effect September first, nineteen hundred sixty-seven.
N.Y. Penal Law § 55.00 Applicability of article
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§ 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.
N.Y. Penal Law § 55.05 Classifications of felonies and misdemeanors
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§ 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…
N.Y. Penal Law § 55.10 Designation of offenses
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§ 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…
N.Y. Penal Law § 60.00 Applicability of provisions
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§ 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…
N.Y. Penal Law § 60.01 Authorized dispositions; generally
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§ 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…
N.Y. Penal Law § 60.02 Authorized disposition; youthful offender
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§ 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 …
N.Y. Penal Law § 60.04 Authorized disposition; controlled substances and marihuana felony offenses
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§ 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…
N.Y. Penal Law § 60.05 Authorized dispositions; other class A, B, certain C and D felonies and multiple felony offenders
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§ 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…
N.Y. Penal Law § 60.06 Authorized disposition; murder in the first degree offenders; aggravated murder offenders; certain murder in the second degree offenders;...
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§ 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…
N.Y. Penal Law § 60.07 Authorized disposition; criminal attack on operators of for-hire vehicles
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§ 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…
N.Y. Penal Law § 60.08 Authorized dispositions; resentencing of certain controlled substance offenders
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§ 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…
N.Y. Penal Law § 60.09 Authorized dispositions; resentencing of certain persons convicted of specified controlled substance offenses
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§ 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…