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PL

Penal Law

TermDefinition
school grounds 1000 feet from property line
aggravated strangulation only a P.O. or peace officer can be charged
vehicular assault SPI + intox
shaken baby syndrome reckless assault of a child
gang assault 3+ defendants + SPI
assault 3 (class A Misdemeanor) intend PI -> cause PI, recklessly -> cause PI, criminal negligence -> cause PI by use of DW or DI
assault 2 intend SPI -> cause SPI
shooting a dead body with intent attempted murder
assault on a P.O. assault 2
adolescent offender 16/17 year old charged with a felony
youthful offender 16-18 at time of the crime OR juvenile offender
big guy/little guy more than 18 -> less than 16
no sock law may not use PF to resist (unauthorized) arrest
protracted impairment assault 2
chief admin of the courts designate facilities to detain youths
(4) culpable mental states IKReC, intentionally, knowingly, recklessly, criminal negligence
(2) defenses justification, infancy
(4) affirmative defenses MRED, mental defect, renunciation, entrapment, duress
(4) anticipatory offenses CCCA, criminal solicitation criminal facilitation conspiracy attempt
(9) deadly weapons loaded gun, billy, blackjack, switchblade knife, metal knuckles, metal knuckle knife, plastic knife, dagger, pilum ballistic knife
assault 1 intend SPI -> cause SPI with DW or DI, intend disfigure -> cause disfigure, reckless -> cause grave risk of death AND SPI, SPI caused to non-participant during felony
murder 2 intend death -> cause death (2 affirmative defenses), depraved mind murder, felony murder
manslaughter 2 aid suicide without duress OR recklessly cause death
reckless endangerment 2nd- A Misd, 1st- D Felony
menacing a P.O. class D felony
manslaughter 1 intend SPI -> cause death
20 years old + 16 years old sexual misconduct
sex with a dead human body sexual misconduct
oral sex with a 10 year old criminal sex act 1
sexual misconduct (class A Misd) any age not fitting into rape
sex offense need corroboration if victim mentally disabled OR incapacitated
persistent sexual abuse class E Felony
lack of consent force OR, less than 17, mentally disabled or incapacitated, physically helpless, prisoner/parolee/patient
rape 3 3rd (class E fel)- LT 17 + 21, 2nd (class D fel)- LT 15 + 18 (aff def less than 4 years), 1st (class B fel)- LT 11 OR LT 13 + 18
sex abuse 3rd- any age, 2nd- LT 14, 1st- LT 11 OR LT 13 +21
aggravated sex abuse 3rd- LT 11 OR LT 13 + 18 (object or finger) 2nd- LT 11 (physical injury with finger) 1st- LT 11 (physical injury with object)
civilian can use DPF to prevent/terminate DR BARK, dpf, rob, burg (dwelling), arson, rape (force), kidnap
civilian can use DPF to arrest MR/MR, murder, rob, manslaughter 1, rape (force)
police can use DPF any felony including PF + BAKE, burg 1, arson, kidnap, escape 1
criminal soliciation V- crime, M- felony or BG/LG crime, 3rd (class E fel)- bg/lg felony, 2nd (class D fel)- class A felony, 1st (class C fel)- bg/lg class A felony
criminal facilitation M- felony or BG/LG crime, 3rd (class E fel)- bg/lg felony, 2nd (class C fel)- class A felony, 1st (class B fel)- bg/lg class A felony
conspiracy (need overt act to convict) 6th (class B Misd) - 1+ persons crime, 5th (class A Misd)- bg/lg crime, 4th (class E Fel) - bg/lg felony OR class b/c fel OR money launder, 3rd (class D fel)- bg/lg class b/c felony, 2nd (class B fel)- A felony, 1st (class 1 fel)- bg/lg A felony
restrain unlawful imprisonment
abduct kidnapping
unlawful imprisonment 2nd- restrain, 1st- restrain and risk of SPI
kidnap 1 victim dies OR, abduct + coercion OR, abduct + ransom OR, restrain for 12+ hours to terrorize
kidnap 2 abduct
coercion 1 vs 3 1- more serious threat
custodial interference 1 remove from state permanently OR expose to serious risk
custodial interference 2 parent unlawfully takes child
dwelling building someone sleeps for the night
burg 3 BIKE, building, intend to commit crime, knowingly, enter/remain unlawfully
burg 2 DIKE OR A-BIKE, d- dwelling, a- agg factor
burg 1 A-DIKE
burg agg factors PAID, p- pi, a- armed w explosive or dw, i- threaten use of di, display gun (if not loaded burg 2)
crim tress 3rd- building OR enclosed fence OR school, 2nd- dwelling, 1st- building + FREDSammo
tampering with consumer product 2nd- PI, 1st- risk of spi
arson 5 (misd)- property, 4- building/mv reckless, 3- intentional, 2- good guy inside, 1- gems + good guy (gain, explosive, molotov, spi)
cemetery desecration 2 (misd)- damage/steal, 1- value over $250
agg cemetery desecration open casket
criminal tampering 3 (misd)- inconvenient (air out of tires)
criminal mischief 4 (misd)- $250 or less, stop person seeking help, 3- MT $250, 2- MT $1500, 1- explosive
pet cemetery crim misc
trademark counterfeiting 3rd- 1k or less, 2nd- MT 1k, 1st- MT 100k
mc-crap-gun meth precursor, CC, car more than 1k, religious article at least $100, MT 1k, possessor is pawn broker, gun
cpsp 5- 1k or less, 4- mc-crap-gun, 3- MT 3k, 2- MT 50k, 1- MT 1 mil
larceny vs tos larceny- obtain property, tos- obtain service
uuv 1 intent to commit A-D felony
gross deviation 15 days or less, 7 days beyond return date, 2 days beyond notice
uuv 3 gross deviation
Rob 1 AIDS, armed w dw, dangerous instrument, display gun (loaded and working), spi
Rob 2 MAID, mv, aided by another present, pi, display gun
robbery 3- forcibly steal, 2- MAID, 1- AIDS
computer tampering 4- alter data, 3- MT 1k, 2- MT 3k, 1- MT 50k
computer trespass wrongfully use computer to gain access to material
value of property cant be determined LT $250
(3) serious extortion PI, prop damage, abuse position
cc-grapes-ram CC, car more than $100, gun, records, MT 1k, person, extortion, science material, religious article at least $100, access device, meth precursors
grand larceny 4- cc-grapes-ram, 3- MT 3k or ATM, 2- MT 50k or serious extortion, 1- MT 1 mil
welfare fraud 5- take/obtain benefits, 4- 1k+, 3- 3k+, 2- 50k+, 1- 1 mil
auto stripping 3- parts from mv, 2- prior or 2+ vehicles, 1- 3+ vehicles
petit larceny $1,000 or less
offering a false instrument for filing 1 intent to defraud
criminal simulation alter object to make it appear real (cuban cigar)
issuing a bad check deft knows insufficient funds + intends check to bounce
unlawfully concealing a will e-felony
criminal usury loan w/ annual interest rate over 25%
falsifying business records 1 defraud with intent to commit another crime/conceal a crime
insurance fraud PL crime (not federal)
scheme to defraud 1 10+ people w/ 1+ defrauded OR more than 1 person and over 1k
forgery/cpfi 3- misd, 2- DR POT (deed, record, prescription, official gov instruments, things unable to place a money value on)
official misconduct public servant unauthorized act
oga 1 spi is caused
intentionally kill/injure police animal police animal-misd, police dog or horse- felony
bribery (f)3- agree, 2- mt 5k benefit, 1- mt 100k benefit
escape (m)3- from custody, 2- detention facility, c-d-e felony, y.o. on felony escapes from custody, 1- felony + detention facility, a-b felony, y.o. on felony escapes from detention facility
perjury (m)3- swear falsely, 2- special kind of writing (material), 1- in testimony (material)
criminal contempt 1 refusing to be sworn/answer GJ, violate oop, mt 250 damage while violating oop
agg criminal contempt cause PI or SPI
within 200 ft radius of court + disruptive criminal contempt 2
jump bail for conspiracy 2 bail jumping 1
false statement on document signed by jurat (notary) making an apparent false statement 2
steal wifi tos
theft/loss of firearm owner must report within 24 hours
microgram one-millionth of a gram
milligram one-thousandth of a gram
microgram to milligram divide by 1,000
1/4 gram of cocaine cpcs 7
less than 2800 milligrams of meth but more than 360 cpcs 4
8oz or more of cocaine cpcs 1
sale of 1/2 oz or more of a narcotic drug criminal sale 2
cpcs intent to sell always a felony
possession MT 16 oz cannabis crim poss 3
(3) cannabis felony poss MT 5 pounds, sale MT 16 oz, 21+ sells MT 3 oz to LT 18
sell out of state lottery tickets inside nys gambling offense
solicit sex for a fee 21+ and LT 17 patronizing a prostitute 3
similar obscene articles possessed need 6 or more
convict for obscenity must prove knowledge of contents and charachter
cpcs 7th- any, 5th- intent to sell
sale of a narcotic drug 3rd- any, 2nd- 1/2 oz, 1st- 2 oz
cannbis (and concentrated) not a controlled substance
approval to arrest for obscenity D.A. or judge
possession of a hypodermic needle not an offense
unlawful disclosure of an indictment occurs when bad guy isnt in custody yet
shove another person + racial slur agg harassment 2
money laundering 1 controlled substance sale of 500k+ OR, A-B-C felony proceeds 1 million+
unlawful wearing of body armor violent felony + poss of firearm
report loss of firearm to PD/sheriffs office within 24 hours
stolen vehicle with weapon everybody goes
machine gun everybody goes
executor must lawfully dispose of weapon/turn it over to police within 15 days (police hold for 1 year)
cpw 1 intent + explosive substance OR, 10+ firearms
cpw 2 intent + machine gun/loaded firearm/disguised gun OR, 5+ firearms
cpw 3 long-short-alien + ANY prior conviction
presumption of intent dont apply to: razor, machete, imitation pistol
criminal nuisance 1 gather for purpose of SALE of controlled substance
agg harass 1 based on race + damage to religious facility $50+
agg harass 2 based on race
discon violation (unreasonable noise)
criminal anarchy needs violence, class b felony
unlawful assembly 5+ people
inciting a riot 10+ people
riot 2 5+ people +grave risk of public alarm, class A misd
riot 1 11+ people
abandonment less than 14
non-support less than 16
tattoo a 16 year old unlawfully dealing with a child 2
firing a shotgun in a public place prohibited use of a weapon
18 yr old +12 yr old rape 1
falsely report a fire falsely reporting an incident 2
falsely report child abuse falsely reporting an incident 3
silencer cpw 3
armor piercing ammo cpw 4
money laundering 2 class D felony
Created by: Mlevin1990
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