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PL
Penal Law
| Term | Definition |
|---|---|
| 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 |