Penal Law Offenses under the New York Penal Code

Update : 2022

Purpose of the Law

• To proscribe conduct which unjustifiably and inexcusably causes or threatens substantial harm to individual or public interests;
• To give fair warning of the nature of the conduct proscribed and of the sentences authorized upon conviction;
• To define the act or omission and the accompanying mental state which constitute each offense;
• To differentiate on reasonable grounds between serious and minor offenses and to prescribe proportionate penalties therefor;
• To provide for an appropriate public response to particular offenses, including consideration of the consequences of the offense for the victim, including the victim’s family, and the community; and
• To insure the public safety by preventing the commission of offenses through the deterrent influence of the sentences authorized, the rehabilitation of those convicted, the promotion of their successful and productive reentry and reintegration into society, and their confinement when required in the interests of public protection.

CHAPTER 40 – Penal – New York Penal Code

PART 1 General Provisions
PART 2 Sentences
PART 3 Specific Offenses
PART 4 Administrative Provisions

“Culpable mental state” means “intentionally” or “knowingly” or “recklessly” or with “criminal negligence,” “Conduct” means an act or omission and its accompanying mental state. “Act” means a bodily movement. Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment. “Voluntary act” means a bodily movement performed consciously as a result of effort or determination, and includes the possession of property if the actor was aware of his physical possession or control thereof for a sufficient period to have been able to terminate it. “Omission” means a failure to perform an act as to which a duty of performance is imposed by law. “To act” means either to perform an act or to omit to perform an act.

1. “Intentionally.” A person acts intentionally with respect to a result or to conduct described by a statute defining an offense when his conscious objective is to cause such result or to engage in such conduct.

2. “Knowingly.” A person acts knowingly with respect to conduct or to a circumstance described by a statute defining an offense when he is aware that his conduct is of such nature or that such circumstance exists.

3. “Recklessly.” A person acts recklessly with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware thereof solely by reason of voluntary intoxication also acts recklessly with respect thereto.

4. “Criminal negligence.” A person acts with criminal negligence with respect to a result or to a circumstance described by a statute defining an offense when he fails to perceive a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.

Requirements for criminal liability in general and for offenses of strict liability and mental culpability-

The minimal requirement for criminal liability is the performance by a person of conduct which includes a voluntary act or the omission to perform an act which he is physically capable of performing. If such conduct is all that is required for commission of a particular offense, or if an offense or some material element thereof does not require a culpable mental state on the part of the actor, such offense is one of “strict liability.” If a culpable mental state on the part of the actor is required with respect to every material element of an offense, such offense is one of “mental culpability.”  Although no culpable mental state is expressly designated in a statute defining an offense, a culpable mental state may nevertheless be required for the commission of such offense, or with respect to some or all of the material elements thereof, if the proscribed conduct necessarily involves such culpable mental state. A statute defining a crime, unless clearly indicating a legislative intent to impose strict liability, should be construed as defining a crime of mental culpability.

Defenses and burden of proof-

When a “defense,” other than an “affirmative defense,” defined by statute is raised at a trial, the people have the burden of disproving such defense beyond a reasonable doubt.  When a defense declared by statute to be an “affirmative defense” is raised at a trial, the defendant has the burden of establishing such defense by a preponderance of the evidence.

CHAPTER 1030

AN ACT providing for the punishment of offenses, constituting chapter forty of the consolidated laws
Became a law July 20, 1965, with the approval of the Governor. Passed by a majority vote, three-fifths being present

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

CHAPTER 40 OF THE CONSOLIDATED LAWS

PENAL LAW

Articles [1-500]

1. General purposes (§§ 1.00-1.05).

5. General rules of construction and application (§§ 5.00-5.10).

10. Definitions (§ 10.00).

15. Culpability (§§ 15.00-15.25).

20. Parties to offenses and liability through accessorial conduct (§§ 20.00-20.25).

25. Defenses in general (§ 25.00).

30. Defense of infancy (§ 30.00).

35. Defense of justification (§§ 35.00-35.30).

40. Other defenses involving lack of culpability (§§ 40.00-40.15).

55. Classification and designation of offenses (§§ 55.00-55.10).

60. Authorized dispositions of offenders (§§ 60.00-60.37).

65. Sentences of probation, conditional discharge and

unconditional discharge (§§ 65.00-65.20).

70. Sentences of imprisonment (§§ 70.00-70.85).

80. Fines (§§ 80.00-80.15).

85. Sentence of intermittent imprisonment (§§ 85.00-85.15).

100. Criminal solicitation (§§ 100.00-100.20).

105. Conspiracy (§§ 105.00-105.35).

110. Attempt (§§ 110.00-110.10).

115. Criminal facilitation (§§ 115.00-115.15).

120. Assault and related offenses (§§ 120.00-120.70).

121. Strangulation and related offenses (§§ 121.11-121.14).

125. Homicide, abortion and related offenses (§§ 125.00-125.60).

130. Sex offenses (§§ 130.00-130.96).

135. Kidnapping, coercion and related offenses (§§ 135.00-135.75).

140. Burglary and related offenses (§§ 140.00-140.40).

145. Criminal mischief and related offenses (§§ 145.00-145.70).

150. Arson (§§ 150.00-150.20).

155. Larceny (§§ 155.00-155.45).

156. Offenses involving computers; definition of terms (§§ 156.00-156.50).

158. Welfare fraud (§§ 158.00-158.50).

160. Robbery (§§ 160.00-160.15).

165. Other offenses relating to theft (§§ 165.00-165.74).

170. Forgery and related offenses (§§ 170.00-170.75).

175. Offenses involving false written statements (§§ 175.00-175.45).

176. Insurance fraud (§§ 176.00-176.80).

177. Health care fraud (§§ 177.00-177.30).

178. Criminal diversion of prescription medications and prescriptions (§§ 178.00-178.25).

179. Criminal diversion of medical marihuana (§§ 179.00-179.15).

180. Bribery not involving public servants, and related offenses (§§ 180.00-180.57).

185. Frauds on creditors (§§ 185.00-185.15).

187. Residential mortgage fraud (§§ 187.00-187.25).

190. Other frauds (§§ 190.00-190.89).

195. Official misconduct and obstruction of public servants generally (§§ 195.00-195.20).

200. Bribery involving public servants and related offenses (§§ 200.00-200.56).

205. Escape and other offenses relating to custody (§§ 205.00-205.65).

210. Perjury and related offenses (§§ 210.00-210.50).

215. Other offenses relating to judicial and other proceedings (§§ 215.00-215.80).

220. Controlled substances offenses (§§ 220.00-220.78).

222. Cannabis (§§ 220.00-220-65).

225. Gambling offenses (§§ 225.00-225.95).

230. Prostitution offenses (§§ 230.00-230.40).

235. Obscenity and related offenses (§§ 235.00-235.24).

240. Offenses against public order (§§ 240.00-240.77).

241. Harassment of rent regulated tenants (§§ 241.00-241.05).

242. Offenses against service animals and handlers (§§ 242.00-242.15).

245. Offenses against public sensibilities (§§ 245.00-245.15).

250. Offenses against the right to privacy (§§ 250.00-250.65).

255. Offenses affecting the marital relationship (§§ 255.00-255.30).

260. Offenses relating to children, disabled persons and vulnerable elderly persons (§§ 260.00-260.34).

263. Sexual performance by a child (§§ 263.00-263.30).

265. Firearms and other dangerous weapons (§§ 265.00-265.64).

270. Other offenses relating to public safety (§§ 270.00-270.40).

275. Offenses relating to unauthorized recording of sound (§§ 275.00-275.45).

400. Licensing and other provisions relating to firearms (§§ 400.00-400.20).

405. Licensing and other provisions relating to fireworks (§§ 405.00-405.18).

410. Seizure and forfeiture of equipment used in promoting pornography (§ 410.00).

415. Seizure and forfeiture of vehicles, vessels and aircraft used to transport or conceal gambling records (§ 415.00).

420. Seizure and destruction of unauthorized recordings of sound and forfeiture of equipment used in the production thereof (§§ 420.00-420.05).

450. Disposal of stolen property (§ 450.10).

460. Enterprise corruption (§§ 460.00-460.80).

470. Money laundering (§§ 470.00-470.25).

480. Criminal forfeiture – felony controlled substance offenses (§§ 480.00-480.35).

485. Hate crimes (§§ 485.00-485.10).

490. Terrorism (§§ 490.00-490.70).

496. Corrupting the government (§§ 496.01-496.07).

500. Laws repealed; time of taking effect (§§ 500.05-500.10).

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 felonies are subclassified, for the purpose of sentence, into two categories as follows: subclass I and subclass II, to be known as class A-I and class A-II felonies, respectively.

2. Misdemeanors. Misdemeanors are classified, for the purpose of sentence, into three categories as follows:

(a) Class A misdemeanors; (b) Class B misdemeanors; and (c) Unclassified misdemeanors.