New York Laws

New York Penal Law Reference Guide
This is a quick reference guide to some of the crimes in the NYS Penal Law.
CRIMINAL SOLICITATION
Article 100 - Criminal Solicitation has 5 degrees
1st, 2nd, and 3rd are Felonies | 4th is a Misdemeanor | 5th is a Violation
Criminal Solicitation 5th - Violation
• With INTENT engage in conduct constituting a CRIME and
• Solicits, requests, commands or attempts to cause other person to enage in such conduct
Criminal Solicitation 4th - A Misdemeanor
• With INTENT engage in conduct constituting a FELONY or
• Being over 18 years old with person under 16 years old conduct constituting a CRIME.
Criminal Solicitation 3rd - E Felony
• Being over 18 years old with person under 16 years old and
• With INTENT engage in conduct constituting a FELONY.
Criminal Solicitation 2nd - D Felony
• With INTENT engage in conduct constituting a class A FELONY.
Criminal Solicitation 1st - C Felony
• Being over 18 years old with person under 16 years old and
• With INTENT engage in conduct constituting a class A FELONY.
Key elements to the crime of Criminal Solicitation
• INTENT
• Type of conduct: CRIME, FELONY, class A FELONY
• AGES: Over 18 years old less than 16 years old
Note: Over 18 years old means the person has reached his 19th birthday.
Under 16 years old means the person is not 16 years old yet. 
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CONSPIRACY
Article 105 - Conspiracy has 6 degrees
1st, 2nd, 3rd and 4th are Felonies | 5th and 6th are Misdemeanors
Conspiracy 6th - B Misdemeanor
• With INTENT agrees to enage in conduct constituting a CRIME
Conspiracy 5th - A Misdemeanor
• With INTENT agrees to engage in conduct constituting a FELONY or
• Being over 18 years old with person under 16 years old conduct constituting a CRIME.
Conspiracy 4th - E Felony
• Class B or Class C FELONY or
• Being over 18 years old with person under 16 years old conduct constituting a FELONY or
• Money Laundering 3rd - Section 470.10
Conspiracy 3rd - D Felony
• Being over 18 years old with person under 16 years old and
• With INTENT that conduct constituting a class B FELONY or class C FELONY be performed.
Conspiracy 2nd - B Felony
• With INTENT that conduct constituting a class A FELONY be performed.
Conspiracy 1st - AI Felony
• Being over 18 years old with person under 16 years old and
• With INTENT that conduct constituting a class A FELONY be performed.
Key elements to Conspiracy
• INTENT
• Type of conduct: CRIME, FELONY, class B FELONY, class C FELONY, class A FELONY
• AGES: Over 18 years old < 16 years old
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CRIMINAL FACILITATION
Article 115 - Criminal Facilitation has 4 degrees
1st, 2nd, and 3rd are Felonies | 4th is a Misdemeanor
Criminal Facilitation 4th - A Misdemeanor
• Provides means which in fact aids person to commit a FELONY or
• Being over 18 years old with person under 16 years old conduct constituting a CRIME.
Criminal Facilitation 3rd - E Felony
• Being over 18 years old with person under 16 years old and
• Provides means or opportunity to commit a FELONY.
Criminal Facilitation 2nd - C Felony
• Provides means which in fact aids person to commit class A FELONY.
Criminal Facilitation 1st - B Felony
• Being over 18 years old with person under 16 years old and
• Provides means which in fact aids person to commit class A FELONY.
Key elements to Criminal Facilitation
• No age requirements: Need a FELONY.
• Over 18 years old < 16 years old requires a CRIME.
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ASSAULT
Article 120 - Assault has 3 degrees
1st and 2nd are Felonies | 3rd is a Misdemeanor
Assault 3rd - A Misdemeanor
• With INTENT to cause PHYSICAL INJURY cause PHYSICAL INJURY or
• RECKLESSLY causes PHYSICAL INJURY or
• With CRIMINAL NEGLIGENCE causes PHYSICAL INJURY with DEADLY WEAPON or DANGEROUS INSTRUMENT.
Assault 2nd - D Felony
• With INTENT to cause SERIOUS PHYSICAL INJURY  causes such injury or
• With INTENT to cause PHYSICAL INJURY causes such injury with DEADLY WEAPON or
  DANGEROUS INSTRUMENT or
• With INTENT to prevent Officers lawful duty by releasing animal or failing to control
  same or
• RECKLESSLY causes SERIOUS PHYSICAL INJURY with DEADLY WEAPON or DANGEROUS INSTRUMENT or
• INTENTIONALLY causes stupor with drug or
• While in Correctional Facility causes PHYSICAL INJURY or
• Being 18 years old or more with INTENT to cause PHYSICAL INJURY to person less than
  7 years old RECKLESSLY causes SERIOUS PHYSICAL INJURY or
• Being 18 years old or more with INTENT to cause PHYSICAL INJURY to person less than
  7 years old causes PHYSICAL INJURY or
• On school grounds cause PHYSICAL INJURY to school employee or
  non-student causes PHYSICAL INJURY to student or
• With INTENT cause PHYSICAL INJURY to train operator...(and others)
• With INTENT to cause PHYSICAL INJURY to person 65 years or older causes such injury
  and the actor is more than ten years younger than such person.
Assault 1st - B Felony
• With INTENT to cause SERIOUS PHYSICAL INJURY cause SERIOUS PHYSICAL INJURY 
  with DEADLY WEAPON or DANGEROUS INSTRUMENT or
• With INTENT to DISFIGURE causes such injury or
• Evincing depraved indifference to life he RECKLESSLY creates grave risk of death and
  thereby causes SERIOUS PHYSICAL INJURY or
• In the course of FELONY cause SERIOUS PHYSICAL INJURY.
Key elements to Assault
• Type of injury: PHYSICAL INJURY or SERIOUS PHYSICAL INJURY.
• Cause: with INTENT, RECKLESSLY or with CRIMINAL NEGLIGENCE.
• Ages: 18 or older < 7 years old
        65 years old and actor is more than 10 years younger.
Note: Being 18 means actor has reached his 18th birthday. Less than 7 means victim has
not reached his 7th birthday.
• Location of Assault: Correctional Facility...(120.05 sub 7)
                       School Grounds (120.05 sub 10)
• Victim of Assault: Was it a Police Officer, Peace Officer...(120.05 sub 3)
                     Was it a Train Operator, Ticket Inspector...(120.05 sub 11)
                     Was it an employee of a school...(120.05 sub 10)
                     Was it a student and actor was a non-student...(120.05 sub 10)
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ROBBERY
Article 160 - Robbery has 3 degrees
All are Felonies
Robbery 3rd - D Felony
• Forcibly steals property
Robbery 2nd - C Felony
• Forcibly steals property and
• Aided by another or
• Causes PHYSICAL INJURY or
• Displays what appears to be FIREARM or
• Property is a MOTOR VEHICLE.
Robbery 1st - B Felony
• Forcibly steals property and
• Causes SERIOUS PHYSICAL INJURY or
• Armed with DEADLY WEAPON or
• Uses or threatens use of DANGEROUS INSTRUMENT or
• Displays what appears to be FIREARM.*
*Note: Affirmative defense if firearm not loaded, reduced to 2nd degree.
Key elements to Robbery
• FORCIBLY STEALS PROPERTY
• Was victim injured: PHYSICAL INJURY or SERIOUS PHYSICAL INJURY.
• Was DANGEROUS INSTRUMENT or DEADLY WEAPON involved.
• Was FIREARM involved.
• Was the property taken a MOTOR VEHICLE.
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RAPE
Article 130 - Rape has 3 degrees
All are Felonies
Rape 3rd - E Felony
• Sexual Intercourse and
• Incapable of consent other than being less than 17 years old or
• 21 years old or more less than 17 years old or
• Without consent by other than incapacity to consent.
Rape 2nd - D Felony
• Sexual Intercourse and
• 18 years old or more with less than 15 years old or
• Mentally disabled or mentally incapacitated.
*Note: Affirmative defense for sub 1, actor less than 4 years older than victim. 
Rape 1st - B Felony
• Sexual Intercourse and
• Forcible or
• Physically helpless or
• Less than 11 years old or
• Less than 13 years old and actor is 18 years old or more.
Key elements to Rape
• Sexual Intercourse.
• Ages: 21 or more < 17.
        18 or more < 15.
        Less than 11.
        Less than 13 > 18.
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General Notes:
 "Crime" means a misdemeanor or a felony.
 "Misdemeanor" means an offense, other than a "traffic infraction,"
for which a sentence to a term of imprisonment in excess of fifteen days
may  be  imposed,  but for which a sentence to a term of imprisonment in
excess of one year cannot be imposed.
 "Felony" means an offense for  which a sentence to a term of
imprisonment in excess of one year may be imposed.
 "Physical injury" means impairment of physical condition or
substantial pain.
 "Serious physical injury" means physical injury which creates a
substantial risk of death, or which causes death or serious and
protracted disfigurement, protracted impairment of health or protracted
loss or impairment of the function of any bodily organ.
 "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.
 "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.
 "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.
 "School grounds" means (a) in or on or within any building,
structure, athletic playing field, playground or land contained within
the real property boundary line of a public or private elementary,
parochial, intermediate, junior high, vocational, or high school, or (b)
any area accessible to the public located within one thousand feet of
the real property boundary line comprising any such school or any parked
automobile or other parked vehicle located within one thousand feet of
the real property boundary line comprising any such school. For the
purposes of this section an "area accessible to the public" shall mean
sidewalks, streets, parking lots, parks, playgrounds, stores and
restaurants.
Robbery is forcible stealing. A person forcibly steals property and
commits robbery when, in the course of committing a larceny, he uses or
threatens the immediate use of physical force upon another person for
the purpose of:
 1. Preventing or overcoming resistance to the taking of the property
or to the retention thereof immediately after the taking; or
 2. Compelling the owner of such property or another person to deliver
up the property or to engage in other conduct which aids in the
commission of the larceny.
 "Deadly weapon" means any loaded weapon from which a shot, readily
capable of producing death or other  serious  physical  injury,  may  be
discharged,  or  a  switchblade  knife,  gravity  knife, pilum ballistic
knife, metal knuckle knife, dagger, billy, blackjack, plastic  knuckles,
or metal knuckles.
 "Dangerous instrument" means any instrument, article or substance,
including  a  "vehicle"  as that term is defined in this section, which,
under the circumstances in which it is used, attempted  to  be  used  or
threatened  to  be  used,  is  readily capable of causing death or other
serious physical injury.
 "Firearm" means (a) any pistol or revolver; or (b) a shotgun having
one or more barrels less than eighteen inches in length; or (c) a  rifle
having  one  or  more barrels less than sixteen inches in length; or (d)
any  weapon  made  from  a  shotgun  or  rifle  whether  by  alteration,
modification,  or  otherwise  if  such  weapon  as altered, modified, or
otherwise has an overall length of less than twenty-six inches;  or  (e)
an assault weapon. For the purpose of this subdivision the length of the
barrel  on  a  shotgun  or  rifle  shall  be determined by measuring the
distance between the muzzle  and  the  face  of  the  bolt,  breech,  or
breechlock  when  closed  and  when  the shotgun or rifle is cocked; the
overall length of a weapon made from a shotgun or rifle is the  distance
between the extreme ends of the weapon measured along a line parallel to
the  center  line  of  the  bore.  Firearm  does  not include an antique
firearm.
 "Vehicle" means a "motor vehicle", "trailer" or "semi-trailer," as
defined in the vehicle and traffic law, any snowmobile as defined in the
parks and recreation law, any  aircraft,  or  any  vessel  equipped  for
propulsion by mechanical means or by sail.
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