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Aim : What is the NYS Penal Law?. NYS Penal Law. Article 1.05: The general purposes of the provisions of this article are : To describe criminal conduct To give fair warning of the potential criminal conduct To define the criminal conduct and the accompanying mental states

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nys penal law
NYS Penal Law

Article 1.05: The general purposes of the provisions of this article are:

  • To describe criminal conduct
  • To give fair warning of the potential criminal conduct
  • To define the criminal conduct and the accompanying mental states
  • To differentiate between serious and minor offenses
  • To provide for an appropriate public response to particular offenses
article 5 general rules
Article 5 General Rules
  • Article 5.00: Penal Law Not Strictly Construed.
    • The general rule that the Penal Statute is NOT to be strictly construed (enforced). The provisions herein must be fair to promote justice.
article 10 definitions
Article 10 Definitions

Article 10.00: Definitions of terms of general use in this chapter.

  • Offensemeans conduct for which a sentence to a term of imprisonment or to a fine is provided by any law.
  • Traffic infractionmeans any offense defined as traffic infraction of the vehicle and traffic law.
  • Violationmeans an offense, other than a traffic infraction, for which a sentence to a term of imprisonment in excess of fifteen days cannot be imposed.
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Misdemeanormeans an offense, other than a traffic infraction, for which a sentence of 15 days to one year may be imposed.

  • Felonymeans an offense for which a sentence to a term of imprisonment in excess of one year may be imposed.
  • Crimemeans a misdemeanor or a felony.
  • Personmeans a human being, and where appropriate, a public or private corporation, an unincorporated association, a partnership, a government or a governmental instrumentality.
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Possessmeans to have physical possession or otherwise to exercise control over tangible property.

  • Deadly Physical Forcemeans physical force which is readily capable of causing death or other serious physical injury.
  • Vehiclemeans a motor vehicle, trailer, semi-trailer, any snowmobile, any aircraft, or any vessel equipped for propulsion by mechanical means or by sail.
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"Juvenile offender" means

(1) a person thirteen years old who is criminally responsible for acts constituting murder in the second degree and;

(2) a person fourteen or fifteen years old who is criminally responsible for acts constituting the crimes of:

      • Murder in the 2nd degree
      • Kidnapping in the 1st degree
      • Arson in the 1st degree
      • Assault in the 1st degree
      • Manslaughter
      • Rape in the 1st degree
      • Sodomy in the 1st degree
      • Aggravated sexual abuse
      • Burglary in the 1st and 2nd degree
      • Arson in the 2nd degree
      • Robbery in the 1st and 2nd degree
      • When a Firearm is possessed on school grounds with an attempt to Commit Murder in the 1st degree or Kidnapping in the 1st degree
article 15 05 culpable mental states
Article 15.05 Culpable Mental States
  • There are 4 Culpable Mental States
  • Intentionally: A person acts intentionally with respect to conduct when his/her conscious objective is to Cause Such Result or to Engage in Such Conduct.
    • Example: ________ wants to give ________ a black eye so he punches him in the face.
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Knowingly: A person acts knowingly with when he/she is Aware that his/her Conduct is of Such Nature or that Such Circumstance Exists.

    • Example: _________ seeing a sign that states; “Keep Off- No Trespassing, walks onto the property of __________.
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Recklessly: A person acts recklessly with respect when he/she is Aware of and Consciously Disregards a Substantial and Unjustifiable Risk that Such Result Will Occur or that Such Circumstance Exists.

    • Example: Two 25 year old males are throwing rocks off an overpass trying to come as close as possible to the passing cars without hitting them.
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Criminal Negligence: A person acts with criminal negligence when he/she Fails to Perceive a Substantial and Unjustifiable Risk that Such Result will Occur or that Such Circumstance Exists.

    • Example: A roofer upon finishing his work for the day leaves a pail of tar on the roof of the house, the pail falls off the roof and causes a physical injury.
difference between physical injury and serious physical injury
Difference Between Physical Injury and Serious Physical Injury
  • Physical Injury (P.I.): The impairment of a physical condition or causing substantial pain.
  • Serious Physical Injury (S.P.I.): Physical injury which causes substantial risk of death or which in fact causes death or serious and protracted disfigurement, protracted impairment to health, or protracted loss or impairment of any bodily organ.
9 deadly weapons
9 Deadly Weapons
  • Any loaded weapon from which a shot is readily capable of causing death or other serious injury maybe fired.
  • Switchblade knife
  • Gravity Knife
  • Billy Club
  • Blackjack
  • Metal Knuckles
  • Dagger
  • Pilum Ballistic Knife
  • Metal Knuckle Knife

Dangerous Instrument:

Any instrument or substance

which can be used to cause

serious physical injury or

physical injury.

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Switchblade Knife

Gravity Knife

Billy Club

Blackjack

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Metal Knuckles

Dagger

Pilum Ballistic Knife

Metal Knuckle Knife