Criminal Law Web

 

NEW YORK PENAL LAW
CHAPTER 40 OF THE CONSOLIDATED LAWS
PART THREE--SPECIFIC OFFENSES
TITLE H--OFFENSES AGAINST THE PERSON INVOLVING PHYSICAL INJURY,
SEXUAL CONDUCT, RESTRAINT AND INTIMIDATION
ARTICLE 120--ASSAULT AND RELATED OFFENSES

Section 120.00 Assault in the third degree

 A person is guilty of assault in the third degree when:

  1. With intent to cause physical injury to another person, he causes such injury to such person or to a third person;  or

  2. He recklessly causes physical injury to another person;  or

  3. With criminal negligence, he causes physical injury to another person by means of a deadly weapon or a dangerous instrument.

 Assault in the third degree is a class A misdemeanor.
 

Section 120.01 Reckless assault of a child by a child day care provider

 A person is guilty of reckless assault of a child when, being a child day care provider or an employee thereof, he or she recklessly causes serious physical injury to a child under the care of such provider or employee who is less than eleven years of age.

 Reckless assault of a child by a child day care provider is a class E felony.

Section 120.03 Vehicular assault in the second degree

A person is guilty of vehicular assault in the second degree when he or she causes serious physical injury to another person, and either:

(1) operates a motor vehicle in violation of subdivision two, three or four of section
section eleven hundred ninety-two of the vehicle and traffic law or operates a vessel or public vessel in violation of paragraph (b), (c), (d) or (e) of subdivision two of section forty-nine-a of the navigation law, and as a result of such intoxication or impairment by the use of a drug, operates such motor vehicle, vessel or public vessel in a manner that causes such serious physical injury to such other person, or

(2) operates a motor vehicle with a gross vehicle weight rating of more than eighteen thousand pounds which contains flammable gas, radioactive materials or explosives in violation of subdivision one of section
section eleven hundred ninety-two of the vehicle and traffic law, and such flammable gas, radioactive materials or explosives is the cause of such serious physical injury, and as a result of such intoxication or impairment by the use of a drug, operates such motor vehicle in a manner that causes such serious physical injury to such other person, or

(3)operates a snowmobile in violation of paragraph (b), (c) or (d) of subdivision one of
section 25.24 of the parks, recreation and historic preservation law or operates an all terrain vehicle as defined in paragraph (a) of subdivision one of section section twenty-two hundred eighty-one of the vehicle and traffic law and in violation of subdivision two, three, or four of section eleven hundred ninety-two of the vehicle and traffic laws, and as a result of such intoxication or impairment by the use of a drug, operates such snowmobile or all terrain vehicle in a manner that causes such serious physical injury to such other person.

If it is established that the person operating such motor vehicle, vessel, public vessel, snowmobile or all terrain vehicle caused such serious physical injury while unlawfully intoxicated or impaired by the use of a drug, then there shall be a rebuttable presumption that, as a result of such intoxication or impairment by the use of a drug, such person operated the motor vehicle, vessel, public vessel, snowmobile or all terrain vehicle in a manner that caused such serious physical injury, as required by this section.

 

Section 120.04 Vehicular assault in the first degree

A person is guilty of vehicular assault in the first degree when he or she:

(1) commits the crime of vehicular assault in the second degree as defined in section 120.03, and

(2) commits such crime while
knowing or having reason to know that: (a) his or her license or his or her privilege of operating a motor vehicle in another state or his or her privilege of obtaining a license to operate a motor vehicle in another state is suspended or revoked and such suspension or revocation is based upon a conviction in such other state for an offense which would, if committed in this state, constitute a violation of any of the provisions of section eleven hundred ninety-two of the vehicle and traffic law; or (b) his or her license or his or her privilege of operating a motor vehicle in the state or his or her privilege of obtaining a license issued by the commissioner of motor vehicles is suspended or revoked and such suspension or revocation is based upon either a refusal to submit to a chemical test pursuant to section eleven hundred ninety-four of the vehicle and traffic law or following a conviction for a violation of any of the provisions of section eleven hundred ninety-two of the vehicle and traffic laws.

If it is established that the person operating such motor vehicle caused such serious physical injury while unlawfully intoxicated or impaired by the use of a drug, then there shall be a rebuttable presumption that, as a result of such intoxication or impairment by the use of a drug, such person operated the motor vehicle in a manner that caused such serious physical injury, as required by this section.

Vehicular assault in the first degree is a class D felony.

 

Section 120.05 Assault in the second degree

 A person is guilty of assault in the second degree when:

  1. With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person;  or

  2. With intent to cause physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument;  or

  3. With intent to prevent a peace officer, police officer, a fireman, including a fireman acting as a paramedic or emergency medical technician administering first aid in the course of performance of duty as such fireman, or an emergency medical service paramedic or emergency medical service technician or medical or related personnel in a hospital emergency department, from
performing a lawful duty, by means including releasing or failing to control an animal under circumstances evincing the actors intent that the animal obstruct the lawful activity of such peace office, police officer, fireman, paramedic or technician, he causes physical injury to such peace officer, police officer, fireman, paramedic technician or medical or related personnel in a hospital emergency department; or

  4. He recklessly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument;  or

  5. For a purpose other than lawful medical or therapeutic treatment, he intentionally causes stupor, unconsciousness or other physical impairment or injury to another person by administering to him, without his consent, a drug, substance or preparation capable of producing the same;  or

  6. In the course of and in furtherance of the commission or attempted commission of a felony, other than a felony defined in article one hundred thirty which requires corroboration for conviction, or of immediate flight therefrom, he, or another participant if there be any, causes physical injury to a person other than one of the participants;  or

  7. Having been charged with or convicted of a crime and while confined in a correctional facility, as defined in subdivision three of section forty of the correction law, pursuant to such charge or conviction, with intent to cause physical injury to another person, he causes such injury to such person or to a third person;  or

  8. Being eighteen years old or more and with intent to cause physical injury to a person less than eleven years old, the defendant recklessly causes serious physical injury to such person;  or

  9. Being eighteen years old or more and with intent to cause physical injury to a person less than seven years old, the defendant causes such injury to such person; or

10. Acting at a place the person knows, or reasonably should know, is on school grounds and with intent to cause physical injury, he or she:

(a) causes such injury to an employee of a school or public school district; or

(b) not being a student of such school or public school district, causes physical injury to another, and such other person is a student of such school who is attending or present for educational purposes. For purposes of this subdivision the term "school grounds" shall have the meaning set forth in subdivision fourteen of section 220.00 of this chapter.

11. With intent to cause physical injury to a train operator, ticket inspector, conductor, bus operator, or station agent employed by any transit agency, authority or company, public or private, whose operation is authorized by New York state or any of its political subdivisions, he or she causes physical injury to such train operator, ticket inspector, conductor, bus operator, or station agent while such employee is performing an assigned duty on, or directly related to, the operation of a train or bus.

 Assault in the second degree is a class D felony.
 

Section 120.06 Gang assault in the second degree

 A person is guilty of gang assault in the second degree when, with intent to cause physical injury to another person and when aided by two or more other persons actually present, he causes serious physical injury to such person or to a third person.

 Gang assault in the second degree is a class C felony.
 

Section 120.07 Gang assault in the first degree

 A person is guilty of gang assault in the first degree when, with intent to cause serious physical injury to another person and when aided by two or more other persons actually present, he causes serious physical injury to such person or to a third person.

 Gang assault in the first degree is a class B felony.
 

Section 120.08 Assault on a peace officer, police officer, fireman or emergency medical services professional

 A person is guilty of assault on a peace officer, police officer, fireman or emergency medical services professional when, with intent to prevent a peace officer, police officer, a fireman, including a fireman acting as a paramedic or emergency medical technician administering first aid in the course of performance of duty as such fireman, or an emergency medical service paramedic or emergency medical service technician, from performing a lawful duty, he causes serious physical injury to such peace officer, police officer, fireman, paramedic or technician.

 Assault on a peace officer, police officer, fireman or emergency medical services professional is a class C felony.
 

Section 120.10 Assault in the first degree

 A person is guilty of assault in the first degree when:

  1. With intent to cause serious physical injury to another person, he causes such injury to such person or to a third person by means of a deadly weapon or a dangerous instrument;  or

  2. With intent to disfigure another person seriously and permanently, or to destroy, amputate or disable permanently a member or organ of his body, he causes such injury to such person or to a third person;  or

  3. Under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes serious physical injury to another person;  or

  4. In the course of and in furtherance of the commission or attempted commission of a felony or of immediate flight therefrom, he, or another participant if there be any, causes serious physical injury to a person other than one of the participants.

 Assault in the first degree is a class B felony.
 

Section 120.11 Aggravated assault upon a police officer or a peace officer

 A person is guilty of aggravated assault upon a police officer or a peace officer when, with intent to cause serious physical injury to a person whom he knows or reasonably should know to be a police officer or a peace officer engaged in the course of performing his official duties, he causes such injury by means of a deadly weapon or dangerous instrument.

 Aggravated assault upon a police officer or a peace officer is a class B felony.
 

Section 120.12 Aggravated assault upon a person less than eleven years old

 A person is guilty of aggravated assault upon a person less than eleven years old when being eighteen years old or more the defendant commits the crime of assault in the third degree as defined in section 120.00 of this article upon a person less than eleven years old and has been previously convicted of such crime upon a person less than eleven years old within the preceding three years.

 Aggravated assault upon a person less than eleven years old is a class E felony.
 

Section 120.13 Menacing in the first degree

A person is guilty of menacing in the first degree when he or she commits the crime of menacing in the second degree and has been previously convicted of the crime of menacing in the second degree or the crime of menacing a police officer or peace officer within the preceding ten years.

Menacing in the first degree is a class E felony.

 

Section 120.14 Menacing in the second degree

 A person is guilty of menacing in the second degree when:

 1. He or she intentionally places or attempts to place another person in reasonable fear of physical injury, serious physical injury or death by displaying a deadly weapon, dangerous instrument or what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm;  or

 2. He or she repeatedly follows a person or engages in a course of conduct or repeatedly commits acts over a period of time intentionally placing or attempting to place another person in reasonable fear of physical injury, serious physical injury or death;  or

 3. He or she commits the crime of menacing in the third degree in violation of that part of a duly served order of protection, or such order which the defendant has actual knowledge of because he or she was present in court when such order was issued, pursuant to article eight of the family court act or section 530.12 of the criminal procedure law, or an order of protection issued by a court of competent jurisdiction in another state, territorial or tribal jurisdiction, which directed the respondent or defendant to stay away from the person or persons on whose behalf the order was issued.

 Menacing in the second degree is a class A misdemeanor.
 

Section 120.15 Menacing in the third degree

 A person is guilty of menacing in the third degree when, by physical menace, he or she intentionally places or attempts to place another person in fear of death, imminent serious physical injury or physical injury.

 Menacing in the third degree is a class B misdemeanor.
 

Section 120.16 Hazing in the first degree

 A person is guilty of hazing in the first degree when, in the course of another person's initiation into or affiliation with any organization, he intentionally or recklessly engages in conduct which creates a substantial risk of physical injury to such other person or a third person and thereby causes such injury.

 Hazing in the first degree is a class A misdemeanor.
 

Section 120.17 Hazing in the second degree

 A person is guilty of hazing in the second degree when, in the course of another person's initiation or affiliation with any organization, he intentionally or recklessly engages in conduct which creates a substantial risk of physical injury to such other person or a third person.

 Hazing in the second degree is a violation.

Section 120.18 Menacing a police officer or peace officer

A person is guilty of menacing a police officer or peace officer when he or she intentionally places or attempts to place a police officer or peace officer in reasonable fear of physical injury, serious physical injury or death by displaying a deadly weapon, knife, pistol, revolver, rifle, shotgun, machine gun or other firearm, whether operable or not, where such officer was in the course of performing his or her official duties and the defendant knew or reasonably should have known that such victim was a police officer or peace officer.


Menacing a police officer or peace officer is a class D felony.
 

Section 120.20 Reckless endangerment in the second degree

 A person is guilty of reckless endangerment in the second degree when he recklessly engages in conduct which creates a substantial risk of serious physical injury to another person.

 Reckless endangerment in the second degree is a class A misdemeanor.
 

Section 120.25 Reckless endangerment in the first degree

 A person is guilty of reckless endangerment in the first degree when, under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person.

 Reckless endangerment in the first degree is a class D felony.
 

Section 120.30 Promoting a suicide attempt

 A person is guilty of promoting a suicide attempt when he intentionally causes or aids another person to attempt suicide.

 Promoting a suicide attempt is a class E felony.
 

Section 120.35 Promoting a suicide attempt;  when punishable as attempt to commit murder

 A person who engages in conduct constituting both the offense of promoting a suicide attempt and the offense of attempt to commit murder may not be convicted of attempt to commit murder unless he causes or aids the suicide attempt by the use of duress or deception.
 

Section 120.40 Definitions

 For purposes of sections 120.45, 120.50, 120.55 and 120.60 of this article:

 1. "Kidnapping" shall mean a kidnapping crime defined in article one hundred thirty-five of this chapter.

 2. "Unlawful imprisonment" shall mean an unlawful imprisonment felony crime defined in article one hundred thirty-five of this chapter.

 3. "Sex offense" shall mean a felony defined in article one hundred thirty of this chapter, sexual misconduct, as defined in section 130.20 of this chapter, sexual abuse in the third degree as defined in section 130.55 of this chapter or sexual abuse in the second degree as defined in section 130.60 of this chapter.

 4. "Immediate family" means the spouse, former spouse, parent, child, sibling, or any other person who regularly resides or has regularly resided in the household of a person.

 5. "Specified predicate crime" means:

  a. a violent felony offense;

  b. a crime defined in section 130.20, 130.25, 130.30, 130.40, 130.45, 130.55, 130.60, 130.70 or 255.25;

  c. assault in the third degree, as defined in section 120.00; menacing in the first degree, as defined in section 120.13; menacing in the second degree, as defined in section 120.14; coercion in the first degree, as defined in section 135.65; coercion in the second degree, as defined in section 135.60; aggravated harassment in the second degree, as defined in section 240.30; harassment in the first degree, as defined in section 240.25; menacing in the third degree, as defined in section 120.15; criminal mischief in the third degree, as defined in section 145.05; criminal mischief in the second degree, as defined in section 145.10, criminal mischief in the first degree, as defined in section 145.12; criminal tampering in the first degree, as defined in section 145.20; arson in the fourth degree, as defined in section 150.05; arson in the third degree, as defined in section 150.10; criminal contempt in the first degree, as defined in section 215.51; endangering the welfare of a child, as defined in section 260.10; or

  d. stalking in the fourth degree, as defined in section 120.45; stalking in the third degree, as defined in section 120.50; stalking in the second degree, as defined in section 120.55; or

  e. an offense in any other jurisdiction which includes all of the essential elements of any such crime for which a sentence to a term of imprisonment in excess of one year or a sentence of death was authorized and is authorized in this state irrespective of whether such sentence was imposed.
 

Section 120.45 Stalking in the fourth degree

  A person is guilty of stalking in the fourth degree when he or she intentionally, and for no legitimate purpose, engages in a course of conduct directed at a specific person, and knows or reasonably should know that such conduct:

1. is likely to cause reasonable fear of material harm to the physical health, safety or property of such person, a member of such person's immediate family or a third party with whom such person is acquainted; or

2. causes material harm to the mental or emotional health of such person, where such conduct consists of following, telephoning or initiating communication or contact with such person, a member of such person's immediate family or a third party with whom such person is acquainted, and the actor was previously clearly informed to cease that conduct; or

3. is likely to cause such person to reasonably fear that his or her employment, business or career is threatened, where such conduct consists of appearing, telephoning or initiating communication or contact at such person's place of employment or business, and the actor was previously clearly informed to cease that conduct.

 Stalking in the fourth degree is a class B misdemeanor.
 

Section 120.50 Stalking in the third degree

  A person is guilty of stalking in the third degree when he or she:

1. Commits the crime of stalking in the fourth degree in violation of section 120.45 of this article against three or more persons, in three or more separate transactions, for which the actor has not been previously convicted; or

2. Commits the crime of stalking in the fourth degree in violation of section 120.45 of this article against any person, and has previously been convicted, within the preceding ten years of a specified predicate crime, as defined in subdivision five of section 120.40 of this article, and the victim of such specified predicate crime is the victim, or an immediate family member of the victim, of the present offense; or

3. With intent to harass, annoy or alarm a specific person, intentionally engages in a course of conduct directed at such person which is likely to cause such person to reasonably fear physical injury or serious physical injury, the commission of a sex offense against, or the kidnapping, unlawful imprisonment or death of such person or a member of such person's immediate family; or

4. Commits the crime of stalking in the fourth degree and has previously been convicted within the preceding ten years of stalking in the fourth degree.

 Stalking in the third degree is a class A misdemeanor.
 

Section 120.55 Stalking in the second degree

  A person is guilty of stalking in the second degree when he or she:

1. Commits the crime of stalking in the third degree as defined in subdivision three of section 120.50 of this article and in the course of and in furtherance of the commission of such offense: (i) displays, or possesses and threatens the use of, a firearm, pistol, revolver, rifle, shotgun, machine gun, electronic dart gun, electronic stun gun, cane sword, billy, blackjack, bludgeon, metal knuckles, chuka stick, sand bag, sandclub, slingshot, slung shot, shirker, "Kung Fu Star", dagger, dangerous knife, dirk, razor, stiletto, imitation pistol, dangerous instrument, deadly instrument or deadly weapon; or (ii) displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or

2. Commits the crime of stalking in the third degree in violation of subdivision three of section 120.50 of this article against any person, and has previously been convicted, within the preceding five years, of a specified predicate crime as defined in subdivision five of section 120.40 of this article, and the victim of such specified predicate crime is the victim, or an immediate family member of the victim, of the present offense; or

3. Commits the crime of stalking in the fourth degree and has previously been convicted of stalking in the third degree as defined in subdivision four of section 120.50 of this article against any person; or

4. Being twenty-one years of age or older, repeatedly follows a person under the age of fourteen or engages in a course of conduct or repeatedly commits acts over a period of time intentionally placing or attempting to place such person who is under the age of fourteen in reasonable fear of physical injury, serious physical injury or death; or

5. Commits the crime of stalking in the third degree, as defined in subdivision three of section 120.50 of this article, against ten or more persons, in ten or more separate transactions, for which the actor has not been previously convicted.

Stalking in the second degree is a class E felony.
 

Section 120.60 Stalking in the first degree

  A person is guilty of stalking in the first degree when he or she commits the crime of stalking in the third degree as defined in subdivision three of section 120.50 or stalking in the second degree as defined in section 120.55 of this article and, in the course and furtherance thereof, he or she:

1. intentionally or recklessly causes physical injury to the victim of such crime; or

2. commits a class A misdemeanor defined in article one hundred thirty of this chapter, or a class E felony defined in section 130.25, 130.40 or 130.85 of this chapter, or a class D felony defined in section 130.30 or 130.45 of this chapter.

 Stalking in the first degree is a class D felony.


ARTICLE 125--HOMICIDE, ABORTION AND RELATED OFFENSES

Section 125.00 Homicide defined

 Homicide means conduct which causes the death of a person or an unborn child with which a female has been pregnant for more than twenty-four weeks under circumstances constituting murder, manslaughter in the first degree, manslaughter in the second degree, criminally negligent homicide, abortion in the first degree or self-abortion in the first degree.
 

Section 125.05 Homicide, abortion and related offenses;  definitions of terms

 The following definitions are applicable to this article:

 1. "Person," when referring to the victim of a homicide, means a human being who has been born and is alive.

 2. "Abortional act" means an act committed upon or with respect to a female, whether by another person or by the female herself, whether she is pregnant or not, whether directly upon her body or by the administering, taking or prescription of drugs or in any other manner, with intent to cause a miscarriage of such female.

 3. "Justifiable abortional act."  An abortional act is justifiable when committed upon a female with her consent by a duly licensed physician acting (a) under a reasonable belief that such is necessary to preserve her life, or, (b) within twenty-four weeks from the commencement of her pregnancy.  A pregnant female's commission of an abortional act upon herself is justifiable when she acts upon the advice of a duly licensed physician (1) that such act is necessary to preserve her life, or, (2) within twenty-four weeks from the commencement of her pregnancy.  The submission by a female to an abortional act is justifiable when she believes that it is being committed by a duly licensed physician, acting under a reasonable belief that such act is necessary to preserve her life, or, within twenty-four weeks from the commencement of her pregnancy.
 

Section 125.10 Criminally negligent homicide

 A person is guilty of criminally negligent homicide when, with criminal negligence, he causes the death of another person.

 Criminally negligent homicide is a class E felony.
 

Section 125.11 Aggravated criminally negligent homicide

A person is guilty of aggravated criminally negligent homicide when, with criminal negligence, he or she causes the death of a police officer or peace officer where such officer was in the course of performing his or her official duties and the defendant knew or reasonably should have known that such victim was a police officer or peace officer.

Aggravated criminally negligent homicide is a class C felony.
 

Section 125.12 Vehicular manslaughter in the second degree

A person is guilty of vehicular manslaughter in the second degree when he or she causes the death of another person, and either:

(1) operates a motor vehicle in violation of subdivision two, three or four of
section eleven hundred ninety-two of the vehicle and traffic law or operates a vessel or public vessel in violation of paragraph (b), (c), (d) or (e) of subdivision two of section forty-nine-a of the navigation law, and as a result of such intoxication or impairment by the use of a drug, operates such motor vehicle, vessel or public vessel in a manner that causes the death of such other person, or

(2) operates a motor vehicle with a gross vehicle weight rating of more than eighteen thousand pounds which contains flammable gas, radioactive materials or explosives in violation of subdivision one of
section eleven hundred ninety-two of the vehicle and traffic law, and such flammable gas, radioactive materials or explosives is the cause of such death, and as a result of such intoxication or impairment by the use of a drug, operates such motor vehicle in a manner that causes the death of such other person, or

(3) operates a snowmobile in violation of paragraph (b), (c) or (d) of subdivision one of
section 25.24 of the parks, recreation and historic preservation lawor operates an all terrain vehicle as defined in paragraph (a) of subdivision one of section twenty-two hundred eighty-one of the vehicle and traffic law in violation of subdivision two, three, or four of eleven hundred ninety-two of the vehicle and traffic laws, and as a result of such intoxication or impairment by the use of a drug, operates such snowmobile or all terrain vehicle in a manner that causes the death of such other person.

If it is established that the person operating such motor vehicle, vessel, public vessel, snowmobile or all terrain vehicle caused such death while unlawfully intoxicated or impaired by the use of a drug, then there shall be a rebuttable presumption that, as a result of such intoxication or impairment by the use of a drug, such person operated the motor vehicle, vessel, public vessel, snowmobile or all terrain vehicle in a manner that caused such death, as required by this section.

Vehicular manslaughter in the second degree is a class D felony.

 

Section 125.13 Vehicular manslaughter in the first degree

 A person is guilty of vehicular manslaughter in the first degree when he or she:

(1) commits the crime of vehicular manslaughter in the second degree as defined in section 125.12, and

(2) commits such crime while
knowing or having reason to know that: (a) his or her license or his or her privilege of operating a motor vehicle in another state or his or her privilege of obtaining a license to operate a motor vehicle in another state is suspended or revoked and such suspension or revocation is based upon a conviction in such other state for an offense which would, if committed in this state, constitute a violation of any of the provisions of section eleven hundred ninety-two of the vehicle and traffic law>; or (b) his or her license or his or her privilege of operating a motor vehicle in the state or his or her privilege of obtaining a license issued by the commissioner of motor vehicles is suspended or revoked and such suspension or revocation is based upon either a refusal to submit to a chemical test pursuant to section eleven hundred ninety-four of the vehicle and traffic law or following a conviction for a violation of any of the provisions of section eleven hundred ninety-two of the vehicle and traffic law.

If it is established that the person operating such motor vehicle caused such death while unlawfully intoxicated or impaired by the use of a drug, then there shall be a rebuttable presumption that, as a result of such intoxication or impairment by the use of a drug, such person operated the motor vehicle in a manner that caused such death, as required by this section.

Vehicular manslaughter in the first degree is a class C felony.

 

Section 125.15 Manslaughter in the second degree

 A person is guilty of manslaughter in the second degree when:

  1. He recklessly causes the death of another person;  or

  2. He commits upon a female an abortional act which causes her death, unless such abortional act is justifiable pursuant to subdivision three of section 125.05;  or

  3. He intentionally causes or aids another person to commit suicide.

 Manslaughter in the second degree is a class C felony.
 

Section 125.20 Manslaughter in the first degree

 A person is guilty of manslaughter in the first degree when:

 1. With intent to cause serious physical injury to another person, he causes the death of such person or of a third person;  or

 2. With intent to cause the death of another person, he causes the death of such person or of a third person under circumstances which do not constitute murder because he acts under the influence of extreme emotional disturbance, as defined in paragraph (a) of subdivision one of section 125.25.  The fact  that homicide was committed under the influence of extreme emotional disturbance constitutes a mitigating circumstance reducing murder to manslaughter in the first degree and need not be proved in any prosecution initiated under this subdivision;  or

 3. He commits upon a female pregnant for more than twenty-four weeks an abortional act which causes her death, unless such abortional act is justifiable pursuant to subdivision three of section 125.05;  or

 4. Being eighteen years old or more and with intent to cause physical injury to a person less than eleven years old, the defendant recklessly engages in conduct which creates a grave risk of serious physical injury to such person and thereby causes the death of such person.

 Manslaughter in the first degree is a class B felony.
 

Section 125.21 Aggravated manslaughter in the second degree

A person is guilty of aggravated manslaughter in the second degree when he or she recklessly causes the death of a police officer or peace officer where such officer was in the course of performing his or her official duties and the defendant knew or reasonably should have known that such victim was a police officer or peace officer.

Aggravated manslaughter in the second degree is a class C felony.

Section 125.22 Aggravated manslaughter in the first degree


A person is guilty of aggravated manslaughter in the first degree when:

1. with intent to cause serious physical injury to a police officer or peace officer, where such officer was in the course of performing his or her official duties and the defendant knew or reasonably should have known that such victim was a police officer or a peace officer, he or she causes the death of such officer or another police officer or peace officer; or

2. with intent to cause the death of a police officer or peace officer, where such officer was in the course of performing his or her official duties and the defendant knew or reasonably should have known that such victim was a police officer or peace officer, he or she causes the death of such officer or another police officer or peace officer under circumstances which do not constitute murder because he or she acts under the influence of extreme emotional disturbance, as defined in paragraph (a) of subdivision one of section 125.25. The fact that homicide was committed under the influence of extreme emotional disturbance constitutes a mitigating circumstance reducing murder to aggravated manslaughter in the first degree or manslaughter in the first degree and need not be proved in any prosecution initiated under this subdivision.

Aggravated manslaughter in the first degree is a class B felony.

Section 125.25 Murder in the second degree

 A person is guilty of murder in the second degree when:

 1. With intent to cause the death of another person, he causes the death of such person or of a third person;  except that in any prosecution under this subdivision, it is an affirmative defense that:

  (a) The defendant acted under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse, the reasonableness of which is to be determined from the viewpoint of a person in the defendant's situation under the circumstances as the defendant believed them to be.  Nothing contained in this paragraph shall constitute a defense to a prosecution for, or preclude a conviction of, manslaughter in the first degree or any other crime;  or

  (b) The defendant's conduct consisted of causing or aiding, without the use of duress or deception, another person to commit suicide.  Nothing contained in this paragraph shall constitute a defense to a prosecution for, or preclude a conviction of, manslaughter in the second degree or any other crime;  or

 2. Under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes the death of another person;  or

 3. Acting either alone or with one or more other persons, he commits or attempts to commit robbery, burglary, kidnapping, arson, rape in the first degree, criminal sexual act in the first degree, sexual abuse in the first degree, aggravated sexual abuse, escape in the first degree, or escape in the second degree, and, in the course of and in furtherance of such crime or of immediate flight therefrom, he, or another participant, if there be any, causes the death of a person other than one of the participants;  except that in any prosecution under this subdivision, in which the defendant was not the only participant in the underlying crime, it is an affirmative defense that the defendant:

  (a) Did not commit the homicidal act or in any way solicit, request, command, importune, cause or aid the commission thereof;  and

  (b) Was not armed with a deadly weapon, or any instrument, article or substance readily capable of causing death or serious physical injury and of a sort not ordinarily carried in public places by law-abiding persons;  and

  (c) Had no reasonable ground to believe that any other participant was armed with such a weapon, instrument, article or substance;  and

  (d) Had no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury;  or

 4. Under circumstances evincing a depraved indifference to human life, and being eighteen years old or more the defendant recklessly engages in conduct which creates a grave risk of serious physical injury or death to another person less than eleven years old and thereby causes the death of such person; or

5. Being eighteen years old or more, while in the course of committing rape in the first, second or third degree, criminal sexual act in the first, second or third degree, sexual abuse in the first degree, aggravated sexual abuse in the first, second, third or fourth degree, or incest as defined in section 255.25 of this chapter, against a person less than fourteen years old, he or she intentionally causes the death of such person.
 

 Murder in the second degree is a class A-I felony.
 

Section 125.26 Aggravated murder

A person is guilty of aggravated murder when:

1. With intent to cause the death of another person, he or she causes the death of such person, or of a third person who was a person described in subparagraph (i), (ii) or (iii) of paragraph (a) of this subdivision engaged at the time of the killing in the course of performing his or her official duties; and

(a) Either:

(i) the intended victim was a police officer as defined in subdivision thirty-four of section 1.20 of the criminal procedure law who was at the time of the killing engaged in the course of performing his or her official duties, and the defendant knew or reasonably should have known that the victim was a police officer; or

(ii) the intended victim was a peace officer as defined in paragraph a of subdivision twenty-one, subdivision twenty-three, twenty-four or sixty-two (employees of the division for youth) of section 2.10 of the criminal procedure law who was at the time of the killing engaged in the course of performing his or her official duties, and the defendant knew or reasonably should have known that the victim was such a uniformed court officer, parole officer, probation officer, or employee of the division for youth; or

(iii) the intended victim was an employee of a state correctional institution or was an employee of a local correctional facility as defined in subdivision two of section forty of the correction law, who was at the time of the killing engaged in the course of performing his or her official duties, and the defendant knew or reasonably should have known that the victim was an employee of a state correctional institution or a local correctional facility; and

(b) The defendant was more than eighteen years old at the time of the commission of the crime.

2. In any prosecution under subdivision one of this section, it is an affirmative defense that:

(a) The defendant acted under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse, the reasonableness of which is to be determined from the viewpoint of a person in the defendant's situation under the circumstances as the defendant believed them to be. Nothing contained in this paragraph shall constitute a defense to a prosecution for, or preclude a conviction of, aggravated manslaughter in the first degree, manslaughter in the first degree or any other crime except murder in the second degree; or

(b) The defendant's conduct consisted of causing or aiding, without the use of duress or deception, another person to commit suicide. Nothing contained in this paragraph shall constitute a defense to a prosecution for, or preclude a conviction of, aggravated manslaughter in the second degree, manslaughter in the second degree or any other crime except murder in the second degree.

Aggravated murder is a class A-I felony.
 

Section 125.27 Murder in the first degree

 A person is guilty of murder in the first degree when:

 1. With intent to cause the death of another person, he causes the death of such person or of a third person;  and

  (a) Either:

   (i) the intended victim was a police officer as defined in subdivision 34 of section 1.20 of the criminal procedure law who was at the time of the killing engaged in the course of performing his official duties, and the defendant knew or reasonably should have known that the intended victim was a police officer;  or

   (ii) the intended victim was a peace officer as defined in paragraph a of subdivision twenty-one, subdivision twenty-three, twenty-four or sixty-two (employees of the division for youth) of section 2.10 of the criminal procedure law who was at the time of the killing engaged in the course of performing his official duties, and the defendant knew or reasonably should have known that the intended victim was such a uniformed court officer, parole officer, probation officer, or employee of the division for youth;  or

   (iii) the intended victim was an employee of a state correctional institution or was an employee of a local correctional facility as defined in subdivision two of section forty of the correction law, who was at the time of the killing engaged in the course of performing his official duties, and the defendant knew or reasonably should have known that the intended victim was an employee of a state correctional institution or a local correctional facility;  or

   (iv) at the time of the commission of the killing, the defendant was confined in a state correctional institution or was otherwise in custody upon a sentence for the term of his natural life, or upon a sentence commuted to one of natural life, or upon a sentence for an indeterminate term the minimum of which was at least fifteen years and the maximum of which was natural life, or at the time of the commission of the killing, the defendant had escaped from such confinement or custody while serving such a sentence and had not yet been returned to such confinement or custody;  or

   (v) the intended victim was a witness to a crime committed on a prior occasion and the death was caused for the purpose of preventing the intended victim's testimony in any criminal action or proceeding whether or not such action or proceeding had been commenced, or the intended victim had previously testified in a criminal action or proceeding and the killing was committed for the purpose of exacting retribution for such prior testimony, or the intended victim was an immediate family member of a witness to a crime committed on a prior occasion and the killing was committed for the purpose of preventing or influencing the testimony of such witness, or the intended victim was an immediate family member of a witness who had previously testified in a criminal action or proceeding and the killing was committed for the purpose of exacting retribution upon such witness for such prior testimony.  As used in this subparagraph "immediate family member" means a husband, wife, father, mother, daughter, son, brother, sister, stepparent, grandparent, stepchild or grandchild;  or

   (vi) the defendant committed the killing or procured commission of the killing pursuant to an agreement with a person other than the intended victim to commit the same for the receipt, or in expectation of the receipt, of anything of pecuniary value from a party to the agreement or from a person other than the intended victim acting at the direction of a party to such agreement;  or

   (vii) the victim was killed while the defendant was in the course of committing or attempting to commit and in furtherance of robbery, burglary in the first degree or second degree, kidnapping in the first degree, arson in the first degree or second degree, rape in the first degree, criminal sexual act in the first degree, sexual abuse in the first degree, aggravated sexual abuse in the first degree or escape in the first degree, or in the course of and furtherance of immediate flight after committing or attempting to commit any such crime or in the course of and furtherance of immediate flight after attempting to commit the crime of murder in the second degree;  provided however, the victim is not a participant in one of the aforementioned crimes and, provided further that, unless the defendant's criminal liability under this subparagraph is based upon the defendant having commanded another person to cause the death of the victim or intended victim pursuant to section 20.00 of this chapter, this subparagraph shall not apply where the defendant's criminal liability is based upon the conduct of another pursuant to section 20.00 of this chapter;  or

   (viii) as part of the same criminal transaction, the defendant, with intent to cause serious physical injury to or the death of an additional person or persons, causes the death of an additional person or persons;  provided, however, the victim is not a participant in the criminal transaction;  or

   (ix) prior to committing the killing, the defendant had been convicted of murder as defined in this section or section 125.25 of this article, or had been convicted in another jurisdiction of an offense which, if committed in this state, would constitute a violation of either of such sections;  or

   (x) the defendant acted in an especially cruel and wanton manner pursuant to a course of conduct intended to inflict and inflicting torture upon the victim prior to the victim's death.  As used in this subparagraph, "torture" means the intentional and depraved infliction of extreme physical pain;  "depraved" means the defendant relished the infliction of extreme physical pain upon the victim evidencing debasement or perversion or that the defendant evidenced a sense of pleasure in the infliction of extreme physical pain;  or

   (xi) the defendant intentionally caused the death of two or more additional persons within the state in separate criminal transactions within a period of twenty-four months when committed in a similar fashion or pursuant to a common scheme or plan;  or

   (xii) the intended victim was a judge as defined in subdivision twenty-three of section 1.20 of the criminal procedure law and the defendant killed such victim because such victim was, at the time of the killing, a judge; or

   (xiii) the victim was killed in furtherance of an act of terrorism, as defined in paragraph (b) of subdivision one of section 490.05 of this chapter; and 

  (b) The defendant was more than eighteen years old at the time of the commission of the crime.

 2. In any prosecution under subdivision one, it is an affirmative defense that:

  (a) The defendant acted under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse, the reasonableness of which is to be determined from the viewpoint of a person in the defendant's situation under the circumstances as the defendant believed them to be.  Nothing contained in this paragraph shall constitute a defense to a prosecution for, or preclude a conviction of, manslaughter in the first degree or any other crime except murder in the second degree;  or

  (b) The defendant's conduct consisted of causing or aiding, without the use of duress or deception, another person to commit suicide.  Nothing contained in this paragraph shall constitute a defense to a prosecution for, or preclude a conviction of, manslaughter in the second degree or any other crime except murder in the second degree.

 Murder in the first degree is a class A-I felony.
 

Section 125.40 Abortion in the second degree

 A person is guilty of abortion in the second degree when he commits an abortional act upon a female, unless such abortional act is justifiable pursuant to subdivision three of section 125.05.

 Abortion in the second degree is a class E felony.
 

Section 125.45 Abortion in the first degree

 A person is guilty of abortion in the first degree when he commits upon a female pregnant for more than twenty-four weeks an abortional act which causes the miscarriage of such female, unless such abortional act is justifiable pursuant to subdivision three of section 125.05.

 Abortion in the first degree is a class D felony.
 

Section 125.50 Self-abortion in the second degree

 A female is guilty of self-abortion in the second degree when, being pregnant, she commits or submits to an abortional act upon herself, unless such abortional act is justifiable pursuant to subdivision three of section 125.05.

 Self-abortion in the second degree is a class B misdemeanor.
 

Section 125.55 Self-abortion in the first degree

 A female is guilty of self-abortion in the first degree when, being pregnant for more than twenty-four weeks, she commits or submits to an abortional act upon herself which causes her miscarriage, unless such abortional act is justifiable pursuant to subdivision three of section 125.05.

 Self-abortion in the first degree is a class A misdemeanor.
 

Section 125.60 Issuing abortional articles

 A person is guilty of issuing abortional articles when he manufactures, sells or delivers any instrument, article, medicine, drug or substance with intent that the same be used in unlawfully procuring the miscarriage of a female.

 Issuing abortional articles is a class B misdemeanor.


ARTICLE 130--SEX OFFENSES

Section 130.00 Sex offenses;  definitions of terms

 The following definitions are applicable to this article:

 1. "Sexual intercourse" has its ordinary meaning and occurs upon any penetration, however slight.

2. (a) "Oral sexual conduct" means conduct between persons consisting of contact between the mouth and the penis, the mouth and the anus, or the mouth and the vulva or vagina. 

(b) "Anal sexual conduct" means conduct between persons consisting of contact between the penis and anus.

 3. "Sexual contact" means any touching of the sexual or other intimate parts of a person not married to the actor for the purpose of gratifying sexual desire of either party.  It includes the touching of the actor by the victim, as well as the touching of the victim by the actor, whether directly or through clothing.

4. For the purposes of this article "married" means the existence of the relationship between the actor and the victim as spouses which is recognized by law at the time the actor commits an offense proscribed by this article against the victim.

 5. "Mentally disabled" means that a person suffers from a mental disease or defect which renders him or her incapable of appraising the nature of his or her conduct.

 6. "Mentally incapacitated" means that a person is rendered temporarily incapable of appraising or controlling his conduct owing to the influence of a narcotic or intoxicating substance administered to him without his consent, or to any other act committed upon him without his consent.

 7. "Physically helpless" means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.

 8. "Forcible compulsion" means to compel by either:

  a. use of physical force;  or

  b. a threat, express or implied, which places a person in fear of immediate death or physical injury to himself, herself or another person, or in fear that he, she or another person will immediately be kidnapped.

 9. "Foreign object" means any instrument or article which, when inserted in the vagina, urethra, penis or rectum, is capable of causing physical injury.

10. "Sexual conduct" means sexual intercourse, oral sexual conduct, anal sexual conduct, aggravated sexual contact, or sexual contact.

 11. "Aggravated sexual contact" means inserting, other than for a valid medical purpose, a foreign object in the vagina, urethra, penis or rectum of a child, thereby causing physical injury to such child.

 12. "Health care provider" means any person who is, or is required to be, licensed or registered or holds himself or herself out to be licensed or registered, or provides services as if he or she were licensed or registered in the profession of medicine, chiropractic, dentistry or podiatry under any of the following: article one hundred thirty-one, one hundred thirty-two, one hundred thirty-three, or one hundred forty-one of the education law.

13. "Mental health care provider" shall mean a licensed physician, licensed psychologist, registered professional nurse, licensed clinical social worker or a licensed master social worker under the supervision of a physician, psychologist or licensed clinical social worker.

Section 130.05 Sex offenses;  lack of consent

 1. Whether or not specifically stated, it is an element of every offense defined in this article that the sexual act was committed without consent of the victim.

 2. Lack of consent results from:

  (a) Forcible compulsion;  or

  (b) Incapacity to consent;  or

  (c) Where the offense charged is sexual abuse or forcible touching, any circumstances, in addition to forcible compulsion or incapacity to consent, in which the victim does not expressly or impliedly acquiesce in the actor's conduct; or

(d) Where the offense charged is rape in the third degree as defined in subdivision three of section 130.25, or criminal sexual act in the third degree as defined in subdivision three of section 130.40, in addition to forcible compulsion, circumstances under which, at the time of the act of intercourse, oral sexual conduct or anal sexual conduct, the victim clearly expressed that he or she did not consent to engage in such act, and a reasonable person in the actor's situation would have understood such person's words and acts as an expression of lack of consent to such act under all the circumstances.

 3. A person is deemed incapable of consent when he or she is:

  (a) less than seventeen years old;  or

  (b) mentally disabled;  or

  (c) mentally incapacitated;  or

  (d) physically helpless;  or

  (e) committed to the care and custody of the state department of correctional services or a hospital, as such term is defined in subdivision two of section four hundred of the correction law, and the actor is an employee, not married to such person, who knows or reasonably should know that such person is committed to the care and custody of such department or hospital.  For purposes of this paragraph, "employee" means (i) an employee of the state department of correctional services who performs professional duties in a state correctional facility consisting of providing custody, medical or mental health services, counseling services, educational programs, or vocational training for inmates;

   (ii) an employee of the division of parole who performs professional duties in a state correctional facility and who provides institutional parole services pursuant to section two hundred fifty-nine-e of the executive law;   or

   (iii) an employee of the office of mental health who performs professional duties in a state correctional facility or hospital, as such term is defined in subdivision two of section four hundred of the correction law, consisting of providing custody, or medical or mental health services for such inmates; or

  (f) committed to the care and custody of a local correctional facility, as such term is defined in subdivision two of section forty of the correction law, and the actor is an employee, not married to such person, who knows or reasonably should know that such person is committed to the care and custody of such facility.  For purposes of this paragraph, "employee" means an employee of the local correctional facility where the person is committed who performs professional duties consisting of providing custody, medical or mental health services, counseling services, educational services, or vocational training for inmates; or

  (g) committed to or placed with the office of children and family services and in residential care, and the actor is an employee, not married to such person, who knows or reasonably should know that such person is committed to or placed with such office of children and family services and in residential care. For purposes of this paragraph, "employee" means an employee of the office of children and family services or of a residential facility who performs duties consisting of providing custody, medical or mental health services, counseling services, educational services, or vocational training for persons committed to or placed with  the office of children and family services and in residential care; or

  (h) a client or patient and the actor is a health care provider or mental health care provider charged with rape in the third degree as defined in section 130.25, criminal sexual act in the third degree as defined in section 130.40, aggravated sexual abuse in the fourth degree as defined in section 130.65-a, or sexual abuse in the third degree as defined in section 130.55, and the act of sexual conduct occurs during a treatment session, consultation, interview, or examination.
 

Section 130.10 Sex offenses; limitation; defenses.

1.  In any prosecution under this article in which the victim's lack of consent is based solely upon his or her incapacity to consent because he or she was mentally disabled, mentally incapacitated or physically helpless, it is an affirmative defense that the defendant, at the time he or she engaged in the conduct constituting the offense, did not know of the facts or conditions responsible for such incapacity to consent.

2. Conduct performed for a valid medical or mental health care purpose shall not constitute a violation of any section of this article in which incapacity to consent is based on the circumstances set forth in paragraph (h) of subdivision three of section 130.05 of this article.

3. In any prosecution for the crime of rape in the third degree as defined in section 130.25, criminal sexual act in the third degree as defined in section 130.40, aggravated sexual abuse in the fourth degree as defined in section 130.65-a, or sexual abuse in the third degree as defined in section 130.55 in which incapacity to consent is based on the circumstances set forth in paragraph (h) of subdivision three of section 130.05 of this article it shall be an affirmative defense that the client or patient consented to such conduct charged after having been expressly advised by the health care or mental health care provider that such conduct was not performed for a valid medical purpose.

4. In any prosecution under this article in which the victim`s lack of consent is based solely on his or her incapacity to consent because he or she was less than seventeen years old, mentally disabled, or a client or patient and the actor is a health care provider, it shall be a defense that the defendant was married to the victim as defined in subdivision four of section 130.00 of this article.

Section 130.16 Sex offenses;  corroboration

A person shall not be convicted of any offense defined in this article of which lack of consent is an element but results solely from incapacity to consent because of the victim`s mental defect, or mental incapacity, or an attempt to commit the same, solely on the testimony of the victim, unsupported by other evidence tending to:

 (a) Establish that an attempt was made to engage the victim in sexual intercourse, oral sexual conduct, or sexual contact, as the case may be, at the time of the occurrence;  and

 (b) Connect the defendant with the commission of the offense or attempted offense.
 

Section 130.20 Sexual misconduct.

 A person is guilty of sexual misconduct when:

  1. He or she engages in sexual intercourse with another person without such person's consent; or

  2. He or she engages in oral sexual intercourse with another person without such person's consent;  or

  3. He or she engages in sexual conduct with an animal or a dead human body.

 Sexual misconduct is a class A misdemeanor.
 

Section 130.25Rape in the third degree.

 A person is guilty of rape in the third degree when:

  1. He or she engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than seventeen years old;

  2. Being twenty-one years old or more, he or she engages in sexual intercourse with another person less than seventeen years old; or

3. He or she engages in sexual intercourse with another person without such person's consent where such lack of consent is by reason of some factor other than incapacity to consent.

 Rape in the third degree is a class E felony.
 

Section 130.30 Rape in the second degree.

 A person is guilty of rape in the second degree when:

1. being eighteen years old or more, he or she engages in sexual intercourse with another person less than fifteen years old; or

2. he or she engages in sexual intercourse with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated.

It shall be an affirmative defense to the crime of rape in the second degree as defined in subdivision one of this section that the defendant was less than four years older than the victim at the time of the act.

 Rape in the second degree is a class D felony.
 

Section 130.35 Rape in the first degree.

 A person is guilty of rape in the first degree when he or she engages in sexual intercourse with another person:

  1. By forcible compulsion;  or

  2. Who is incapable of consent by reason of being physically helpless;  or

  3. Who is less than eleven years old; or

  4. Who is less than thirteen years old and the actor is eighteen years old or more.

 Rape in the first degree is a class B felony.
 

Section 130.38 Consensual sodomy.

(Repealed Eff. 2/1/01, Ch.1, L.2000)

Section 130.40 Criminal sexual act in the third degree.

 A person is guilty of criminal sexual act in the third degree when:

  1. He or she engages in oral sexual conduct or anal sexual conduct with a person who is incapable of consent by reason of some factor other than being less than seventeen years old;

  2. Being twenty-one years old or more, he or she engages in oral sexual conduct or anal sexual conduct with a person less than seventeen years old; or

3. He or she engages in oral sexual conduct or anal sexual conduct with another person without such person's consent where such lack of consent is by reason of some factor other than incapacity of consent.

Criminal sexual act in the third degree is a class E felony.
 

Section 130.45 Criminal sexual act in the second degree.

 A person is guilty of criminal sexual act in the second degree when:

1. being eighteen years old or more, he or she engages in oral sexual conduct or anal sexual conduct with another person less than fifteen years old; or

2. he or she engages in oral sexual conduct or anal sexual conduct with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated.

It shall be an affirmative defense to the crime of criminal sexual act in the second degree as defined in subdivision one of this section that the defendant was less than four years older than the victim at the time of the act.

Criminal sexual act in the second degree is a class D felony.
 

Section 130.50 Criminal sexual act in the first degree.

 A person is guilty of criminal sexual act in the first degree when he engages in oral sexual conduct or anal sexual conduct with another person:

  1. By forcible compulsion;  or

  2. Who is incapable of consent by reason of being physically helpless;  or

  3. Who is less than eleven years old; or

  4. Who is less than thirteen years old and the actor is eighteen years old or more.

 Criminal sexual act in the first degree is a class B felony.
 

Section 130.52 Forcible touching.

A person is guilty of forcible touching when such person intentionally, and for no legitimate purpose, forcibly touches the sexual or other intimate parts of another person for the purpose of degrading or abusing such person; or for the purpose of gratifying the actor`s sexual desire.

For the purposes of this section, forcible touching includes the squeezing, grabbing or pinching.

Forcible touching is a class a misdemeanor.

Section 130.53 Persistent sexual abuse.

A person is guilty of persistent sexual abuse when he or she commits the crime of forcible touching, as defined in section 130.52 of this article, sexual abuse in the third degree, as defined in section 130.55 of this article, or sexual abuse in the second degree, as defined in section 130.60 of this article, and, within the previous ten year period, has been convicted two or more times, in separate criminal transactions for which sentence was imposed on separate occasions, of forcible touching, as defined in section 130.52 of this article, sexual abuse in the third degree as defined in section 130.55 of this article, sexual abuse in the second degree, as defined in section 130.60 of this article, or any offense defined in this article, of which the commission or attempted commission thereof is a felony.

Persistent sexual abuse is a class E felony.

Section 130.55 Sexual abuse in the third degree.

 A person is guilty of sexual abuse in the third degree when he or she subjects another person to sexual contact without the latter's consent;  except that in any prosecution under this section, it is an affirmative defense that (a) such other person's lack of consent was due solely to incapacity to consent by reason of being less than seventeen years old, and (b) such other person was more than fourteen years old, and (c) the defendant was less than five years older than such other person.

 Sexual abuse in the third degree is a class B misdemeanor.
 

Section 130.60 Sexual abuse in the second degree.

 A person is guilty of sexual abuse in the second degree when he or she subjects another person to sexual contact and when such other person is:

  1. Incapable of consent by reason of some factor other than being less than seventeen years old;  or

  2. Less than fourteen years old.

 Sexual abuse in the second degree is a class A misdemeanor.
 

Section 130.65 Sexual abuse in the first degree.

 A person is guilty of sexual abuse in the first degree when he or she subjects another person to sexual contact:

  1. By forcible compulsion;  or

  2. When the other person is incapable of consent by reason of being physically helpless;  or

  3. When the other person is less than eleven years old.

 Sexual abuse in the first degree is a class D felony.
 

Section 130.65-a Aggravated sexual abuse in the fourth degree.

1. A person is guilty of aggravated sexual abuse in the fourth degree when:

(a) He or she inserts a foreign object in the vagina, urethra, penis or rectum of another person and the other person is incapable of consent by reason of some factor other than being less than seventeen years old; or

(b) He or she inserts a finger in the vagina, urethra, penis or rectum of another person causing physical injury to such person and such person is incapable of consent by reason of some factor other than being less than seventeen years old.

2. Conduct performed for a valid medical purpose does not violate the provisions of this section.

Aggravated sexual abuse in the fourth degree is a class E felony.

Section 130.66 Aggravated sexual abuse in the third degree.

 1. A person is guilty of aggravated sexual abuse in the third degree when he inserts a foreign object in the vagina, urethra, penis or rectum of another person:

  (a) By forcible compulsion;  or

  (b) When the other person is incapable of consent by reason of being physically helpless;  or

  (c) When the other person is less than eleven years old.

 2. A person is guilty of aggravated sexual abuse in the third degree when he or she inserts a foreign object in the vagina, urethra, penis or rectum of another person causing physical injury to such person and such person is incapable of consent by reason of being mentally disabled or mentally incapacitated.

3. Conduct performed for a valid medical purpose does not violate the provisions of this section.

 Aggravated sexual abuse in the third degree is a class D felony.
 

Section 130.67 Aggravated sexual abuse in the second degree

 1. A person is guilty of aggravated sexual abuse in the second degree when he inserts a finger in the vagina, urethra, penis, or rectum of another person causing physical injury to such person:

  (a) By forcible compulsion;  or

  (b) When the other person is incapable of consent by reason of being physically helpless;  or

  (c) When the other person is less than eleven years old.

 2. Conduct performed for a valid medical purpose does not violate the provisions of this section.

 Aggravated sexual abuse in the second degree is a class C felony.
 

 Section 130.70 Aggravated sexual abuse in the first degree

 1. A person is guilty of aggravated sexual abuse in the first degree when he inserts a foreign object in the vagina, urethra, penis or rectum of another person causing physical injury to such person:

  (a) By forcible compulsion;  or

  (b) When the other person is incapable of consent by reason of being physically helpless;  or

  (c) When the other person is less than eleven years old.

 2. Conduct performed for a valid medical purpose does not violate the provisions of this section.

 Aggravated sexual abuse in the first degree is a class B felony.
 

Section 130.75 Course of sexual conduct against a child in the first degree.

1. A person is guilty of course of sexual conduct against a child in the first degree when, over a period of time not less than three months in duration:

(a) he or she engages in two or more acts of sexual conduct, which includes at least one act of sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual contact, with a child less than eleven years old; or

(b) he or she, being eighteen years old or more, engages in two or more acts of sexual intercourse, which includes at least one act of sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual contact, with a child less than thirteen years old.

2. A person may not be subsequently prosecuted for any other sexual offense involving the same victim unless the other charged offense occurred outside the time period charged under this section.

 Course of sexual conduct against a child in the first degree is a class B felony.
 

Section 130.80 Course of sexual conduct against a child in the second degree

1. A person is guilty of course of sexual conduct against a child in the second degree when, over a period of time not less than three months in duration:

(a)  he or she engages in two or more acts of sexual conduct with a child less than eleven years old: or

(b) he or she , being eighteen years old or more, engages in two or more acts of sexual conduct with a child less than thirteen years old.

2. A person may not be subsequently prosecuted for any other sexual offense involving the same victim unless the other charged offense occurred outside the time period charged under this section.

 Course of sexual conduct against a child in the second degree is a class D felony.
 

Section 130.85 Female genital mutilation

 1. A person is guilty of female genital mutilation when:

  (a) a person knowingly circumcises, excises, or infibulates the whole or any part of the labia majora or labia minora or clitoris of another person who has not reached eighteen years of age;  or

  (b) being a parent, guardian or other person legally responsible and charged with the care or custody of a child less than eighteen years old, he or she knowingly consents to the circumcision, excision or infibulation of whole or part of such child's labia majora or labia minora or clitoris.

 2. Such circumcision, excision, or infibulation is not a violation of this section if such act is:

  (a) necessary to the health of the person on whom it is performed, and is performed by a person licensed in the place of its performance as a medical practitioner;  or

  (b) performed on a person in labor or who has just given birth and is performed for medical purposes connected with that labor or birth by a person licensed in the place it is performed as a medical practitioner, midwife, or person in training to become such a practitioner or midwife.

 3. For the purposes of paragraph (a) of subdivision two of this section, no account shall be taken of the effect on the person on whom such procedure is to be performed of any belief on the part of that or any other person that such procedure is required as a matter of custom or ritual.

 Female genital mutilation is a class E felony.

Section 130.90 Facilitating a sex offense with a controlled substance.

A person is guilty of facilitating a sex offense with a controlled substance when he or she:

1. knowingly and unlawfully possesses a controlled substance or any preparation, compound, mixture or substance that requires a prescription to obtain and administers such substance or preparation, compound, mixture or substance that requires a prescription to obtain to another person without such person`s consent and with intent to commit against such person conduct constituting a felony defined in this article; and 

2. commits or attempts to commit such conduct constituting a felony defined in this article.

Facilitating a sex offense with a controlled substance is a class D felony.


ARTICLE 135--KIDNAPPING, COERCION AND RELATED OFFENSES

Section 135.00 Unlawful imprisonment, kidnapping and custodial interference;  definitions of terms

 The following definitions are applicable to this article:

 1. "Restrain" means to restrict a person's movements intentionally and unlawfully in such manner as to interfere substantially with his liberty by moving him from one place to another, or by confining him either in the place where the restriction commences or in a place to which he has been moved, without consent and with knowledge that the restriction is unlawful.  A person is so moved or confined "without consent" when such is accomplished by (a) physical force, intimidation or deception, or (b) any means whatever, including acquiescence of the victim, if he is a child less than sixteen years old or an incompetent person and the parent, guardian or other person or institution having lawful control or custody of him has not acquiesced in the movement or confinement.

 2. "Abduct" means to restrain a person with intent to prevent his liberation by either (a) secreting or holding him in a place where he is not likely to be found, or (b) using or threatening to use deadly physical force.

 3. "Relative" means a parent, ancestor, brother, sister, uncle or aunt.
 

Section 135.05 Unlawful imprisonment in the second degree

 A person is guilty of unlawful imprisonment in the second degree when he restrains another person.

 Unlawful imprisonment in the second degree is a class A misdemeanor.
 

Section 135.10 Unlawful imprisonment in the first degree

 A person is guilty of unlawful imprisonment in the first degree when he restrains another person under circumstances which expose the latter to a risk of serious physical injury.

 Unlawful imprisonment in the first degree is a class E felony.
 

Section 135.15 Unlawful imprisonment;  defense

 In any prosecution for unlawful imprisonment, it is an affirmative defense that (a) the person restrained was a child less than sixteen years old, and (b) the defendant was a relative of such child, and (c) his sole purpose was to assume control of such child.
 

Section 135.20 Kidnapping in the second degree

 A person is guilty of kidnapping in the second degree when he abducts another person.

 Kidnapping in the second degree is a class B felony.
 

Section 135.25 Kidnapping in the first degree

 A person is guilty of kidnapping in the first degree when he abducts another person and when:

  1. His intent is to compel a third person to pay or deliver money or property as ransom, or to engage in other particular conduct, or to refrain from engaging in particular conduct;  or

  2. He restrains the person abducted for a period of more than twelve hours with intent to:

   (a) Inflict physical injury upon him or violate or abuse him sexually;  or

   (b) Accomplish or advance the commission of a felony;  or

   (c) Terrorize him or a third person;  or

   (d) Interfere with the performance of a governmental or political function;  or

  3. The person abducted dies during the abduction or before he is able to return or to be returned to safety.  Such death shall be presumed, in a case where such person was less than sixteen years old or an incompetent person at the time of the abduction, from evidence that his parents, guardians or other lawful custodians did not see or hear from him following the termination of the abduction and prior to trial and received no reliable information during such period persuasively indicating that he was alive.  In all other cases, such death shall be presumed from evidence that a person whom the person abducted would have been extremely likely to visit or communicate with during the specified period were he alive and free to do so did not see or hear from him during such period and received no reliable information during such period persuasively indicating that he was alive.

 Kidnapping in the first degree is a class A-I felony.
 

Section 135.30 Kidnapping;  defense

 In any prosecution for kidnapping, it is an affirmative defense that (a) the defendant was a relative of the person abducted, and (b) his sole purpose was to assume control of such person.
 

Section 135.45 Custodial interference in the second degree

 A person is guilty of custodial interference in the second degree when:

  1. Being a relative of a child less than sixteen years old, intending to hold such child permanently or for a protracted period, and knowing that he has no legal right to do so, he takes or entices such child from his lawful custodian;  or

  2. Knowing that he has no legal right to do so, he takes or entices from lawful custody any incompetent person or other person entrusted by authority  of law to the custody of another person or institution.

 Custodial interference in the second degree is a class A misdemeanor.
 

Section 135.50 Custodial interference in the first degree

 A person is guilty of custodial interference in the first degree when he commits the crime of custodial interference in the second degree:

 1. With intent to permanently remove the victim from this state, he removes such person from the state;  or

 2. Under circumstances which expose the victim to a risk that his safety will be endangered or his health materially impaired.

 It shall be an affirmative defense to a prosecution under subdivision one of this section that the victim had been abandoned or that the taking was necessary in an emergency to protect the victim because he has been subjected to or threatened with mistreatment or abuse.

 Custodial interference in the first degree is a class E felony.
 

Section 135.55 Substitution of children

 A person is guilty of substitution of children when, having been temporarily entrusted with a child less than one year old and intending to deceive a parent, guardian or other lawful custodian of such child, he substitutes, produces or returns to such parent, guardian or custodian a child other than the one entrusted.

 Substitution of children is a class E felony.
 

Section 135.60 Coercion in the second degree

 A person is guilty of coercion in the second degree when he compels or induces a person to engage in conduct which the latter has a legal right to abstain from engaging in, or to abstain from engaging in conduct in which he has a legal right to engage, by means of instilling in him a fear that, if the demand is not complied with, the actor or another will:

  1. Cause physical injury to a person;  or

  2. Cause damage to property;  or

  3. Engage in other conduct constituting a crime;  or

  4. Accuse some person of a crime or cause criminal charges to be instituted against him;  or

  5. Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule;  or

  6. Cause a strike, boycott or other collective labor group action injurious to some person's business;  except that such a threat shall not be deemed coercive when the act or omission compelled is for the benefit of the group in whose interest the actor purports to act;  or

  7. Testify or provide information or withhold testimony or information with respect to another's legal claim or defense;  or

  8. Use or abuse his position as a public servant by performing some act within or related to his official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely;  or

  9. Perform any other act which would not in itself materially benefit the actor but which is calculated to harm another person materially with respect to his health, safety, business, calling, career, financial condition, reputation or personal relationships.

 Coercion in the second degree is a class A misdemeanor.
 

Section 135.65 Coercion in the first degree

 A person is guilty of coercion in the first degree when he commits the crime of coercion in the second degree, and when:

  1.  He commits such crime by instilling in the victim a fear that he will cause physical injury to a person or cause damage to property; or

  2.  He thereby compels or induces the victim to:

    (a) Commit or attempt to commit a felony; or

    (b) Cause or attempt to cause physical injury to a person; or

    (c) Violate his duty as a public servant.

 Coercion in the first degree is a class D felony.
 

Section 135.70 Coercion; no defense.

  The crimes of (a) coercion and attempt to commit coercion, and (b) bribe receiving by a labor official as defined in section 180.20, and bribe receiving as defined in section 200.05, are not mutually exclusive, and it is no defense to a prosecution for coercion or an attempt to commit coercion that, by reason of the same conduct, the defendant also committed one of such specified crimes of bribe receiving.
 

Section 135.75 Coercion;  defense

 In any prosecution for coercion committed by instilling in the victim a fear that he or another person would be charged with a crime, it is an affirmative defense that the defendant reasonably believed the threatened charge to be true and that his sole purpose was to compel or induce the victim to take reasonable action to make good the wrong which was the subject of such threatened charge.


TITLE I--OFFENSES INVOLVING DAMAGE TO AND INTRUSION UPON PROPERTY
ARTICLE 140--BURGLARY AND RELATED OFFENSES

Section 140.00 Criminal trespass and burglary;  definitions of terms

 The following definitions are applicable to this article:

 1. "Premises" includes the term "building," as defined herein, and any real property.

 2. "Building," in addition to its ordinary meaning, includes any structure, vehicle or watercraft used for overnight lodging of persons, or used by persons for carrying on business therein, or used as an elementary or secondary school, or an inclosed motor truck, or an inclosed motor truck trailer.  Where a building consists of two or more units separately secured or occupied, each unit shall be deemed both a separate building in itself and a part of the main building.

 3. "Dwelling" means a building which is usually occupied by a person lodging therein at night.

 4. "Night" means the period between thirty minutes after sunset and thirty minutes before sunrise.

 5. "Enter or remain unlawfully."  A person "enters or remains unlawfully" in or upon premises when he is not licensed or privileged to do so.  A person who, regardless of his intent, enters or remains in or upon premises which are at the time open to the public does so with license and privilege unless he defies a lawful order not to enter or remain, personally communicated to him by the owner of such premises or other authorized person.  A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of the building which is not open to the public.  A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him by the owner of such land or other authorized person, or unless such notice is given by posting in a conspicuous manner.  A person who enters or remains in or about a school building without written permission from someone authorized to issue such permission or without a legitimate reason which includes a relationship involving custody of or responsibility for a pupil or student enrolled in the school or without legitimate business or a purpose relating to the operation of the school does so without license and privilege.
 

Section 140.05 Trespass

 A person is guilty of trespass when he knowingly enters or remains unlawfully in or upon premises.

 Trespass is a violation.
 

Section 140.10 Criminal trespass in the third degree.

 A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in a building or upon real property

 (a) which is fenced or otherwise enclosed in a manner designed to exclude intruders;  or

 (b) where the building is utilized as an elementary or secondary school or a children's overnight camp as defined in section one thousand three hundred ninety-two of the public health law or a summer day camp as defined in section one thousand three hundred ninety-two of the public health law in violation of conspicuously posted rules or regulations governing entry and use thereof;  or

 (c) located within a city with a population in excess of one million and where the building or real property is utilized as an elementary or secondary school in violation of a personally communicated request to leave the premises from a principal, custodian or other person in charge thereof;  or

 (d) located outside of a city with a population in excess of one million and where the building or real property is utilized as an elementary or secondary school in violation of a personally communicated request to leave the premises from a principal, custodian, school board member or trustee, or other person in charge thereof;  or

 (e) where the building is used as a public housing project in violation of conspicuously posted rules or regulations governing entry and use thereof;  or

 (f) where a building is used as a public housing project in violation of a personally communicated request to leave the premises from a housing police officer or other person in charge thereof;  or

 (g) where the property consists of a right-of-way or yard of a railroad or rapid transit railroad which has been designated and conspicuously posted as a no-trespass railroad zone, pursuant to section eighty-three-b of the railroad law, by the city or county in which such property is located.

 Criminal trespass in the third degree is a class B misdemeanor.
 

Section 140.15 Criminal trespass in the second degree

 A person is guilty of criminal trespass in the second degree when he knowingly enters or remains unlawfully in a dwelling.

 Criminal trespass in the second degree is a class A misdemeanor.
 

Section 140.17 Criminal trespass in the first degree

 A person is guilty of criminal trespass in the first degree when he knowingly enters or remains unlawfully in a building, and when, in the course of committing such crime, he:

  1. Possesses, or knows that another participant in the crime possesses, an explosive or a deadly weapon;  or

  2. Possesses a firearm, rifle or shotgun, as those terms are defined in section 265.00, and also possesses or has readily accessible a quantity of ammunition which is capable of being discharged from such firearm, rifle or  shotgun;  or

  3. Knows that another participant in the crime possesses a firearm, rifle or shotgun under circumstances described in subdivision two.

 Criminal trespass in the first degree is a class D felony.
 

Section 140.20 Burglary in the third degree

 A person is guilty of burglary in the third degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein.

 Burglary in the third degree is a class D felony.
 

Section 140.25 Burglary in the second degree

 A person is guilty of burglary in the second degree when he knowingly enters or remains unlawfully in a building with intent to commit a crime therein, and when:

  1. In effecting entry or while in the building or in immediate flight therefrom, he or another participant in the crime:

   (a) Is armed with explosives or a deadly weapon;  or

   (b) Causes physical injury to any person who is not a participant in the crime;  or

   (c) Uses or threatens the immediate use of a dangerous instrument;  or

   (d) Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm;  or

 2. The building is a dwelling.

 Burglary in the second degree is a class C felony.
 

Section 140.30 Burglary in the first degree

 A person is guilty of burglary in the first degree when he knowingly enters or remains unlawfully in a dwelling with intent to commit a crime therein, and when, in effecting entry or while in the dwelling or in immediate flight therefrom, he or another participant in the crime:

  1. Is armed with explosives or a deadly weapon;  or

  2. Causes physical injury to any person who is not a participant in the crime;  or

  3. Uses or threatens the immediate use of a dangerous instrument;  or

  4. Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm;  except that in any prosecution under this subdivision, it is an affirmative defense that such pistol, revolver, rifle, shotgun, machine gun or other firearm was not a loaded weapon from which a shot, readily capable of producing death or other serious physical injury, could be discharged.  Nothing contained in this subdivision shall constitute a defense to a prosecution for, or preclude a conviction of, burglary in the second degree, burglary in the third degree or any other crime.

 Burglary in the first degree is a class B felony.
 

Section 140.35 Possession of burglar's tools

 A person is guilty of possession of burglar's tools when he possesses any tool, instrument or other article adapted, designed or commonly used for committing or facilitating offenses involving forcible entry into premises, or offenses involving larceny by a physical taking, or offenses involving theft of services as defined in subdivisions four, five and six of section 165.15, under circumstances evincing an intent to use or knowledge that some person intends to use the same in the commission of an offense of such character.

 Possession of burglar's tools is a class A misdemeanor.
 

Section 140.40 Unlawful possession of radio devices

 As used in this section, the term "radio device" means any device capable of receiving a wireless voice transmission on any frequency allocated for police use, or any device capable of transmitting and receiving a wireless voice transmission.  A person is guilty of unlawful possession of a radio device when he possesses a radio device with the intent to use that device in the commission of robbery, burglary, larceny, gambling or a violation of any provision of article two hundred twenty of the penal law.

 Unlawful possession of a radio device is a class B misdemeanor.


ARTICLE 145--CRIMINAL MISCHIEF AND RELATED OFFENSES

Section 145.00 Criminal mischief in the fourth degree

 A person is guilty of criminal mischief in the fourth degree when, having no right to do so nor any reasonable ground to believe that he has such right, he:

 1. Intentionally damages property of another person;  or

 2. Intentionally participates in the destruction of an abandoned building as defined in section one thousand nine hundred seventy-one-a of the real property actions and proceedings law;  or

 3. Recklessly damages property of another person in an amount exceeding two hundred fifty dollars.

 Criminal mischief in the fourth degree is a class A misdemeanor.
 

Section 145.05 Criminal mischief in the third degree

 A person is guilty of criminal mischief in the third degree when, with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he has such right, hr or she:

1. damages the motor vehicle of another person, by breaking into such vehicle when it is locked with the intent of stealing property, and within the previous ten year period, has been convicted three or more times, in separate criminal transactions for which sentence was imposed on separate occasions, of criminal mischief in the fourth degree as defined in section 145.00, criminal mischief in the third degree as defined in this section, criminal mischief in the second degree as defined in section 145.10, or criminal mischief in the first degree as defined in section 145.12 of this article; or 

2. damages property of another person in an amount exceeding two hundred fifty dollars.

Criminal mischief in the third degree is a class E felony.
 

Section 145.10 Criminal mischief in the second degree

 A person is guilty of criminal mischief in the second degree when with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he has such right, he damages property of another person in an amount exceeding one thousand five hundred dollars.

 Criminal mischief in the second degree is a class D felony.
 

Section 145.12 Criminal mischief in the first degree

 A person is guilty of criminal mischief in the first degree when with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he has such right, he damages property of another person by means of an explosive.

 Criminal mischief in the first degree is a class B felony.
 

Section 145.14 Criminal tampering in the third degree

 A person is guilty of criminal tampering in the third degree when, having no right to do so nor any reasonable ground to believe that he has such right, he tampers with property of another person with intent to cause substantial inconvenience to such person or to a third person.

 Criminal tampering in the third degree is a class B misdemeanor.
 

Section 145.15 Criminal tampering in the second degree

 A person is guilty of criminal tampering in the second degree when, having no right to do so nor any reasonable ground to believe that he has such right, he tampers or makes connection with property of a gas, electric, sewer, steam or water-works corporation, telephone or telegraph corporation, common carrier, or public utility operated by a municipality or district;  except that in any prosecution under this section, it is an affirmative defense that the defendant did not engage in such conduct for a larcenous or otherwise unlawful or wrongful purpose.

 Criminal tampering in the second degree is a class A misdemeanor.
 

Section 145.20 Criminal tampering in the first degree

 A person is guilty of criminal tampering in the first degree when, with intent to cause a substantial interruption or impairment of a service rendered to the public, and having no right to do so nor any reasonable ground to believe that he has such right, he damages or tampers with property of a gas, electric, sewer, steam or water-works corporation, telephone or telegraph corporation, common carrier, or public utility operated by a municipality or district, and thereby causes such substantial interruption or impairment of service.

 Criminal tampering in the first degree is a class D felony.
 

Section 145.22 Cemetery desecration in the second degree

 A person is guilty of cemetery desecration in the second degree when with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he has such right, he damages any real or personal property maintained as a cemetery plot, grave, burial place or other place of interment of human remains.

 Cemetery desecration in the second degree is a class A misdemeanor.
 

Section 145.23 Cemetery desecration in the first degree

 A person is guilty of cemetery desecration in the first degree when with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he has such right, he:

 (a) damages any real or personal property maintained as a cemetery plot, grave, burial place or other place of interment of human remains in an amount exceeding two hundred fifty dollars;  or

 (b) commits the crime of cemetery desecration in the second degree as defined in section 145.22 of this article and has been previously convicted of the crime of cemetery desecration in the second degree within the preceding five years.

 Cemetery desecration in the first degree is a class E felony.
 

Section 145.25 Reckless endangerment of property

 A person is guilty of reckless endangerment of property when he recklessly engages in conduct which creates a substantial risk of damage to the property of another person in an amount exceeding two hundred fifty dollars.

 Reckless endangerment of property is a class B misdemeanor.
 

Section 145.30 Unlawfully posting advertisements

 1. A person is guilty of unlawfully posting advertisements when, having no right to do so nor any reasonable ground to believe that he has such right, he posts, paints or otherwise affixes to the property of another person any advertisement, poster, notice or other matter designed to benefit a person other than the owner of the property.

 2. Where such matter consists of a commercial advertisement, it shall be presumed that the vendor of the specified product, service or entertainment is a person who placed such advertisement or caused it to be placed upon the property.

 Unlawfully posting advertisements is a violation.
 

Section 145.35 Tampering with a consumer product;  consumer product defined

 For the purposes of sections 145.40 and 145.45 of this article, "consumer product" means any drug, food, beverage or thing which is displayed or offered for sale to the public, for administration into or ingestion by a human being or for application to any external surface of a human being.
 

Section 145.40 Tampering with a consumer product in the second degree

 A person is guilty of tampering with a consumer product in the second degree when, having no right to do so nor any reasonable ground to believe that he has such right, and with intent to cause physical injury to another or with intent to instill in another a fear that he will cause such physical injury, he alters, adulterates or otherwise contaminates a consumer product.

 Tampering with a consumer product in the second degree is a class A misdemeanor.
 

Section 145.45 Tampering with a consumer product in the first degree

 A person is guilty of tampering with a consumer product in the first degree when, having no right to do so nor any reasonable ground to believe that he has such right, and with intent to cause physical injury to another or with intent to instill in another a fear that he will cause such physical injury, he alters, adulterates or otherwise contaminates a consumer product and thereby creates a substantial risk of serious physical injury to one or more persons.

 Tampering with a consumer product in the first degree is a class E felony.
 

Section 145.50 Penalties for littering on railroad tracks and rights-of-way

 1. No person shall throw, dump, or cause to be thrown, dumped, deposited or placed upon any railroad tracks, or within the limits of the rights-of-way of any railroad, any refuse, trash, garbage, rubbish, litter or any nauseous or offensive matter.

 2. Where a highway or road lies in whole or part within a railroad rights-of- way, nothing in this section shall be construed as prohibiting the use in a reasonable manner of ashes, sand, salt or other material for the purpose of reducing the hazard of, or providing traction on snow, ice or sleet situated on such highway or road.

 3. A violation of the provisions of subdivision one of this section shall be punishable by a fine not to exceed two hundred fifty dollars and/or a requirement to perform services for a public or not-for-profit corporation, association, institution or agency not to exceed eight hours and for any second or subsequent violation by a fine not to exceed five hundred dollars and/or a requirement to perform services for a public or not-for-profit corporation, association, institution or agency not to exceed eight hours.

 4. Nothing in this section shall be deemed to apply to a railroad or its employees when matter deposited by them on the railroad tracks or rights-of-way is done pursuant to railroad rules, regulations or procedures.
 

Section 145.60 Making graffiti

 1. For purposes of this section, the term "graffiti" shall mean the etching, painting, covering, drawing upon or otherwise placing of a mark upon public or private property with intent to damage such property.

 2. No person shall make graffiti of any type on any building, public or private, or any other property real or personal owned by any person, firm or corporation or any public agency or instrumentality, without the express permission of the owner or operator of said property.

 Making graffiti is a class A misdemeanor.
 

Section 145.65 Possession of graffiti instruments

 A person is guilty of possession of graffiti instruments when he possesses any tool, instrument, article, substance, solution or other compound designed or commonly used to etch, paint, cover, draw upon or otherwise place a mark upon a piece of property which that person has no permission or authority to etch, paint, cover, draw upon or otherwise mark, under circumstances evincing an intent to use same in order to damage such property.

 Possession of graffiti instruments is a class B misdemeanor.
 

Section 145.70 Criminal possession of a taximeter accelerating device

1. For purposes of this section, a "taximeter" means an instrument or device that automatically calculates and displays the charge to a passenger in a vehicle that is licensed to transport members of the public for hire pursuant to local law.

2. For purposes of this section, a "taximeter accelerating device" means an instrument or device that causes a taximeter to increase the charge displayed by such taximeter to an amount greater than the maximum amount permitted by local law.

3. A person is guilty of criminal possession of a taximeter accelerating device when he knowingly possesses, with intent to use unlawfully, a taximeter accelerating device. If such a device is knowingly possessed there is a rebuttable presumption that it is intended to be used unlawfully.

 Criminal possession of a taximeter accelerating device is a class A misdemeanor.


ARTICLE 150--ARSON

Section 150.00 Arson;  definitions

 As used in this article, 1. "Building", in addition to its ordinary meaning, includes any structure, vehicle or watercraft used for overnight lodging of persons, or used by persons for carrying on business therein.  Where a building consists of two or more units separately secured or occupied, each unit shall not be deemed a separate building.

 2. "Motor vehicle", includes every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power, except (a) electrically-driven invalid chairs being operated or driven by an invalid, (b) vehicles which run only upon rails or tracks, and (c) snowmobiles as defined in article forty-seven of the vehicle and traffic law.
 

Section 150.01 Arson in the fifth degree

A person is guilty of arson in the fifth degree when he or she intentionally damages property of another without consent of the owner by intentionally starting a fire or causing an explosion.

Arson in the fifth degree is a class A misdemeanor.
 

Section 150.05 Arson in the fourth degree

 1. A person is guilty of arson in the fourth degree when he recklessly damages a building or motor vehicle by intentionally starting a fire or causing an explosion.

 2. In any prosecution under this section, it is an affirmative defense that no person other than the defendant had a possessory or proprietary interest in the building or motor vehicle.

 Arson in the fourth degree is a class E felony.
 

Section 150.10 Arson in the third degree

 1. A person is guilty of arson in the third degree when he intentionally damages a building or motor vehicle by starting a fire or causing an explosion.

 2. In any prosecution under this section, it is an affirmative defense that  (a) no person other than the defendant had a possessory or proprietary interest in the building or motor vehicle, or if other persons had such interests, all of them consented to the defendant's conduct, and (b) the defendant's sole intent was to destroy or damage the building or motor vehicle for a lawful and proper purpose, and (c) the defendant had no reasonable ground to believe that his conduct might endanger the life or safety of another person or damage another building or motor vehicle.

 Arson in the third degree is a class C felony.
 

 Section 150.15 Arson in the second degree

 A person is guilty of arson in the second degree when he intentionally damages a building or motor vehicle by starting a fire, and when (a) another person who is not a participant in the crime is present in such building or motor vehicle at the time, and (b) the defendant knows that fact or the circumstances are such as to render the presence of such a person therein a reasonable possibility.

 Arson in the second degree is a class B felony.
 

 Section 150.20 Arson in the first degree

 1. A person is guilty of arson in the first degree when he intentionally damages a building or motor vehicle by causing an explosion or a fire and when (a) such explosion or fire is caused by an incendiary device propelled, thrown or placed inside or near such building or motor vehicle;  or when such explosion or fire is caused by an explosive;  or when such explosion or fire either (i) causes serious physical injury to another person other than a participant, or (ii) the explosion or fire was caused with the expectation or receipt of financial advantage or pecuniary profit by the actor;  and when (b) another person who is not a participant in the crime is present in such building or motor vehicle at the time;  and (c) the defendant knows that fact or the circumstances are such as to render the presence of such person therein a reasonable possibility.

 2. As used in this section, "incendiary device" means a breakable container designed to explode or produce uncontained combustion upon impact, containing flammable liquid and having a wick or a similar device capable of being ignited.

 Arson in the first degree is a class A-I felony.


TITLE J--OFFENSES INVOLVING THEFT
ARTICLE 155--LARCENY

Section 155.00 Larceny;  definitions of terms

 The following definitions are applicable to this title:

1. "Property" means any money, personal property, real property, computer data, computer program, thing in action, evidence of debt or contract, or any article, substance or thing of value, including any gas, steam, water or electricity, which is provided for a charge or compensation.

2. "Obtain" includes, but is not limited to, the bringing about of a transfer or purported transfer of property or of a legal interest therein, whether to the obtainer or another.

3. "Deprive."  To "deprive" another of property means (a) to withhold it or cause it to be withheld from him permanently or for so extended a period or under such circumstances that the major portion of its economic value or benefit is lost to him, or (b) to dispose of the property in such manner or under such circumstances as to render it unlikely that an owner will recover such property.

4. "Appropriate."  To "appropriate" property of another to oneself or a third person means (a) to exercise control over it, or to aid a third person to exercise control over it, permanently or for so extended a period or under such circumstances as to acquire the major portion of its economic value or benefit, or (b) to dispose of the property for the benefit of oneself or a third person.

5. "Owner."  When property is taken, obtained or withheld by one person from another person, an "owner" thereof means any person who has a right to possession thereof superior to that of the taker, obtainer or withholder.

 A person who has obtained possession of property by theft or other illegal means shall be deemed to have a right of possession superior to that of a person who takes, obtains or withholds it from him by larcenous means.

 A joint or common owner of property shall not be deemed to have a right of possession thereto superior to that of any other joint or common owner thereof.

 In the absence of a specific agreement to the contrary, a person in lawful possession of property shall be deemed to have a right of possession superior to that of a person having only a security interest therein, even if legal title lies with the holder of the security interest pursuant to a conditional sale contract or other security agreement.

6. "Secret scientific material" means a sample, culture, micro-organism, specimen, record, recording, document, drawing or any other article, material, device or substance which constitutes, represents, evidences, reflects, or records a scientific or technical process, invention or formula or any part or phase thereof, and which is not, and is not intended to be, available to anyone other than the person or persons rightfully in possession thereof or selected persons having access thereto with his or their consent, and when it accords or may accord such rightful possessors an advantage over competitors or other persons who do not have knowledge or the benefit thereof.

7. "Credit card" means any instrument or article defined as a credit card in section five hundred eleven of the general business law.

7-a. "Debit card" means any instrument or article defined as a debit card in section five hundred eleven of the general business law.

7-b. "Public benefit card" means any medical assistance card, food stamp assistance card, public assistance card, or any other identification, authorization card or electronic access device issued by the state or a social services district as defined in subdivision seven of section two of the social services law, which entitles a person to obtain public assistance benefits under a local, state or federal program administered by the state, its political subdivisions or social services districts.

7-c. "Access device" means any telephone calling card number, credit card number, account number, mobile identification number, electronic serial number or personal identification number that can be used to obtain telephone service.

8. "Service" includes, but is not limited to, labor, professional service, a computer service, transportation service, the supplying of hotel accommodations, restaurant services, entertainment, the supplying of equipment for use, and the supplying of commodities of a public utility nature such as gas, electricity, steam and water.  A ticket or equivalent instrument which evidences a right to receive a service is not in itself service but constitutes property within the meaning of subdivision one.

9. "Cable television service" means any and all services provided by or through the facilities of any cable television system or closed circuit coaxial cable communications system, or any microwave or similar transmission service used in connection with any cable television system or other similar closed circuit coaxial cable communications system.
 

Section 155.05 Larceny;  defined

 1. A person steals property and commits larceny when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof.

 2. Larceny includes a wrongful taking, obtaining or withholding of another's property, with the intent prescribed in subdivision one of this section, committed in any of the following ways:

  (a) By conduct heretofore defined or known as common law larceny by trespassory taking, common law larceny by trick, embezzlement, or obtaining property by false pretenses;

  (b) By acquiring lost property.

  A person acquires lost property when he exercises control over property of another which he knows to have been lost or mislaid, or to have been delivered under a mistake as to the identity of the recipient or the nature or amount of the property, without taking reasonable measures to return such property to the owner;

  (c) By committing the crime of issuing a bad check, as defined in section 190.05;

  (d) By false promise.

  A person obtains property by false promise when, pursuant to a scheme to defraud, he obtains property of another by means of a representation, express or implied, that he or a third person will in the future engage in particular conduct, and when he does not intend to engage in such conduct or, as the case may be, does not believe that the third person intends to engage in such conduct.

  In any prosecution for larceny based upon a false promise, the defendant's intention or belief that the promise would not be performed may not be established by or inferred from the fact alone that such promise was not performed.  Such a finding may be based only upon evidence establishing that  the facts and circumstances of the case are wholly consistent with guilty intent or belief and wholly inconsistent with innocent intent or belief, and excluding to a moral certainty every hypothesis except that of the defendant's intention or belief that the promise would not be performed;

(e) By extortion.

  A person obtains property by extortion when he compels or induces another person to deliver such property to himself or to a third person by means of instilling in him a fear that, if the property is not so delivered, the actor or another will:

   (i) Cause physical injury to some person in the future;  or

   (ii) Cause damage to property;  or

   (iii) Engage in other conduct constituting a crime;  or

   (iv) Accuse some person of a crime or cause criminal charges to be instituted against him;  or

   (v) Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule;  or

   (vi) Cause a strike, boycott or other collective labor group action injurious to some person's business;  except that such a threat shall not be deemed extortion when the property is demanded or received for the benefit of the group in whose interest the actor purports to act;  or

   (vii) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense;  or

   (viii) Use or abuse his position as a public servant by performing some act within or related to his official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; or

   (ix) Perform any other act which would not in itself materially benefit the actor but which is calculated to harm another person materially with respect to his health, safety, business, calling, career, financial condition, reputation or personal relationships.
 

Section 155.10 Larceny;  no defense

 The crimes of (a) larceny committed by means of extortion and an attempt to commit the same, and (b) bribe receiving by a labor official as defined in section 180.20, and bribe receiving as defined in section 200.05, are not mutually exclusive, and it is no defense to a prosecution for larceny committed by means of extortion of for an attempt to commit the same that, by reason of the same conduct, the defendant also committed one of such specified crimes of bribe receiving.
 

Section 155.15 Larceny;  defenses

 1. In any prosecution for larceny committed by trespassory taking or embezzlement, it is an affirmative defense that the property was appropriated under a claim of right made in good faith.

 2. In any prosecution for larceny by extortion committed by instilling in the victim a fear that he or another person would be charged with a crime, it is an affirmative defense that the defendant reasonably believed the threatened charge to be true and that his sole purpose was to compel or induce the victim to take reasonable action to make good the wrong which was the subject of such threatened charge.
 

Section 155.20 Larceny;  value of stolen property

 For the purposes of this title, the value of property shall be ascertained as follows:

 1. Except as otherwise specified in this section, value means the market value of the property at the time and place of the crime, or if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the crime.

 2. Whether or not they have been issued or delivered, certain written instruments, not including those having a readily ascertainable market value such as some public and corporate bonds and securities, shall be evaluated as follows:

  (a) The value of an instrument constituting an evidence of debt, such as a check, draft or promissory note, shall be deemed the amount due or collectable thereon or thereby, such figure ordinarily being the face amount of the indebtedness less any portion thereof which has been satisfied.

  (b) The value of a ticket or equivalent instrument which evidences a right to receive a transportation, entertainment or other service shall be deemed the price stated thereon, if any;  and if no price is stated thereon the value shall be deemed the price of such ticket or equivalent instrument which the issuer charges the general public.

  (c) The value of any other instrument which creates, releases, discharges or otherwise affects any valuable legal right, privilege or obligation shall be deemed the greatest amount of economic loss which the owner of the instrument might reasonably suffer by virtue of the loss of the instrument.

 3. Where the property consists of gas, steam, water or electricity, which is provided for charge or compensation, the value shall be the value of the property stolen in any consecutive twelve-month period.

 4. When the value of property cannot be satisfactorily ascertained pursuant to the standards set forth in subdivisions one and two of this section, its value shall be deemed to be an amount less than two hundred fifty dollars.
 

Section 155.25 Petit larceny

 A person is guilty of petit larceny when he steals property.

 Petit larceny is a class A misdemeanor.
 

Section 155.30 Grand Larceny in the fourth degree

 A person is guilty of grand larceny in the fourth degree when he steals property and when:

 1. The value of the property exceeds one thousand dollars;  or

 2. The property consists of a public record, writing or instrument kept, filed or deposited according to law with or in the keeping of any public office or public servant;  or

 3. The property consists of secret scientific material;  or

 4. The property consists of a credit card or debit card;  or

 5. The property, regardless of its nature and value, is taken from the person of another;  or

 6. The property, regardless of its nature and value, is obtained by extortion;  or

 7. The property consists of one or more firearms, rifles or shotguns, as such terms are defined in section 265.00 of this chapter;  or

 8. The value of the property exceeds one hundred dollars and the property consists of a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law, other than a motorcycle, as defined in section one hundred twenty-three of such law;  or

 9. The property consists of a scroll, religious vestment, vessel or other item of property having a value of at least one hundred dollars kept for or used in connection with religious worship in any building or structure used as a place of religious worship by a religious corporation, as incorporated under the religious corporations law or the education law.

 10. The property consists of an access device which the person intends to use unlawfully to obtain telephone service.

11. The property consists of anhydrous ammonia or liquified ammonia gas and the actor intends to use, or knows another person intends to use, such anhydrous ammonia or liquified ammonia gas to manufacture methamphetamine.

 Grand larceny in the fourth degree is a class E felony.
 

Section 155.35 Grand larceny in the third degree

 A person is guilty of grand larceny in the third degree when he steals property and when the value of the property exceeds three thousand dollars.

 Grand larceny in the third degree is a class D felony.
 

Section 155.40 Grand larceny in the second degree

 A person is guilty of grand larceny in the second degree when he steals property and when:

 1. The value of the property exceeds fifty thousand dollars;  or

 2. The property, regardless of its nature and value, is obtained by extortion committed by instilling in the victim a fear that the actor or another person will (a) cause physical injury to some person in the future, or (b) cause damage to property, or (c) use or abuse his position as a public servant by engaging in conduct within or related to his official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely.

 Grand larceny in the second degree is a class C felony.
 

Section 155.42 Grand larceny in the first degree

 A person is guilty of grand larceny in the first degree when he steals property and when the value of the property exceeds one million dollars.

 Grand larceny in the first degree is a class B felony.
 

Section 155.45 Larceny;  pleading and proof

 1. Where it is an element of the crime charged that property was taken from the person or obtained by extortion, an indictment for larceny must so specify.  In all other cases, an indictment, information or complaint for larceny is sufficient if it alleges that the defendant stole property of the nature or value required for the commission of the crime charged without designating the particular way or manner in which such property was stolen or the particular theory of larceny involved.

 2. Proof that the defendant engaged in any conduct constituting larceny as defined in section 155.05 is sufficient to support any indictment, information or complaint for larceny other than one charging larceny by extortion.  An indictment charging larceny by extortion must be supported by proof establishing larceny by extortion.


ARTICLE 156--OFFENSES INVOLVING COMPUTERS;  DEFINITION OF TERMS

Section 156.00 Offenses involving computers;  definition of terms

 The following definitions are applicable to this chapter except where different meanings are expressly specified:

 1. "Computer" means a device or group of devices which, by manipulation of electronic, magnetic, optical or electrochemical impulses, pursuant to a computer program, can automatically perform arithmetic, logical, storage or retrieval operations with or on computer data, and includes any connected or directly related device, equipment or facility which enables such computer to store, retrieve or communicate to or from a person, another computer or another device the results of computer operations, computer programs or computer data.

 2. "Computer program" is property and means an ordered set of data representing coded instructions or statements that, when executed by computer, cause the computer to process data or direct the computer to perform one or more computer operations or both and may be in any form, including magnetic storage media, punched cards, or stored internally in the memory of the computer.

 3. "Computer data" is property and means a representation of information, knowledge, facts, concepts or instructions which are being processed, or have been processed in a computer and may be in any form, including magnetic storage media, punched cards, or stored internally in the memory of the computer.

 4. "Computer service" means any and all services provided by or through the facilities of any computer communication system allowing the input, output, examination, or transfer, of computer data or computer programs from one computer to another.

 5. "Computer material" is property and means any computer data or computer program which:

  (a) contains records of the medical history or medical treatment of an identified or readily identifiable individual or individuals.  This term shall not apply to the gaining access to or duplication solely of the medical history or medical treatment records of a person by that person or by another specifically authorized by the person whose records are gained access to or duplicated;  or

  (b) contains records maintained by the state or any political subdivision thereof or any governmental instrumentality within the state which contains any information concerning a person, as defined in subdivision seven of section 10.00 of this chapter, which because of name, number, symbol, mark or other identifier, can be used to identify the person and which is otherwise prohibited by law from being disclosed.  This term shall not apply to the gaining access to or duplication solely of records of a person by that person or by another specifically authorized by the person whose records are gained access to or duplicated;  or

  (c) is not and is not intended to be available to anyone other than the person or persons rightfully in possession thereof or selected persons having access thereto with his or their consent and which accords or may accord such rightful possessors an advantage over competitors or other persons who do not have knowledge or the benefit thereof.

 6. "Uses a computer or computer service without authorization" means the use of a computer or computer service without the permission of, or in excess of the permission of, the owner or lessor or someone licensed or privileged by the owner or lessor after notice to that effect to the user of the computer or computer service has been given by:

  (a) giving actual notice in writing or orally to the user;  or

  (b) prominently posting written notice adjacent to the computer being utilized by the user;  or

  (c) a notice that is displayed on, printed out on or announced by the computer being utilized by the user.  Proof that the computer is programmed to automatically display, print or announce such notice or a notice prohibiting copying, reproduction or duplication shall be presumptive evidence that such notice was displayed, printed or announced.

 7. "Felony" as used in this article means any felony defined in the laws of this state or any offense defined in the laws of any other jurisdiction for which a sentence to a term of imprisonment in excess of one year is authorized in this state.
 

Section 156.05 Unauthorized use of a computer

 A person is guilty of unauthorized use of a computer when he knowingly uses or causes to be used a computer or computer service without authorization and the computer utilized is equipped or programmed with any device or coding system, a function of which is to prevent the unauthorized use of said computer or computer system.

 Unauthorized use of a computer is a class A misdemeanor.
 

Section 156.10 Computer trespass

 A person is guilty of computer trespass when he knowingly uses or causes to be used a computer or computer service without authorization and:

 1. he does so with an intent to commit or attempt to commit or further the commission of any felony;  or

 2. he thereby knowingly gains access to computer material.

 Computer trespass is a class E felony.
 

Section 156.20 Computer tampering in the fourth degree

 A person is guilty of computer tampering in the fourth degree when he uses or causes to be used a computer or computer service and having no right to do so he intentionally alters in any manner or destroys computer data or a computer program of another person.

 Computer tampering in the fourth degree is a class A misdemeanor.
 

Section 156.25 Computer tampering in the third degree

 A person is guilty of computer tampering in the third degree when he commits the crime of computer tampering in the fourth degree and:

 1. he does so with an intent to commit or attempt to commit or further the commission of any felony;  or

 2. he has been previously convicted of any crime under this article or subdivision eleven of section 165.15 of this chapter;  or

 3. he intentionally alters in any manner or destroys computer material;  or

 4. he intentionally alters in any manner or destroys computer data or a computer program so as to cause damages in an aggregate amount exceeding one thousand dollars.

 Computer tampering in the third degree is a class E felony.
 

Section 156.26 Computer tampering in the second degree

 A person is guilty of computer tampering in the second degree when he commits the crime of computer tampering in the fourth degree and he intentionally alters in any manner or destroys computer data or a computer program so as to cause damages in an aggregate amount exceeding three thousand dollars.

 Computer tampering in the second degree is a class D felony.
 

Section 156.27 Computer tampering in the first degree

 A person is guilty of computer tampering in the first degree when he commits the crime of computer tampering in the fourth degree and he intentionally alters in any manner or destroys computer data or a computer program so as to cause damages in an aggregate amount exceeding fifty thousand dollars.

 Computer tampering in the first degree is a class C felony.
 

Section 156.30 Unlawful duplication of computer related material

 A person is guilty of unlawful duplication of computer related material when having no right to do so, he copies, reproduces or duplicates in any manner:

 1. any computer data or computer program and thereby intentionally and wrongfully deprives or appropriates from an owner thereof an economic value or benefit in excess of two thousand five hundred dollars;  or

 2. any computer data or computer program with an intent to commit or attempt to commit or further the commission of any felony.

 Unlawful duplication of computer related material is a class E felony.
 

Section 156.35 Criminal possession of computer related material

 A person is guilty of criminal possession of computer related material when having no right to do so, he knowingly possesses, in any form, any copy, reproduction or duplicate of any computer data or computer program which was copied, reproduced or duplicated in violation of section 156.30 of this article, with intent to benefit himself or a person other than an owner thereof.

 Criminal possession of computer related material is a class E felony.
 

Section 156.50 Offenses involving computers;  defenses

 In any prosecution:

 1. under section 156.05 or 156.10 of this article, it shall be a defense that the defendant had reasonable grounds to believe that he had authorization to use the computer;

 2. under section 156.20, 156.25, 156.26 or 156.27 of this article it shall be a defense that the defendant had reasonable grounds to believe that he had the right to alter in any manner or destroy the computer data or the computer program;
 3. under section 156.30 of this article it shall be a defense that the defendant had reasonable grounds to believe that he had the right to copy, reproduce or duplicate in any manner the computer data or the computer program.


ARTICLE 158--WELFARE FRAUD

Section 158.00 Definitions;  presumption;  limitation

 1. Definitions.  The following definitions are applicable to this article:

  (a) "Public benefit card" means any medical assistance card, food stamp assistance card, public assistance card, or any other identification, authorization card or electronic access device issued by the state or a social services district, as defined in subdivision seven of section two of the social services law, which entitles a person to obtain public assistance benefits under a local, state, or federal program administered by the state, its political subdivisions, or social services districts.

  (b) "Fraudulent welfare act" means knowingly and with intent to defraud, engaging in an act or acts pursuant to which a person:

   (1) offers, presents or causes to be presented to the state, any of its political subdivisions or social services districts, or any employee or agent thereof, an oral or written application or request for public assistance benefits or for a public benefit card with knowledge that the application or request contains a false statement or false information, and such statement or information is material, or

   (2) holds himself or herself out to be another person, whether real or fictitious, for the purpose of obtaining public assistance benefits, or

   (3) makes a false statement or provides false information for the purpose of  (i) establishing or maintaining eligibility for public assistance benefits or (ii) increasing or preventing reduction of public assistance benefits, and such statement or information is material.

  (c) "Public assistance benefits" means money, property or services provided directly or indirectly through programs of the federal government, the state government or the government of any political subdivision within the state and administered by the department of social services or social services districts.

 2. Rebuttable presumption.  (a) A person who possesses five or more public benefit cards in a name or names other than his or her own is presumed to possess the same with intent to defraud, deceive or injure another.

  (b) The presumption established by this subdivision shall not apply to:

   (1) any employee or agent of the department of social services to the extent that he or she possesses such cards in the course of his or her official duties;  or

   (2) any person to the extent that he she possesses a public benefit card or cards issued to a member or members of his or her immediate family or household with the consent of the cardholder;  or

   (3) any person providing home health services or personal care services pursuant to title eleven of article five of the social services law, or any agent or employee of a congregate care or residential treatment facility or foster care provider, to the extent that in the course of his or her duties, he or she possesses public assistance cards issued to persons under his or her care.

  (c) The presumption established by this subdivision is rebuttable by evidence tending to show that the defendant did not possess such public benefit card or cards with intent to defraud, deceive or injure another.  In any action tried before a jury, the jury shall be so instructed.

  (d) The foregoing presumption shall apply to prosecutions for criminal possession of public benefit cards.

 3. Limitation.  Nothing contained in this article shall be construed to prohibit a recipient of public assistance benefits from pledging his or her public assistance benefits or using his or her public benefit card as collateral for a loan.
 

Section 158.05 Welfare fraud in the fifth degree

 A person is guilty of welfare fraud in the fifth degree when he or she commits a fraudulent welfare act and thereby takes or obtains public assistance benefits.

 Welfare fraud in the fifth degree is a class A misdemeanor.
 

Section 158.10 Welfare fraud in the fourth degree

 A person is guilty of welfare fraud in the fourth degree when he or she commits a fraudulent welfare act and thereby takes or obtains public assistance benefits, and when the value of the public assistance benefits exceeds one thousand dollars.

 Welfare fraud in the fourth degree is a class E felony.
 

Section 158.15 Welfare fraud in the third degree

 A person is guilty of welfare fraud in the third degree when he or she commits a fraudulent welfare act and thereby takes or obtains public assistance benefits, and when the value of the public assistance benefits exceeds three thousand dollars.

 Welfare fraud in the third degree is a class D felony.
 

Section 158.20 Welfare fraud in the second degree

 A person is guilty of welfare fraud in the second degree when he or she commits a fraudulent welfare act and thereby takes or obtains public assistance benefits, and when the value of the public assistance benefits exceeds fifty thousand dollars.

 Welfare fraud in the second degree is a class C felony.
 

Section 158.25 Welfare fraud in the first degree

 A person is guilty of welfare fraud in the first degree when he or she commits a fraudulent welfare act and thereby takes or obtains public assistance benefits, and when the value of the public assistance benefits exceeds one million dollars.

 Welfare fraud in the first degree is a class B felony.
 

Section 158.30 Criminal use of a public benefit card in the second degree

 A person is guilty of criminal use of a public benefit card in the second degree when he or she knowingly:

 1. Loans money or otherwise provides property or services on credit, and accepts a public benefit card as collateral or security for the repayment of such loan or for the provision of such property or services;

 2. Obtains a public benefit card in exchange for a benefit;  or

 3. Transfers or delivers a public benefit card to another (a) in exchange for money or a controlled substance as defined in subdivision five of section 220.00, or (b) for the purpose of committing an unlawful act.

 Criminal use of a public benefit card in the second degree is a class A misdemeanor.
 

Section 158.35 Criminal use of a public benefit card in the first degree

 A person is guilty of criminal use of a public benefit card in the first degree when he or she, pursuant to an act or a series of acts, knowingly (i) obtains three or more public benefit cards from another or others in exchange for a benefit, or (ii) transfers or delivers three or more public benefit cards to another or others in exchange for money or a controlled substance as defined in subdivision five of section 220.00 of this chapter.

 Criminal use of a public benefit card in the first degree is a class E felony.
 

Section 158.40 Criminal possession of public benefit cards in the third degree

 A person is guilty of criminal possession of public benefit cards in the third degree when he or she with intent to defraud, deceive or injure another, knowingly possesses five or more public benefit cards in a name or names other than the person's own name.

 Criminal possession of public benefit cards in the third degree is a class E felony.
 

Section 158.45 Criminal possession of public benefit cards in the second degree

 A person is guilty of criminal possession of public benefit cards in the second degree when he or she with intent to defraud, deceive or injure another, knowingly possesses ten or more public benefit cards in a name or names other than the person's own name.

 Criminal possession of public benefit cards in the second degree is a class D felony.
 

Section 158.50 Criminal possession of public benefit cards in the first degree

 A person is guilty of criminal possession of public benefit cards in the first degree when he or she with intent to defraud, deceive or injure another, knowingly possesses twenty-five or more public benefit cards in a name or names other than the person's own name.

 Criminal possession of public benefit cards in the first degree is a class C felony.


ARTICLE 160--ROBBERY

Section 160.00 Robbery;  defined

 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.
 

Section 160.05 Robbery in the third degree

 A person in guilty of robbery in the third degree when he forcibly steals property.

 Robbery in the third degree is a class D felony.
 

Section 160.10 Robbery in the second degree

 A person is guilty of robbery in the second degree when he forcibly steals property and when:

 1. He is aided by another person actually present;  or

 2. In the course of the commission of the crime or of immediate flight therefrom, he or another participant in the crime:

  (a) Causes physical injury to any person who is not a participant in the crime;  or

  (b) Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm;  or

 3. The property consists of a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law.

 Robbery in the second degree is a class C felony.
 

Section 160.15 Robbery in the first degree

 A person is guilty of robbery in the first degree when he forcibly steals property and when, in the course of the commission of the crime or of immediate flight therefrom, he or another participant in the crime:

  1. Causes serious physical injury to any person who is not a participant in the crime;  or

  2. Is armed with a deadly weapon;  or

  3. Uses or threatens the immediate use of a dangerous instrument;  or

  4. Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm;  except that in any prosecution under this subdivision, it is an affirmative defense that such pistol, revolver, rifle, shotgun, machine gun or other firearm was not a loaded weapon from which a shot, readily capable of producing death or other serious physical injury, could be discharged.  Nothing contained in this subdivision shall constitute a defense to a prosecution for, or preclude a conviction of, robbery in the second degree, robbery in the third degree or any other crime.

 Robbery in the first degree is a class B felony.


ARTICLE 165--OTHER OFFENSES RELATING TO THEFT

Section 165.00 Misapplication of property

 1. A person is guilty of misapplication of property when, knowingly possessing personal property of another pursuant to an agreement that the same will be returned to the owner at a future time,

  (a) he loans, leases, pledges, pawns or otherwise encumbers such property without the consent of the owner thereof in such manner as to create a risk that the owner will not be able to recover it or will suffer pecuniary loss; or

  (b) he intentionally refuses to return personal property valued in excess of one hundred dollars to the owner pursuant to the terms of the rental agreement provided that the owner shall have made a written demand for the return of such personal property in person or by certified mail at an address indicated in the rental agreement and he intentionally refuses to return such personal property for a period of thirty days after such demand has been received or should reasonably have been received by him.  Such written demand shall state:  (i) the date and time at which the personal property was to have been returned under the rental agreement;  (ii) that the owner does not consent to the continued withholding or retaining of such personal property and demands its return;  and (iii) that the continued withholding or retaining of the property may constitute a class A misdemeanor punishable by a fine of up to one thousand dollars or by a sentence to a term of imprisonment for a period of up to one year or by both such fine and imprisonment.

  (c) as used in paragraph (b) of this subdivision and in subdivision three of this section, the terms owner, personal property, and rental agreement shall be defined as in subdivision one of section three hundred ninety-nine-w of the general business law.

 2. In any prosecution under paragraph (a) of subdivision one of this section, it is a defense that, at the time the prosecution was commenced, (a) the defendant had recovered possession of the property, unencumbered as a result of the unlawful disposition, and (b) the owner had suffered no material economic loss as a result of the unlawful disposition.

 3. In any prosecution under paragraph (b) of subdivision one of this section, it is a defense that at the time the prosecution was commenced, (a) the owner had recovered possession of the personal property and suffered no material economic loss as a result of the unlawful retention;  or (b) the defendant is unable to return such personal property because it has been accidentally destroyed or stolen;  or (c) the owner failed to comply with the provisions of section three hundred ninety-nine-w of the general business law.

 Misapplication of property is a class A misdemeanor.
 

Section 165.05 Unauthorized use of a vehicle in the third degree

 A person is guilty of unauthorized use of a vehicle in the third degree when:

 1. Knowing that he does not have the consent of the owner, he takes, operates, exercises control over, rides in or otherwise uses a vehicle.  A person who engages in any such conduct without the consent of the owner is presumed to know that he does not have such consent;  or

 2. Having custody of a vehicle pursuant to an agreement between himself or another and the owner thereof whereby he or another is to perform for compensation a specific service for the owner involving the maintenance, repair or use of such vehicle, he intentionally uses or operates the same, without the consent of the owner, for his own purposes in a manner constituting a gross deviation from the agreed purpose;  or

 3. Having custody of a vehicle pursuant to an agreement with the owner thereof whereby such vehicle is to be returned to the owner at a specified time, he intentionally retains or withholds possession thereof, without the consent of the owner, for so lengthy a period beyond the specified time as to render such retention or possession a gross deviation from the agreement.

 For purposes of this section "a gross deviation from the agreement" shall consist of, but not be limited to, circumstances wherein a person who having had custody of a vehicle for a period of fifteen days or less pursuant to a written agreement retains possession of such vehicle for at least seven days beyond the period specified in the agreement and continues such possession for a period of more than two days after service or refusal of attempted service of a notice in person or by certified mail at an address indicated in the agreement stating (i) the date and time at which the vehicle was to have been returned under the agreement;  (ii) that the owner does not consent to the continued withholding or retaining of such vehicle and demands its return;  and that continued withholding or retaining of the vehicle may constitute a class A misdemeanor punishable by a fine of up to one thousand dollars or by a sentence to a term of imprisonment for a period of up to one year or by both such fine and imprisonment.

 Unauthorized use of a vehicle in the third degree is a class A misdemeanor.
 

Section 165.06 Unauthorized use of a vehicle in the second degree

 A person is guilty of unauthorized use of a vehicle in the second degree when:

 He commits the crime of unauthorized use of a vehicle in the third degree as defined in subdivision one of section 165.05 of this article and has been previously convicted of the crime of unauthorized use of a vehicle in the third degree as defined in subdivision one of section 165.05 or second degree within the preceding ten years.

 Unauthorized use of a vehicle in the second degree is a class E felony.
 

Section 165.07 Unlawful use of secret scientific material

 A person is guilty of unlawful use of secret scientific material when, with intent to appropriate to himself or another the use of secret scientific material, and having no right to do so and no reasonable ground to believe that he has such right, he makes a tangible reproduction or representation of such secret scientific material by means of writing, photographing, drawing, mechanically or electronically reproducing or recording such secret scientific material.

 Unlawful use of secret scientific material is a class E felony.
 

Section 165.08 Unauthorized use of a vehicle in the first degree

 A person is guilty of unauthorized use of a vehicle in the first degree when knowing that he does not have the consent of the owner, he takes, operates, exercises control over, rides in or otherwise uses a vehicle with the intent to use the same in the course of or the commission of a class A, class B, class C or class D felony or in the immediate flight therefrom.  A person who engages in any such conduct without the consent of the owner is presumed to know he does not have such consent.

 Unauthorized use of a vehicle in the first degree is a class D felony.
 

Section 165.09 Auto stripping in the third degree

 A person is guilty of auto stripping in the third degree when:

 1. He or she removes or intentionally destroys or defaces any part of a vehicle, other than an abandoned vehicle, as defined in subdivision one of section one thousand two hundred twenty-four of the vehicle and traffic law, without the permission of the owner;  or

 2. He or she removes or intentionally destroys or defaces any part of an abandoned vehicle, as defined in subdivision one of section one thousand two hundred twenty-four of the vehicle and traffic law, except that it is a defense to such charge that such person was authorized to do so pursuant to law or by permission of the owner.

 Auto stripping in the third degree is a class A misdemeanor.
 

Section 165.10 Auto stripping in the second degree

 A person is guilty of auto stripping in the second degree when:

 1. He or she commits the offense of auto stripping in the third degree and when he or she has been previously convicted within the last five years of having violated the provisions of section 165.09 or this section;  or

 2. He or she removes or intentionally destroys, defaces, disguises, or alters any part of two or more vehicles, other than abandoned vehicles, as defined in subdivision one of section one thousand two hundred twenty-four of the vehicle and traffic law, without the permission of the owner, and the value of the parts of vehicles removed, destroyed, defaced, disguised, or altered exceeds an aggregate value of one thousand dollars.

 Auto stripping in the second degree is a class E felony.
 

Section 165.11 Auto stripping in the first degree

 A person is guilty of auto stripping in the first degree when he or she removes or intentionally destroys, defaces, disguises, or alters any part of three or more vehicles, other than abandoned vehicles, as defined in subdivision one of section one thousand two hundred twenty-four of the vehicle and traffic law, without the permission of the owner, and the value of the parts of vehicles removed, destroyed, defaced, disguised, or altered exceeds an aggregate value of three thousand dollars.

 Auto stripping in the first degree is a class D felony.
 

Section 165.15 Theft of services

 A person is guilty of theft of services when:

  1. He obtains or attempts to obtain a service, or induces or attempts to induce the supplier of a rendered service to agree to payment therefor on a credit basis, by the use of a credit card or debit card which he knows to be stolen.

  2. With intent to avoid payment for restaurant services rendered, or for services rendered to him as a transient guest at a hotel, motel, inn, tourist cabin, rooming house or comparable establishment, he avoids or attempts to avoid such payment by unjustifiable failure or refusal to pay, by stealth, or by any misrepresentation of fact which he knows to be false.  A person who fails or refuses to pay for such services is presumed to have intended to avoid payment therefor;  or

  3. With intent to obtain railroad, subway, bus, air, taxi or any other public transportation service without payment of the lawful charge therefor, or to avoid payment of the lawful charge for such transportation service which has been rendered to him, he obtains or attempts to obtain such service or avoids or attempts to avoid payment therefor by force, intimidation, stealth, deception or mechanical tampering, or by unjustifiable failure or refusal to pay;  or

  4. With intent to avoid payment by himself or another person of the lawful charge for any telecommunications service, including, without limitation, cable television service, or any gas, steam, sewer, water, electrical, telegraph or telephone service which is provided for a charge or compensation, he obtains or attempts to obtain such service for himself or another person or avoids or attempts to avoid payment therefor by himself or another person by means of (a) tampering or making connection with the equipment of the supplier, whether by mechanical, electrical, acoustical or other means, or (b) offering for sale or otherwise making available, to anyone other than the  provider of a telecommunications service for such service provider's own use in the provision of its service, any telecommunications decoder or descrambler, a principal function of which defeats a mechanism of electronic signal encryption, jamming or individually addressed switching imposed by the provider of any such telecommunications service to restrict the delivery of such service, or (c) any misrepresentation of fact which he knows to be false, or (d) any other artifice, trick, deception, code or device.  For the purposes of this subdivision the telecommunications decoder or descrambler described in paragraph (b) above or the device described in paragraph (d) above shall not include any non-decoding and non-descrambling channel frequency converter or any television receiver-type accepted by the federal communications commission.  In any prosecution under this subdivision, proof that telecommunications equipment, including, without limitation, any cable television converter, descrambler, or related equipment, has been tampered with or otherwise intentionally prevented from performing its functions of control of service delivery without the consent of the supplier of the service, or that telecommunications equipment, including, without limitation, any cable television converter, descrambler, receiver, or related equipment, has been connected o the equipment of the supplier of the service without the consent of the supplier of the service, shall be presumptive evidence that the  resident to whom the service which is at the time being furnished by or through such equipment has, with intent to avoid payment by himself or another person for a prospective or already rendered service, created or caused to be created with reference to such equipment, the condition so existing.  A person who tampers with such a device or equipment without the consent of the supplier of the service is presumed to do so with intent to avoid, or to enable another to avoid, payment for the service involved.  In any prosecution under this subdivision, proof that any telecommunications decoder or descrambler, a principal function of which defeats a mechanism of electronic signal encryption, jamming or individually addressed switching imposed by the provider of any such telecommunications service to restrict the delivery of such service, has been offered for sale or otherwise made available by anyone other than the supplier of such service shall be presumptive evidence that the person offering such equipment for sale or otherwise making it available has, with intent to avoid payment by himself or another person of the lawful charge for such service, obtained or attempted to obtain such service for himself or another person or avoided or attempted to avoid payment therefor by himself or another person;  or

  5. With intent to avoid payment by himself or another person of the lawful charge for any telephone service which is provided for a charge or  compensation he (a) sells, offers for sale or otherwise makes available, without consent, an existing, canceled or revoked access device;  or (b) uses, without consent, an existing, canceled or revoked access device;  or (c) knowingly obtains any telecommunications service with fraudulent intent by use of an unauthorized, false, or fictitious name, identification, telephone number, or access device.  For purposes of this subdivision access device means any telephone calling card number, credit card number, account number, mobile identification number, electronic serial number or personal identification number that can be used to obtain telephone service.

  6. With intent to avoid payment by himself or another person for a prospective or already rendered service the charge or compensation for which is measured by a meter or other mechanical device, he tampers with such device or with other equipment related thereto, or in any manner attempts to prevent the meter or device from performing its measuring function, without the consent of the supplier of the service.  In any prosecution under this subdivision, proof that a meter or related equipment has been tampered with or otherwise intentionally prevented from performing its measuring function without the consent of the supplier of the service shall be presumptive evidence that the person to whom the service which is at the time being furnished by or through such meter or related equipment has, with intent to  avoid payment by himself or another person for a prospective or already rendered service, created or caused to be created with reference to such meter or related equipment, the condition so existing.  A person who tampers with such a device or equipment without the consent of the supplier of the service is presumed to do so with intent to avoid, or to enable another to avoid, payment for the service involved;  or

  7. He knowingly accepts or receives the use and benefit of service, including gas, steam or electricity service, which should pass through a meter but has been diverted therefrom, or which has been prevented from being correctly registered by a meter provided therefor, or which has been diverted from the pipes, wires or conductors of the supplier thereof.  In any prosecution under this subdivision proof that service has been intentionally diverted from passing through a meter, or has been intentionally prevented from being correctly registered by a meter provided therefor, or has been intentionally diverted from the pipes, wires or conductors of the supplier thereof, shall be presumptive evidence that the person who accepts or receives the use and benefit of such service has done so with knowledge of the condition so existing;  or

  8. With intent to obtain, without the consent of the supplier thereof, gas, electricity, water, steam or telephone service, he tampers with any equipment  designed to supply or to prevent the supply of such service either to the community in general or to particular premises;  or

  9. With intent to avoid payment of the lawful charge for admission to any theatre or concert hall, or with intent to avoid payment of the lawful charge for admission to or use of a chair lift, gondola, rope-tow or similar mechanical device utilized in assisting skiers in transportation to a point of ski arrival or departure, he obtains or attempts to obtain such admission without payment of the lawful charge therefor.

  10. Obtaining or having control over labor in the employ of another person, or of business, commercial or industrial equipment or facilities of another person, knowing that he is not entitled to the use thereof, and with intent to derive a commercial or other substantial benefit for himself or a third person, he uses or diverts to the use of himself or a third person such labor, equipment or facilities.

  11. With intent to avoid payment by himself or another person of the lawful charge for use of any computer or computer service which is provided for a charge or compensation he uses, causes to be used or attempts to use a computer or computer service and avoids or attempts to avoid payment therefor.  In any prosecution under this subdivision proof that a person overcame or attempted to overcome any device or coding system a function of  which is to prevent the unauthorized use of said computer or computer service shall be presumptive evidence of an intent to avoid payment for the computer or computer service.

 Theft of services is a class A misdemeanor, provided, however, that theft of cable television service as defined by the provisions of paragraphs (a), (c) and (d) of subdivision four of this section, and having a value not in excess of one hundred dollars by a person who has not been previously convicted of theft of services under subdivision four of this section is a violation, that theft of services under subdivision nine of this section by a person who has not been previously convicted of theft of services under subdivision nine of this section is a violation and provided further, however, that theft of services of any telephone service under paragraph (a) or (b) of subdivision five of this section having a value in excess of one thousand dollars or by a person who has been previously convicted within five years of theft of services under paragraph (a) of subdivision five of this section is a class E felony.
 


Section 165.16 Unauthorized sale of certain transportation services


1. A person is guilty of unauthorized sale of certain transportation services when, with intent to avoid payment by another person to the metropolitan transportation authority, New York city transit authority or a subsidiary or affiliate of either such authority of the lawful charge for transportation services on a railroad, subway, bus or mass transit service operated by either such authority or a subsidiary or affiliate thereof, he or she, in exchange for value, sells access to such transportation services to such person, without authorization, through the use of an unlimited farecard or doctored farecard. This section shall apply only to such sales that occur in a transportation facility, as such term is defined in subdivision two of section 240.00 of this chapter, operated by such metropolitan transportation authority, New York city transit authority or subsidiary or affiliate of such authority, when public notice of the prohibitions of its section and the exemptions thereto appears on the face of the farecard or is conspicuously posted in transportation facilities operated by such metropolitan transportation authority, New York city transit authority or such subsidiary or affiliate of such authority.

2. It shall be a defense to a prosecution under this section that a person, firm, partnership, corporation, or association: (a) selling a farecard containing value, other than a doctored farecard, relinquished all rights and privileges thereto upon consummation of the sale; or (b) sold access to transportation services through the use of a farecard, other than a doctored farecard, when such sale was made at the request of the purchaser as an accommodation to the purchaser at a time when a farecard was not immediately available to the purchaser, provided, however, that the seller lawfully acquired the farecard and did not, by means of an unlawful act, contribute to the circumstances that caused the purchaser to make such request.

3. For purposes of this section:

(a) "farecard" means a value-based, magnetically encoded card containing stored monetary value from which a specified amount of value is deducted as payment of a fare;

(b) "unlimited farecard" means a farecard that is time-based, magnetically encoded and which permits entrance an unlimited number of times into facilities and conveyances for a specified period of time; and

(c) "doctored farecard" means a farecard that has been bent or manipulated or altered so as to facilitate a person's access to transportation services without paying the lawful charge.

Unauthorized sale of transportation service is a class B misdemeanor.

Section 165.17 Unlawful use of credit card, debit card or public benefit card

 A person is guilty of unlawful use of credit card, debit card or public benefit card when in the course of obtaining or attempting to obtain property or a service, he uses or displays a credit card, debit card or public benefit card which he knows to be revoked or cancelled.

 Unlawful use of a credit card, debit card or public benefit card is a class A misdemeanor.
 

Section 165.20 Fraudulently obtaining a signature

 A person is guilty of fraudulently obtaining a signature when, with intent to defraud or injure another or to acquire a substantial benefit for himself or a third person, he obtains the signature of a person to a written instrument by means of any misrepresentation of fact which he knows to be false.

 Fraudulently obtaining a signature is a class A misdemeanor.
 

Section 165.25 Jostling

 A person is guilty of jostling when, in a public place, he intentionally and unnecessarily:

  1. Places his hand in the proximity of a person's pocket or handbag;  or

  2. Jostles or crowds another person at a time when a third person's hand is in the proximity of such person's pocket or handbag.

 Jostling is a class A misdemeanor.
 

Section 165.30 Fraudulent accosting

 1. A person is guilty of fraudulent accosting when he accosts a person in a public place with intent to defraud him of money or other property by means of a trick, swindle or confidence game.

 2. A person who, either at the time he accosts another in a public place or at some subsequent time or at some other place, makes statements to him or engages in conduct with respect to him of a kind commonly made or performed in the perpetration of a known type of confidence game, is presumed to intend to defraud such person of money or other property.

 Fraudulent accosting is a class A misdemeanor.
 

Section 165.35 Fortune telling

 A person is guilty of fortune telling when, for a fee or compensation which he directly or indirectly solicits or receives, he claims or pretends to tell fortunes, or holds himself out as being able, by claimed or pretended use of occult powers, to answer questions or give advice on personal matters or to exorcise, influence or affect evil spirits or curses;  except that this section does not apply to a person who engages in the aforedescribed conduct as part of a show or exhibition solely for the purpose of entertainment or amusement.

 Fortune telling is a class B misdemeanor.
 

Section 165.40 Criminal possession of stolen property in the fifth degree

 A person is guilty of criminal possession of stolen property in the fifth degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof.

 Criminal possession of stolen property in the fifth degree is a class A misdemeanor.
 

Section 165.45 Criminal possession of stolen property in the fourth degree

 A person is guilty of criminal possession of stolen property in the fourth degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof, and when:

 1. The value of the property exceeds one thousand dollars;  or

 2. The property consists of a credit card, debit card or public benefit card;  or

 3. He is a collateral loan broker or is in the business of buying, selling or otherwise dealing in property;  or

 4. The property consists of one or more firearms, rifles and shotguns, as such terms are defined in section 265.00 of this chapter;  or

 5. The value of the property exceeds one hundred dollars and the property consists of a motor vehicle, as defined in section one hundred twenty-five of the vehicle and traffic law, other than a motorcycle, as defined in section one hundred twenty-three of such law;  or

 6. The property consists of a scroll, religious vestment, vessel or other item of property having a value of at least one hundred dollars kept for or used in connection with religious worship in any building or structure used as a place of religious worship by a religious corporation, as incorporated under the religious corporations law or the education law.

7. The property consists of anhydrous ammonia or liquified ammonia gas and the actor intends to use, or knows another person intends to use, such anhydrous ammonia or liquified ammonia gas to manufacture methamphetamine.

 Criminal possession of stolen property in the fourth degree is a class E felony.
 

Section 165.50 Criminal possession of stolen property in the third degree

 A person is guilty of criminal possession of stolen property in the third degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof, and when the value of the property exceeds three thousand dollars.

 Criminal possession of stolen property in the third degree is a class D felony.
 

Section 165.52 Criminal possession of stolen property in the second degree

 A person is guilty of criminal possession of stolen property in the second degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof, and when the value of the property exceeds fifty thousand dollars.

 Criminal possession of stolen property in the second degree is a class C felony.
 

Section 165.54 Criminal possession of stolen property in the first degree

 A person is guilty of criminal possession of stolen property in the first degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner, and when the value of the property exceeds one million dollars.

 Criminal possession of stolen property in the first degree is a class B felony.
 

Section 165.55 Criminal possession of stolen property;  presumptions

 1. A person who knowingly possesses stolen property is presumed to possess it with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof.

 2. A collateral loan broker or a person in the business of buying, selling or otherwise dealing in property who possesses stolen property is presumed to know that such property was stolen if he obtained it without having ascertained by reasonable inquiry that the person from whom he obtained it had a legal right to possess it.

 3. A person who possesses two or more stolen credit cards, debit cards or public benefit cards is presumed to know that such credit cards, debit cards or public benefit cards were stolen.

 4. A person who possesses three or more tickets or equivalent instrument for air transportation service, which tickets or instruments were stolen by reason of having been obtained from the issuer or agent thereof by the use of one or more stolen or forged credit cards, is presumed to known that such tickets or instruments were stolen.
 

Section 165.60 Criminal possession of stolen property;  no defense

 In any prosecution for criminal possession of stolen property, it is no defense that:

 1. The person who stole the property has not been convicted, apprehended or identified;  or

 2. The defendant stole or participated in the larceny of the property;  or

 3. The larceny of the property did not occur in this state.
 

Section 165.65 Criminal possession of stolen property;  corroboration

 1. A person charged with criminal possession of stolen property who participated in the larceny thereof may not be convicted of criminal possession of such stolen property solely upon the testimony of an accomplice in the larceny unsupported by corroborative evidence tending to connect the defendant with such criminal possession.

 2. Unless inconsistent with the provisions of subdivision one of this section, a person charged with criminal possession of stolen property may be convicted thereof solely upon the testimony of one from whom he obtained such property or solely upon the testimony of one to whom he disposed of such property.
 

Section 165.70 Definitions

 As used in sections 165.71, 165.72, 165.73 and 165.74, the following terms have the following definitions:

 1. The term "trademark" means (a) any word, name, symbol, or device, or any combination thereof adopted and used by a person to identify goods made by a person and which distinguish them from those manufactured or sold by others which is in use and which is registered, filed or recorded under the laws of this state or of any other state or is registered in the principal register of the United States patent and trademark office;  or (b) the symbol of the International Olympic Committee, consisting of five interlocking rings;  the emblem of the United States Olympic Committee, consisting of an escutcheon having a blue chief and vertically extending red and white bars on the base with five interlocking rings displayed on the chief;  any trademark, trade name, sign, symbol, or insignia falsely representing association with, or authorization by, the International Olympic Committee or the United States Olympic Committee;  or the words "Olympic", "Olympiad", "Citius Altius Fortius", or any combination thereof tending to cause confusion, to cause mistake, to deceive, or to falsely suggest a connection with the United States Olympic Committee or any International Olympic Committee or United States Olympic Committee activity.

 2. The term "counterfeit trademark" means a spurious trademark or an imitation of a trademark that is:

 (a) used in connection with trafficking in goods;  and

 (b) used in connection with the sale, offering for sale or distribution of goods that are identical with or substantially indistinguishable from a trademark as defined in subdivision one of this section.

 The term "counterfeit trademark" does not include any mark used in connection with goods for which the person using such mark was authorized to use the trademark for the type of goods so manufactured or produced by the holder of the right to use such mark or designation, whether or not such goods were manufactured or produced in the United States or in another country, and does not include imitations of trade dress or packaging such as color, shape and the like unless those features have been registered as trademarks as defined in subdivision one of this section.

 3. The term "traffic" means to transport, transfer, or otherwise dispose of, to another, as consideration for anything of value, or to obtain control of with intent to so transport, transfer, or otherwise dispose of.

 4. The term "goods" means any products, services, objects, materials, devices or substances which are identified by the use of a trademark.
 

Section 165.71 Trademark counterfeiting in the third degree

 A person is guilty of trademark counterfeiting in the third degree when, with the intent to deceive or defraud some other person or with the intent to evade a lawful restriction on the sale, resale, offering for sale, or distribution of goods, he or she manufactures, distributes, sells, or offers for sale goods which bear a counterfeit trademark, or possesses a trademark knowing it to be counterfeit for the purpose of affixing it to any goods.

 Trademark counterfeiting in the third degree is a class A misdemeanor.
 

Section 165.72 Trademark counterfeiting in the second degree

 A person is guilty of trademark counterfeiting in the second degree when, with the intent to deceive or defraud some other person or with the intent to evade a lawful restriction on the sale, resale, offering for sale, or distribution of goods, he or she manufactures, distributes, sells, or offers for sale goods which bear a counterfeit trademark, or possesses a trademark knowing it to be counterfeit for the purpose of affixing it to any goods, and the retail value of all such goods bearing counterfeit trademarks exceeds one thousand dollars.

 Trademark counterfeiting in the second degree is a class E felony.
 

Section 165.73 Trademark counterfeiting in the first degree

 A person is guilty of trademark counterfeiting in the first degree when, with the intent to deceive or defraud some other person, or with the intent to evade a lawful restriction on the sale, resale, offering for sale, or distribution of goods, he or she manufactures, distributes, sells, or offers for sale goods which bear a counterfeit trademark, or possesses a trademark knowing it to be counterfeit for the purpose of affixing it to any goods, and the retail value of all such goods bearing counterfeit trademarks exceeds one hundred thousand dollars.

 Trademark counterfeiting in the first degree is a class C felony.
 

Section 165.74 Seizure and destruction of goods bearing counterfeit trademarks

 Any goods manufactured, sold, offered for sale, distributed or produced in violation of this article may be seized by any police officer.  The magistrate must, within forty-eight hours after arraignment of the defendant, determine whether probable cause exists to believe that the goods had been manufactured, sold, offered for sale, distributed or produced in violation of this article, and upon a finding that probable cause exists to believe that the goods had been manufactured, sold, offered for sale, distributed, or produced in violation of this article, the court shall authorize such articles to be retained as evidence pending the trial of the defendant.  Upon conviction of the defendant, the articles in respect whereof the defendant stands convicted shall be destroyed.  Destruction shall not include auction, sale or distribution of the items in their original form.