Criminal Law Web

NEW YORK PENAL LAW
CHAPTER 40 OF THE CONSOLIDATED LAWS
PART THREE--SPECIFIC OFFENSES
TITLE K--OFFENSES INVOLVING FRAUD
ARTICLE 170--FORGERY AND RELATED OFFENSES

Section 170.00 Forgery;  definitions of terms

 1. "Written instrument" means any instrument or article, including computer data or a computer program, containing written or printed matter or the equivalent thereof, used for the purpose of reciting, embodying, conveying or recording information, or constituting a symbol or evidence of value, right, privilege or identification, which is capable of being used to the advantage or disadvantage of some person.

 2. "Complete written instrument" means one which purports to be a genuine written instrument fully drawn with respect to every essential feature thereof.  An endorsement, attestation, acknowledgment or other similar signature or statement is deemed both a complete written instrument in itself and a part of the main instrument in which it is contained or to which it attaches.

 3. "Incomplete written instrument" means one which contains some matter by way of content or authentication but which requires additional matter in order to render it a complete written instrument.

 4. "Falsely make."  A person "falsely makes" a written instrument when he makes or draws a complete written instrument in its entirety, or an incomplete written instrument, which purports to be an authentic creation of its ostensible maker or drawer, but which is not such either because the ostensible maker or drawer is fictitious or because, if real, he did not authorize the making or drawing thereof.

 5. "Falsely complete."  A person "falsely completes" a written instrument when, by adding, inserting or changing matter, he transforms an incomplete written instrument into a complete one, without the authority of anyone entitled to grant it, so that such complete instrument appears or purports to be in all respects an authentic creation of or fully authorized by its ostensible maker or drawer.

 6. "Falsely alter."  A person "falsely alters" a written instrument when, without the authority of anyone entitled to grant it, he changes a written instrument, whether it be in complete or incomplete form, by means of erasure, obliteration, deletion, insertion of new matter, transposition of matter, or in any other manner, so that such instrument in its thus altered form appears or purports to be in all respects an authentic creation of or fully authorized by its ostensible maker or drawer.

 7. "Forged instrument" means a written instrument which has been falsely made, completed or altered.

 8. "Electronic access device" means a mobile identification number or electronic serial number that can be used to obtain telephone service.
 

Section 170.05 Forgery in the third degree

 A person is guilty of forgery in the third degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument.

 Forgery in the third degree is a class A misdemeanor.
 

Section 170.10 Forgery in the second degree

 A person is guilty of forgery in the second degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed:

  1. A deed, will, codicil, contract, assignment, commercial instrument, credit card, as that term is defined in subdivision seven of section 155.00, or other instrument which does or may evidence, create, transfer, terminate or otherwise affect a legal right, interest, obligation or status;  or

  2. A public record, or an instrument filed or required or authorized by law to be filed in or with a public office or public servant;  or

  3. A written instrument officially issued or created by a public office, public servant or governmental instrumentality;  or

  4. Part of an issue of tokens, public transportation transfers, certificates or other articles manufactured and designed for use as symbols of value usable in place of money for the purchase of property or services;  or

  5. A prescription of a duly licensed physician or other person authorized to issue the same for any drug or any instrument or device used in the taking or administering of drugs for which a prescription is required by law.

 Forgery in the second degree is a class D felony.
 

Section 170.15 Forgery in the first degree

 A person is guilty of forgery in the first degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed:

  1. Part of an issue of money, stamps, securities or other valuable instruments issued by a government or governmental instrumentality;  or

  2. Part of an issue of stock, bonds or other instruments representing interests in or claims against a corporate or other organization or its  property.

 Forgery in the first degree is a class C felony.
 

Section 170.20 Criminal possession of a forged instrument in the third degree

 A person is guilty of criminal possession of a forged instrument in the third degree when, with knowledge that it is forged and with intent to defraud, deceive or injure another, he utters or possesses a forged instrument.

 Criminal possession of a forged instrument in the third degree is a class A misdemeanor.
 

Section 170.25 Criminal possession of a forged instrument in the second degree

 A person is guilty of criminal possession of a forged instrument in the second degree when, with knowledge that it is forged and with intent to defraud, deceive or injure another, he utters or possesses any forged instrument of a kind specified in section 170.10.

 Criminal possession of a forged instrument in the second degree is a class D felony.
 
 

Section 170.27 Criminal possession of a forged instrument in the second degree;  presumption

 A person who possesses two or more forged instruments, each of which purports to be a credit card or debit card, as those terms are defined in subdivisions seven and seven-a of section 155.00, is presumed to possess the same with knowledge that they are forged and with intent to defraud, deceive or injure another.
 

Section 170.30 Criminal possession of a forged instrument in the first degree

 A person is guilty of criminal possession of a forged instrument in the first degree when, with knowledge that it is forged and with intent to defraud, deceive or injure another, he utters or possesses any forged instrument of a kind specified in section 170.15.

 Criminal possession of a forged instrument in the first degree is a class C felony.
 

Section 170.35 Criminal possession of a forged instrument;  no defense

 In any prosecution for criminal possession of a forged instrument, it is no defense that the defendant forged or participated in the forgery of the instrument in issue;  provided that a person may not be convicted of both criminal possession of a forged instrument and forgery with respect to the same instrument.
 

Section 170.40 Criminal possession of forgery devices

 A person is guilty of criminal possession of forgery devices when:

  1. He makes or possesses with knowledge of its character any plate, die or other device, apparatus, equipment, or article specifically designed for use in counterfeiting or otherwise forging written instruments;  or

  2. With intent to use, or to aid or permit another to use, the same for purposes of forgery, he makes or possesses any device, apparatus, equipment or article capable of or adaptable to such use.

 Criminal possession of forgery devices is a class D felony.
 

Section 170.45 Criminal simulation

 A person is guilty of criminal simulation when:

  1. With intent to defraud, he makes or alters any object in such manner that it appears to have an antiquity, rarity, source or authorship which it does not in fact possess;  or

  2. With knowledge of its true character and with intent to defraud, he utters or possesses an object so simulated.

 Criminal simulation is a class A misdemeanor.
 

Section 170.47 Criminal possession of an anti-security item

 A person is guilty of criminal possession of an anti-security item, when with intent to steal property at a retail mercantile establishment as defined in article twelve-B of the general business law, he knowingly possesses in such an establishment an item designed for the purpose of overcoming detection of security markings or attachments placed on property offered for sale at such an establishment.

 Criminal possession of an anti-security item is a class B misdemeanor.
 

Section 170.50 Unlawfully using slugs;  definitions of terms

 The following definitions are applicable to sections 170.55 and 170.60:

 1. "Coin machine" means a coin box, turnstile, vending machine or other mechanical or electronic device or receptacle designed (a) to receive a coin or bill or a token made for the purpose, and (b) in return for the insertion or deposit thereof, automatically to offer, to provide, to assist in providing or to permit the acquisition of some property or some service.

 2. "Slug" means an object or article which, by virtue of its size, shape or any other quality, is capable of being inserted or deposited in a coin machine as an improper substitute for a genuine coin, bill or token.

 3. "Value" of a slug means the value of the coin, bill or token for which it is capable of being substituted.
 

Section 170.55 Unlawfully using slugs in the second degree

 A person is guilty of unlawfully using slugs in the second degree when:

  1. With intent to defraud the owner of a coin machine, he inserts or deposits a slug in such machine;  or

  2. He makes, possesses or disposes of a slug with intent to enable a person to insert or deposit it in a coin machine.

 Unlawfully using slugs in the second degree is a class B misdemeanor.
 

Section 170.60 Unlawfully using slugs in the first degree

 A person is guilty of unlawfully using slugs in the first degree when he makes, possesses or disposes of slugs with intent to enable a person to insert or deposit them in a coin machine, and the value of such slugs exceeds one hundred dollars.

 Unlawfully using slugs in the first degree is a class E felony.
 

Section 170.65 Forgery of a vehicle identification number

 A person is guilty of forgery of a vehicle identification number when:

 (1) He knowingly destroys, covers, defaces, alters or otherwise changes the form or appearance of a vehicle identification number on any vehicle or component part thereof, except tires;  or

 (2) He removes any such number from a vehicle or component part thereof, except as required by the provisions of the vehicle and traffic law;  or

 (3) He affixes a vehicle identification number to a vehicle, except in accordance with the provisions of the vehicle and traffic law.

 Forgery of a vehicle identification number is a class E felony.
 

Section 170.70 Illegal possession of a vehicle identification number

 A person is guilty of illegal possession of a vehicle identification number when:

 (1) He knowingly possesses a vehicle identification number label, sticker or plate which has been removed from the vehicle or vehicle part to which such label, sticker or plate was affixed by the manufacturer in accordance with 49 U.S.C. section 32101, et seq. and regulations promulgated thereunder or in accordance with the provisions of the vehicle and traffic law;  or

 (2) He knowingly possesses a vehicle or vehicle part to which is attached a vehicle identification number label, sticker or plate or on which is stamped or embossed a vehicle identification number which has been destroyed, covered, defaced, altered or otherwise changed, or a vehicle or vehicle part from which a vehicle identification number label, sticker or plate has been removed, which label, sticker or plate was affixed in accordance with 49 U.S.C. section 32101, et seq. or regulations promulgated thereunder, except when he has complied with the provisions of the vehicle and traffic law and regulations promulgated thereunder;  or

 (3) He knowingly possesses a vehicle, or part of a vehicle to which by law or regulation must be attached a vehicle identification number, either (a) with a vehicle identification number label, sticker, or plate which was not affixed by the manufacturer in accordance with 49 U.S.C. section 32101, et seq. or regulations promulgated thereunder, or in accordance with the provisions of the vehicle and traffic law or regulations promulgated thereunder, or (b) on which is affixed, stamped or embossed a vehicle identification number which was not affixed, stamped or embossed by the manufacturer, or in accordance with 49 U.S.C. section 32101, et seq. or regulations promulgated thereunder or in accordance with the provisions of the vehicle and traffic law or regulations promulgated thereunder.

 Illegal possession of a vehicle identification number is a class E felony.
 

Section 170.71 Illegal possession of a vehicle identification number;  presumptions

 (1) A person is presumed to knowingly possess a vehicle or vehicle part in violation of subdivision two of section 170.70, when he possesses any combination of five such whole vehicles or individual vehicle parts, none of which are attached to or contained in the same vehicle.

 (2) A person is presumed to knowingly possess a vehicle or vehicle part in violation of subdivision three of section 170.70, when he possesses any combination of five such whole vehicles or individual vehicle parts, none of which are attached to or contained in the same vehicle.
 

Section 170.75 Fraudulent making of an electronic access device in the second degree

 A person is guilty of fraudulent making of an electronic access device in the second degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters two or more electronic access devices, as that term is defined in subdivision eight of section 170.00 of this article.

 Fraudulent making of an electronic access device in the second degree is a class D felony.


ARTICLE 175--OFFENSES INVOLVING FALSE WRITTEN STATEMENTS

Section 175.00 Definitions of terms

 The following definitions are applicable to this article:

 1. "Enterprise" means any entity of one or more persons, corporate or otherwise, public or private, engaged in business, commercial, professional, industrial, eleemosynary, social, political or governmental activity.

 2. "Business record" means any writing or article, including computer data or a computer program, kept or maintained by an enterprise for the purpose of evidencing or reflecting its condition or activity.

 3. "Written instrument" means any instrument or article, including computer data or a computer program, containing written or printed matter or the equivalent thereof, used for the purpose of reciting, embodying, conveying or recording information, or constituting a symbol or evidence of value, right, privilege or identification, which is capable of being used to the advantage or disadvantage of some person.
 

Section 175.05 Falsifying business records in the second degree

 A person is guilty of falsifying business records in the second degree when, with intent to defraud, he:

  1. Makes or causes a false entry in the business records of an enterprise;  or

  2. Alters, erases, obliterates, deletes, removes or destroys a true entry in the business records of an enterprise;  or

  3. Omits to make a true entry in the business records of an enterprise in violation of a duty to do so which he knows to be imposed upon him by law or  by the nature of his position;  or

  4. Prevents the making of a true entry or causes the omission thereof in the business records of an enterprise.

 Falsifying business records in the second degree is a class A misdemeanor.
 

Section 175.10 Falsifying business records in the first degree

 A person is guilty of falsifying business records in the first degree when he commits the crime of falsifying business records in the second degree, and when his intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof.

 Falsifying business records in the first degree is a class E felony.
 

Section 175.15 Falsifying business records;  defense

 In any prosecution for falsifying business records, it is an affirmative defense that the defendant was a clerk, bookkeeper or other employee who, without personal benefit, merely executed the orders of his employer or of a superior officer or employee generally authorized to direct his activities.
 

Section 175.20 Tampering with public records in the second degree

 A person is guilty of tampering with public records in the second degree when, knowing that he does not have the authority of anyone entitled to grant it, he knowingly removes, mutilates, destroys, conceals, makes a false entry in or falsely alters any record or other written instrument filed with, deposited in, or otherwise constituting a record of a public office or public servant.

 Tampering with public records in the second degree is a class A misdemeanor.
 

Section 175.25 Tampering with public records in the first degree

 A person is guilty of tampering with public records in the first degree when, knowing that he does not have the authority of anyone entitled to grant it, and with intent to defraud, he knowingly removes, mutilates, destroys, conceals, makes a false entry in or falsely alters any record or other written instrument filed with, deposited in, or otherwise constituting a record of a public office or public servant.

 Tampering with public records in the first degree is a class D felony.
 

Section 175.30 Offering a false instrument for filing in the second degree

 A person is guilty of offering a false instrument for filing in the second degree when, knowing that a written instrument contains a false statement or false information, he offers or presents it to a public office or public servant with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of such public office or public servant.

 Offering a false instrument for filing in the second degree is a class A misdemeanor.
 

Section 175.35 Offering a false instrument for filing in the first degree

 A person is guilty of offering a false instrument for filing in the first degree when, knowing that a written instrument contains a false statement or false information, and with intent to defraud the state or any political subdivision, public authority or public benefit corporation of the state, he offers or presents it to a public office, public servant, public authority or public benefit corporation with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become part of the records of such public office, public servant, public authority or public benefit corporation.

 Offering a false instrument for filing in the first degree is a class E felony.
 

Section 175.40 Issuing a false certificate

 A person is guilty of issuing a false certificate when, being a public servant authorized by law to make or issue official certificates or other official written instruments, and with intent to defraud, deceive or injure another person, he issues such an instrument, or makes the same with intent that it be issued, knowing that it contains a false statement or false information.

 Issuing a false certificate is a class E felony.
 

Section 175.45 Issuing a false financial statement

 A person is guilty of issuing a false financial statement when, with intent to defraud:

  1. He knowingly makes or utters a written instrument which purports to describe the financial condition or ability to pay of some person and which is inaccurate in some material respect;  or

  2. He represents in writing that a written instrument purporting to describe a person's financial condition or ability to pay as of a prior date is accurate with respect to such person's current financial condition or ability  to pay, whereas he knows it is materially inaccurate in that respect.

 Issuing a false financial statement is a class A misdemeanor.


ARTICLE 176--INSURANCE FRAUD

Section 176.00 Insurance fraud;  definition of terms

 The following definitions are applicable to the article:

 1. "Insurance policy" has the meaning assigned to insurance contract by subsection (a) of section one thousand one hundred one of the insurance law except it shall include reinsurance contracts, purported insurance policies and purported reinsurance contracts.

 2. "Statement" includes, but is not limited to, any notice, proof of loss, bill of lading, invoice, account, estimate of property damages, bill for services, diagnosis, prescription, hospital or doctor records, x-ray, test result, and other evidence of loss, injury or expense.

 3. "Person" includes any individual, firm, association or corporation.

 4. "Personal insurance" means a policy of insurance insuring a natural person against any of the following contingencies:

  (a) loss of or damage to real property used predominantly for residential purposes and which consists of not more than four dwelling units, other than hotels, motels and rooming houses;

  (b) loss of or damage to personal property which is not used in the conduct of a business;

  (c) losses or liabilities arising out of the ownership, operation, or use of a motor vehicle, predominantly used for non-business purposes;

  (d) other liabilities for loss of, damage to, or injury to persons or property, not arising from the conduct of a business;

  (e) death, including death by personal injury, or the continuation of life, or personal injury by accident, or sickness, disease or ailment, excluding insurance providing disability benefits pursuant to article nine of the workers' compensation law.

 A policy of insurance which insures any of the contingencies listed in paragraphs (a) through (e) of this subdivision as well as other contingencies shall be personal insurance if that portion of the annual premium attributable to the listed contingencies exceeds that portion attributable to other contingencies.

 5. "Commercial insurance" means insurance other than personal insurance, and shall also include insurance providing disability benefits pursuant to article nine of the workers' compensation law, insurance providing workers' compensation benefits pursuant to the provisions of the workers' compensation law and any program of self insurance providing similar benefits.
 

Section 176.05 Insurance fraud;  defined

 1. A fraudulent insurance act is committed by any person who, knowingly and with intent to defraud presents, causes to be presented, or prepares with knowledge or belief that it will be presented to or by an insurer, self insurer, or purported insurer, or purported self insurer, or any agent thereof, any written statement as part of, or in support of, an application for the issuance of, or the rating of a commercial insurance policy, or certificate or evidence of self insurance for commercial insurance or commercial self insurance, or a claim for payment or other benefit pursuant to an insurance policy or self insurance program for commercial or personal insurance which he knows to:  (i) contain materially false information concerning any fact material thereto;  or (ii) conceal, for the purpose of misleading, information concerning any fact material thereto.

 2. A fraudulent health care insurance act is committed by any person who, knowingly and with intent to defraud, presents, causes to be presented, or prepares with knowledge or belief that it will be presented to, or by, an insurer or purported insurer or self-insurer, or any agent thereof, any written statement or other physical evidence as part of, or in support of, an application for the issuance of a health insurance policy, or a policy or contract or other authorization that provides or allows coverage for, membership or enrollment in, or other services of a public or private health care plan, or a claim for payment, services or other benefit pursuant to such policy, contract or plan, which he knows to:

  (a) contain materially false information concerning any material fact thereto; or

  (b) conceal, for purposes of misleading, information concerning any fact material thereto.  Such policy or contract or plan or authorization shall include, but not limited to, those issued or operating pursuant to any public or governmentally-sponsored or supported plan for health care coverage or services or those otherwise issued or operated by entities authorized pursuant to the public health law.  For purposes of this subdivision an “application for the issuance of a health insurance policy” shall not include (a) any application for a health insurance policy or contract approved by the superintendent of insurance pursuant to the provisions of sections three thousand two hundred sixteen, four thousand three hundred four, four thousand three hundred twenty-one or four thousand three hundred twenty-two of the insurance law or any other application for a health insurance policy or contract approved by the superintendent of insurance in the individual or direct payment market; and (b) any application for a certificate evidencing coverage under a self-insured plan or under a group contract approved by the superintendent of insurance.
 

Section 176.10 Insurance fraud in the fifth degree

 A person is guilty of insurance fraud in the fifth degree when he commits a fraudulent insurance act.

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

Section 176.15 Insurance fraud in the fourth degree

 A person is guilty of insurance fraud in the fourth degree when he commits a fraudulent insurance act and thereby wrongfully takes, obtains or withholds, or attempts to wrongfully take, obtain or withhold property with a value in excess of one thousand dollars.

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

Section 176.20 Insurance fraud in the third degree

 A person is guilty of insurance fraud in the third degree when he commits a fraudulent insurance act and thereby wrongfully takes, obtains or withholds, or attempts to wrongfully take, obtain or withhold property with a value in excess of three thousand dollars.

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

Section 176.25 Insurance fraud in the second degree

 A person is guilty of insurance fraud in the second degree when he commits a fraudulent insurance act and thereby wrongfully takes, obtains or withholds, or attempts to wrongfully take, obtain or withhold property with a value in excess of fifty thousand dollars.

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

Section 176.30 Insurance fraud in the first degree

 A person is guilty of insurance fraud in the first degree when he commits a fraudulent insurance act and thereby wrongfully takes, obtains or withholds, or attempts to wrongfully take, obtain or withhold property with a value in excess of one million dollars.

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

Section 176.35 Aggravated insurance fraud

 A person is guilty of aggravated insurance fraud in the fourth degree when he commits a fraudulent insurance act, and has been previously convicted within the preceding five years of any offense, an essential element of which is the commission of a fraudulent insurance act.

 Aggravated insurance fraud in the fourth degree is a class D felony.


ARTICLE 178--CRIMINAL DIVERSION OF PRESCRIPTION MEDICATIONS AND
PRESCRIPTIONS


 

Section 178.00 Criminal diversion of prescription medications and prescriptions;  definitions

 The following definitions are applicable to this article:

 1. "Prescription medication or device" means any article for which a prescription is required in order to be lawfully sold, delivered or distributed by any person authorized by law to engage in the practice of the profession of pharmacy.

 2. "Prescription" means a direction or authorization by means of a written prescription form or an oral prescription which permits a person to lawfully obtain a prescription medication or device from any person authorized to dispense such prescription medication or device.

 3. "Criminal diversion act" means an act or acts in which a person knowingly:

  (a) transfers or delivers, in exchange for anything of pecuniary value, a prescription medication or device with knowledge or reasonable grounds to know that the recipient has no medical need for it;  or

  (b) receives, in exchange for anything of pecuniary value, a prescription medication or device with knowledge or reasonable grounds to know that the seller or transferor is not authorized by law to sell or transfer such prescription medication or device;  or

  (c) transfers or delivers a prescription in exchange for anything of pecuniary value;  or

  (d) receives a prescription in exchange for anything of pecuniary value.
 

Section 178.05 Criminal diversion of prescription medications and prescriptions;  limitation

 1. The provisions of this article shall not apply to:

  (a) a duly licensed physician or other person authorized to issue a prescription acting in good faith in the lawful course of his or her profession;  or

  (b) a duly licensed pharmacist acting in good faith in the lawful course of the practice of pharmacy;  or

  (c) a person acting in good faith seeking treatment for a medical condition or assisting another person to obtain treatment for a medical condition.

 2. No provision of this article relating to the sale of a prescription medication or device shall be deemed to authorize any act prohibited by article thirty-three of the public health law or article two hundred twenty of this chapter.
 

Section 178.10 Criminal diversion of prescription medications and prescriptions in the fourth degree

 A person is guilty of criminal diversion of prescription medications and prescriptions in the fourth degree when he or she commits a criminal diversion act.

 Criminal diversion of prescription medications and prescriptions in the fourth degree is a class A misdemeanor.
 

Section 178.15 Criminal diversion of prescription medications and prescriptions in the third degree

 A person is guilty of criminal diversion of prescription medications and prescriptions in the third degree when he or she:

 1. commits a criminal diversion act, and the value of the benefit exchanged is in excess of one thousand dollars;  or

 2. commits the crime of criminal diversion of prescription medications and prescriptions in the fourth degree, and has previously been convicted of the crime of criminal diversion of prescription medications and prescriptions in the fourth degree.

 Criminal diversion of prescription medications and prescriptions in the third degree is a class E felony.
 

Section 178.20 Criminal diversion of prescription medications and prescriptions in the second degree

 A person is guilty of criminal diversion of prescription medications and prescriptions in the second degree when he or she commits a criminal diversion act, and the value of the benefit exchanged is in excess of three thousand dollars.

 Criminal diversion of prescription medications and prescriptions in the second degree is a class D felony.
 

Section 178.25 Criminal diversion of prescription medications and prescriptions in the first degree

 A person is guilty of criminal diversion of prescription medications and prescriptions in the first degree when he or she commits a criminal diversion act, and the value of the benefit exchanged is in excess of fifty thousand dollars.

 Criminal diversion of prescription medications and prescriptions in the first degree is a class C felony.


ARTICLE 180--BRIBERY NOT INVOLVING PUBLIC SERVANTS, AND RELATED OFFENSES

Section 180.00 Commercial bribing in the second degree

 A person is guilty of commercial bribing in the second degree when he confers, or offers or agrees to confer, any benefit upon any employee, agent or fiduciary without the consent of the latter's employer or principal, with intent to influence his conduct in relation to his employer's or principal's affairs.

 Commercial bribing in the second degree is a class A misdemeanor.
 

Section 180.03 Commercial bribing in the first degree

 A person is guilty of commercial bribing in the first degree when he confers, or offers or agrees to confer, any benefit upon any employee, agent or fiduciary without the consent of the latter's employer or principal, with intent to influence his conduct in relation to his employer's or principal's affairs, and when the value of the benefit conferred or offered or agreed to be conferred exceeds one thousand dollars and causes economic harm to the employer or principal in an amount exceeding two hundred fifty dollars.

 Commercial bribing in the first degree is a class E felony.
 

Section 180.05 Commercial bribe receiving in the second degree

 An employee, agent or fiduciary is guilty of commercial bribe receiving in the second degree when, without the consent of his employer or principal, he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that such benefit will influence his conduct in relation to his employer's or principal's affairs.

 Commercial bribe receiving in the second degree is a class A misdemeanor.
 

Section 180.08 Commercial bribe receiving in the first degree
 

 An employee, agent or fiduciary is guilty of commercial bribe receiving in the first degree when, without the consent of his employer or principal, he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that such benefit will influence his conduct in relation to his employer's or principal's affairs, and when the value of the benefit solicited, accepted or agreed to be accepted exceeds one thousand dollars and causes economic harm to the employer or principal in an amount exceeding two hundred fifty dollars.

 Commercial bribe receiving in the first degree is a class E felony.
 

Section 180.10 Bribery of labor official;  definition of term

 As used in this article, "labor official" means any duly appointed representative of a labor organization or any duly appointed trustee or representative of an employee welfare trust fund.
 

Section 180.15 Bribing a labor official

 A person is guilty of bribing a labor official when, with intent to influence a labor official in respect to any of his acts, decisions or duties as such labor official, he confers, or offers or agrees to confer, any benefit upon him.

 Bribing a labor official is a class D felony.
 

Section 180.20 Bribing a labor official;  defense

 In any prosecution for bribing a labor official, it is a defense that the defendant conferred or agreed to confer the benefit involved upon the labor official as a result of conduct of the latter constituting larceny committed by means of extortion, or an attempt to commit the same, or coercion, or an attempt to commit coercion.
 

Section 180.25 Bribe receiving by a labor official

 A labor official is guilty of bribe receiving by a labor official when he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that such benefit will influence him in respect to any of his acts, decisions, or duties as such labor official.

 Bribe receiving by a labor official is a class D felony.
 

Section 180.30 Bribe receiving by a labor official;  no defense

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

Section 180.35 Sports bribery and tampering;  definitions of terms

 As used in this article:

 1. "Sports contest" means any professional or amateur sport or athletic game or contest viewed by the public.

 2. "Sports participant" means any person who participates or expects to participate in a sports contest as a player, contestant or member of a team, or as a coach, manager, trainer or other person directly associated with a player, contestant or team.

 3. "Sports official" means any person who acts or expects to act in a sports contest as an umpire, referee, judge or otherwise to officiate at a sports contest.

 4. "Pari-mutuel betting" is such betting as is authorized under the provisions of the pari-mutuel revenue law as set forth in chapter 254 of the laws of 1940 with amendments.

 5. "Pari-mutuel horse race" means any horse race upon which betting is conducted under the provisions of the pari-mutuel revenue law as set forth in chapter 254 of the laws of 1940.
 

Section 180.40 Sports bribing

 A person is guilty of sports bribing when he:

  1. Confers, or offers or agrees to confer, any benefit upon a sports participant with intent to influence him not to give his best efforts in a sports contest;  or

  2. Confers, or offers or agrees to confer, any benefit upon a sports official with intent to influence him to perform his duties improperly.

 Sports bribing is a class D felony.
 

Section 180.45 Sports bribe receiving

 A person is guilty of sports bribe receiving when:

  1. Being a sports participant, he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that he will thereby be influenced not to give his best efforts in a sports contest;  or

  2. Being a sports official, he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that he will perform his duties improperly.

 Sports bribe receiving is a class E felony.
 

Section 180.50 Tampering with a sports contest in the second degree

 A person is guilty of tampering with a sports contest when, with intent to influence the outcome of a sports contest, he tampers with any sports participant, sports official or with any animal or equipment or other thing involved in the conduct or operation of a sports contest in a manner contrary to the rules and usages purporting to govern such a contest.

 Tampering with a sports contest in the second degree is a class A misdemeanor.
 

Section 180.51 Tampering with a sports contest in the first degree

 A person is guilty of tampering with a sports contest in the first degree when, with intent to influence the outcome of a pari-mutuel horse race:

 1. He affects any equine animal involved in the conduct or operation of a pari-mutuel horse race by administering to the animal in any manner whatsoever any controlled substance listed in section thirty-three hundred six of the public health law;  or

 2. He knowingly enters or furnishes to another person for entry or brings into this state for entry into a pari-mutuel horse race, or rides or drives in any pari-mutuel horse race any running, trotting or pacing horse, mare, gelding, colt or filly under an assumed name, or deceptively out of its proper class, or that has been painted or disguised or represented to be any other or different horse, mare, gelding, colt or filly from that which it actually is;  or

 3. He knowingly and falsely registers with the jockey club, United States trotting association, American quarterhorse association or national steeplechase and hunt association a horse, mare, gelding, colt or filly previously registered under a different name;  or

 4. He agrees with one or more persons to enter such misrepresented or drugged animal in a pari-mutuel horse race.  A person shall not be convicted of a violation of this subdivision unless an overt act is alleged and proved to have been committed by one of said persons in furtherance of said agreement.

 Tampering with a sports contest in the first degree is a class E felony.
 

Section 180.52 Impairing the integrity of a pari-mutuel betting system in the second degree

 A person is guilty of impairing the integrity of a pari-mutuel betting system in the second degree when, with the intent to obtain either any payment for himself or for a third person or with the intent to defraud any person he:

 1. Alters, changes or interferes with any equipment or device used in connection with pari-mutuel betting;  or

 2. Causes any false, inaccurate, delayed or unauthorized data, impulse or signal to be fed into, or transmitted over, or registered in or displayed upon any equipment or device used in connection with pari-mutuel betting.

 Impairing the integrity of a pari-mutuel betting system in the second degree is a class E felony.
 

Section 180.53 Impairing the integrity of a pari-mutuel betting system in the first degree

 A person is guilty of impairing the integrity of a pari-mutuel betting system in the first degree when, with the intent to obtain either any payment for himself or for a third person or with the intent to defraud any person, and when the value of the payment exceeds one thousand five hundred dollars he:

 1. Alters, changes or interferes with any equipment or device used in connection with pari-mutuel betting;  or

 2. Causes any false, inaccurate, delayed or unauthorized data, impulse or signal to be fed into, or transmitted over, or registered in or displayed upon any equipment or device used in connection with pari-mutuel betting.

 Impairing the integrity of a pari-mutuel betting system in the first degree is a class D felony.
 

Section 180.54 Rent gouging;  definition of term

 As used in this article, "lawful rental and other lawful charges" means registered, reported or contracted for rent pursuant to chapter four hundred three of the laws of nineteen hundred eighty-three, article two of the private housing finance law or section eight of the federal housing act of nineteen hundred sixty-eight, or, rent contained in a court approved stipulation of settlement, even if such rent or charges are subsequently decreased by order of the department of housing and community renewal or a court of competent jurisdiction.
 

Section 180.55 Rent gouging in the third degree

 A person is guilty of rent gouging in the third degree when, in connection with the leasing, rental or use of real property, he solicits, accepts or agrees to accept from a person some consideration of value, less than two hundred fifty dollars, in addition to lawful rental and other lawful charges, upon an agreement or understanding that the furnishing of such consideration will increase the possibility that any person may obtain or renew the lease, rental or use of such property, or that a failure to furnish it will decrease the possibility that any person may obtain or renew the same.

 Rent gouging in the third degree is a class B misdemeanor.
 

Section 180.56 Rent gouging in the second degree

 A person is guilty of rent gouging in the second degree when, in connection with the leasing, rental or use of real property, he solicits, accepts or agrees to accept from a person some consideration of value, of two hundred fifty dollars or more, in addition to lawful rental and other lawful charges, upon an agreement or understanding that the furnishing of such consideration will increase the possibility that any person may obtain or renew the lease, rental or use of such property, or that a failure to furnish it will decrease the possibility that any person may obtain or renew the same.

 Rent gouging in the second degree is a class A misdemeanor.
 

Section 180.57 Rent gouging in the first degree

 A person is guilty of rent gouging in the first degree when, in the course of a scheme constituting a systematic ongoing course of conduct in connection with the leasing, rental or use of three or more apartment units, the rental price of which is regulated pursuant to the provisions of federal, state or local law, he solicits, accepts or agrees to accept from one or more persons in three separate transactions some consideration of value, knowing that such consideration is in addition to lawful rental and other lawful charges established pursuant to the provisions of such federal, state or local law, and upon an agreement or understanding that the furnishing of such consideration will increase the possibility that any person may obtain or renew the lease, rental or use of such property, or that a failure to furnish it will decrease the possibility that any person may obtain or renew same, and thereby obtains such consideration from one or more persons.

 Rent gouging in the first degree is a class E felony.


ARTICLE 185--FRAUDS ON CREDITORS

Section 185.00 Fraud in insolvency

 1. As used in this section, "administrator" means an assignee or trustee for the benefit of creditors, a liquidator, a receiver or any other person entitled to administer property for the benefit of creditors.

 2. A person is guilty of fraud in insolvency when, with intent to defraud any creditor and knowing that proceedings have been or are about to be instituted for the appointment of an administrator, or knowing that a composition agreement or other arrangement for the benefit of creditors has been or is about to be made, he

  (a) conveys, transfers, removes, conceals, destroys, encumbers or otherwise disposes of any part of or any interest in the debtor's estate;  or

  (b) obtains any substantial part of or interest in the debtor's estate;  or

  (c) presents to any creditor or to the administrator any writing or record relating to the debtor's estate knowing the same to contain a false material statement;  or

  (d) misrepresents or fails or refuses to disclose to the administrator the existence, amount or location of any part of or any interest in the debtor's estate, or any other information which he is legally required to furnish to such administrator.

 Fraud in insolvency in a class A misdemeanor.
 

Section 185.05 Fraud involving a security interest

 A person is guilty of fraud involving a security interest when, having executed a security agreement creating a security interest in personal property securing a monetary obligation owed to a secured party, and:

  1. Having under the security agreement both the right of sale or other disposition of the property and the duty to account to the secured party for the proceeds of disposition, he sells or otherwise disposes of the property and wrongfully fails to account to the secured party for the proceeds of disposition;  or

  2. Having under the security agreement no right of sale or other disposition of the property, he knowingly secretes, withholds or disposes of such property in violation of the security agreement.

 Fraud involving a security interest is a class A misdemeanor.
 

Section 185.10 Fraudulent disposition of mortgaged property

 A person is guilty of fraudulent disposition of mortgaged property when, having theretofore executed a mortgage of real or personal property or any instrument intended to operate as such, he sells, assigns, exchanges, secretes, injures, destroys or otherwise disposes of any part of the property, upon which the mortgage or other instrument is at the time a lien, with intent thereby to defraud the mortgagee or a purchaser thereof.

 Fraudulent disposition of mortgaged property is a class A misdemeanor.
 

Section 185.15 Fraudulent disposition of property subject to a conditional sale contract

 A person is guilty of fraudulent disposition of property subject to a conditional sale contract when, prior to the performance of the condition of a conditional sale contract and being the buyer or any legal successor in interest of the buyer, he sells, assigns, mortgages, exchanges, secretes, injures, destroys or otherwise disposes of the goods subject to the conditional sale contract under claim of full ownership, with intent thereby to defraud another.

 Fraudulent disposition of property subject to a conditional sale contract is a class A misdemeanor.


ARTICLE 190--OTHER FRAUDS

Section 190.00 Issuing a bad check;  definitions of terms

 The following definitions are applicable to this article:

 1. "Check" means any check, draft or similar sight order for the payment of money which is not post-dated with respect to the time of utterance.

 2. "Drawer" of a check means a person whose name appears thereon as the primary obligor, whether the actual signature be that of himself or of a person purportedly authorized to draw the check in his behalf.

 3. "Representative drawer" means a person who signs a check as drawer in a representative capacity or as agent of the person whose name appears thereon as the principal drawer or obligor.

 4. "Utter."  A person "utters" a check when, as a drawer or representative drawer thereof, he delivers it or causes it to be delivered to a person who thereby acquires a right against the drawer with respect to such check.  One who draws a check with intent that it be so delivered is deemed to have uttered it if the delivery occurs.

 5. "Pass."  A person "passes" a check when, being a payee, holder or bearer of a check which previously has been or purports to have been drawn and uttered by another, he delivers it, for a purpose other than collection, to a third person who thereby acquires a right with respect thereto.

 6. "Funds" means money or credit.

 7. "Insufficient funds."  A drawer has "insufficient funds" with a drawee to cover a check when he has no funds or account whatever, or funds in an amount less than that of the check;  and a check dishonored for "no account" shall also be deemed to have been dishonored for "insufficient funds."
 

Section 190.05 Issuing a bad check

 A person is guilty of issuing a bad check when:

  1. (a) As a drawer or representative drawer, he utters a check knowing that he or his principal, as the case may be, does not then have sufficient funds with the drawee to cover it, and (b) he intends or believes at the time of utterance that payment will be refused by the drawee upon presentation, and (c) payment is refused by the drawee upon presentation;  or

  2. (a) He passes a check knowing that the drawer thereof does not then have sufficient funds with the drawee to cover it, and (b) he intends or believes  at the time the check is passed that payment will be refused by the drawee upon presentation, and (c) payment is refused by the drawee upon presentation.

 Issuing a bad check is a class B misdemeanor.
 

Section 190.10 Issuing a bad check;  presumptions

 1. When the drawer of a check has insufficient funds with the drawee to cover it at the time of utterance, the subscribing drawer or representative drawer, as the case may be, is presumed to know of such insufficiency.

 2. A subscribing drawer or representative drawer, as the case may be, on an ultimately dishonored check is presumed to have intended or believed that the check would be dishonored upon presentation when:

  (a) The drawer had no account with the drawee at the time of utterance;  or

  (b) (i) The drawer had insufficient funds with the drawee at the time of  utterance, and (ii) the check was presented to the drawee for payment not more than thirty days after the date of utterance, and (iii) the drawer had insufficient funds with the drawee at the time of presentation.

 3. Dishonor of a check by the drawee and insufficiency of the drawer's funds at the time of presentation may properly be proved by introduction in evidence of a notice of protest of the check, or of a certificate under oath of an authorized representative of the drawee declaring the dishonor and insufficiency, and such proof shall constitute presumptive evidence of such dishonor and insufficiency.
 

Section 190.15 Issuing a bad check;  defenses

 In any prosecution for issuing a bad check, it is an affirmative defense that:

 1. The defendant or a person acting in his behalf made full satisfaction of the amount of the check within ten days after dishonor by the drawee;  or

 2. The defendant, in acting as a representative drawer, did so as an employee who, without personal benefit, merely executed the orders of his employer or of a superior officer or employee generally authorized to direct his activities.
 

Section 190.20 False advertising

 A person is guilty of false advertising when, with intent to promote the sale or to increase the consumption of property or services, he makes or causes to be made a false or misleading statement in any advertisement or publishes any advertisement in violation of chapter three of the act of congress entitled "Truth in Lending Act"  and the regulations thereunder, as such act and regulations may from time to time be amended, addressed to the public or to a substantial number of persons;  except that, in any prosecution under this section, it is an affirmative defense that the allegedly false or misleading statement was not knowingly or recklessly made or caused to be made.

 False advertising is a class A misdemeanor.
 

Section 190.23 False personation

 A person is guilty of false personation when after being informed of the consequences of such act, he or she knowingly misrepresents his or her actual name, date of birth or address to a police officer or peace officer with intent to prevent such police officer or peace officer from ascertaining such information.

 False personation is a class B misdemeanor.
 

Section 190.25 Criminal impersonation in the second degree

 A person is guilty of criminal impersonation in the second degree when he:

  1. Impersonates another and does an act in such assumed character with intent to obtain a benefit or to injure or defraud another;  or

  2. Pretends to be a representative of some person or organization and does an act in such pretended capacity with intent to obtain a benefit or to injure or defraud another;  or

 3. (a) Pretends to be a public servant, or wears or displays without authority any uniform, badge, insignia or facsimile thereof by which such public servant is lawfully distinguished, or falsely expresses by his words or actions that he is a public servant or is acting with approval or authority of a public agency or department;  and (b) so acts with intent to induce another to submit to such pretended official authority, to solicit funds or to otherwise cause another to act in reliance upon that pretense.

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

Section 190.26 Criminal impersonation in the first degree

 A person is guilty of criminal impersonation in the first degree when he:

 1. Pretends to be a police officer, or wears or displays without authority, any uniform, badge or other insignia or facsimile thereof, by which such police officer is lawfully distinguished or expresses by his words or actions that he is acting with the approval or authority of any police department;  and

 2. So acts with intent to induce another to submit to such pretended official authority or otherwise to act in reliance upon said pretense and in the course of such pretense commits or attempts to commit a felony.

 3. Pretending to be a duly licensed physician or other person authorized to issue a prescription for any drug or any instrument or device used in the taking or administering of drugs for which a prescription is required by law, communicates to a pharmacist an oral prescription which is required to be reduced to writing pursuant to section thirty-three hundred thirty-two of the public health law.

 Criminal impersonation in the first degree is a class E felony.
 

Section 190.27 Criminal sale of a police uniform

 A person is guilty of criminal sale of a police uniform when he or she sells or offers for sale the uniform of any police officer to any person, unless presented with a valid photo identification card showing the purchaser to be a member of the police department which has authorized the requested uniform or an authorization to purchase specified uniforms signed by the police chief or the police commissioner of such police department accompanied by a personal photo identification.  For purposes of this section, "police officer" shall include federal law enforcement officers, as defined in section 2.15 of the criminal procedure law;  and "uniform" shall include all or any part of the uniform which identifies the wearer as a member of a police department, such as the uniform, shield, badge, numbers or other identifying insignias or emblems.

 Criminal sale of a police uniform is a class A misdemeanor.
 

Section 190.30 Unlawfully concealing a will

 A person is guilty of unlawfully concealing a will when, with intent to defraud, he conceals, secretes, suppresses, mutilates or destroys a will, codicil or other testamentary instrument.

 Unlawfully concealing a will is a class E felony.
 

Section 190.35 Misconduct by corporate official

 A person is guilty of misconduct by corporate official when:

  1. Being a director of a stock corporation, he knowingly concurs in any vote or act of the directors of such corporation, or any of them, by which it is intended:

   (a) To make a dividend except in the manner provided by law;  or

   (b) To divide, withdraw or in any manner pay to any stockholder any part of the capital stock of the corporation except in the manner provided by law; or

   (c) To discount or receive any note or other evidence of debt in payment of an installment of capital stock actually called in and required to be paid, or with intent to provide the means of making such payment;  or

   (d) To receive or discount any note or other evidence of debt with intent to enable any stockholder to withdraw any part of the money paid in by him on his stock;  or

   (e) To apply any portion of the funds of such corporation, directly or indirectly, to the purchase of shares of its own stock, except in the manner provided by law;  or

  2. Being a director or officer of a stock corporation:

   (a) He issues, participates in issuing, or concurs in a vote to issue any increase of its capital stock beyond the amount of the capital stock thereof, duly authorized by or in pursuance of law;  or

   (b) He sells, or agrees to sell, or is directly or indirectly interested in the sale of any share of stock of such corporation, or in any agreement to sell the same, unless at the time of such sale or agreement he is an actual owner of such share, provided that the foregoing shall not apply to a sale by or on behalf of an underwriter or dealer in connection with a bona fide public offering of shares of stock of such corporation.

 Misconduct by corporate official is a class B misdemeanor.
 

Section 190.40 Criminal usury in the second degree

 A person is guilty of criminal usury in the second degree when, not being authorized or permitted by law to do so, he knowingly charges, takes or receives any money or other property as interest on the loan or forbearance of any money or other property, at a rate exceeding twenty-five per centum per annum or the equivalent rate for a longer or shorter period.

 Criminal usury in the second degree is a class E felony.
 

Section 190.42 Criminal usury in the first degree

 A person is guilty of criminal usury in the first degree when, not being authorized or permitted by law to do so, he knowingly charges, takes or receives any money or other property as interest on the loan or forbearance of any money or other property, at a rate exceeding twenty-five per centum per annum or the equivalent rate for a longer or shorter period and either the actor had previously been convicted of the crime of criminal usury or of the attempt to commit such crime, or the actor's conduct was part of a scheme or business of making or collecting usurious loans.

 Criminal usury in the first degree is a class C felony.
 

Section 190.45 Possession of usurious loan records

 A person is guilty of possession of usurious loan records when, with knowledge of the contents thereof, he possesses any writing, paper, instrument or article used to record criminally usurious transactions prohibited by section 190.40.

 Possession of usurious loan records is a class A misdemeanor.
 

Section 190.50 Unlawful collection practices

 A person is guilty of unlawful collection practices when, with intent to enforce a claim or judgment for money or property, he knowingly sends, mails or delivers to another person a notice, document or other instrument which has no judicial or official sanction and which in its format or appearance, simulates a summons, complaint, court order or process, or an insignia, seal or printed form of a federal, state or local government or an instrumentality thereof, or is otherwise calculated to induce a belief that such notice, document or instrument has a judicial or official sanction.

 Unlawful collection practices is a class B misdemeanor.
 

Section 190.55 Making a false statement of credit terms

 A person is guilty of making a false statement of credit terms when he knowingly and willfully violates the provisions of chapter two of the act of congress entitled "Truth in Lending Act" and the regulations thereunder, as such act and regulations may from time to time be amended, by understating or failing to state the interest rate required to be disclosed, or by failing to make or by making a false or inaccurate or incomplete statement of other credit terms in violation of such act.

 Making a false statement of credit terms is a class A misdemeanor.
 

Section 190.60 Scheme to defraud in the second degree

 1. A person is guilty of a scheme to defraud in the second degree when he engages in a scheme constituting a systematic ongoing course of conduct with intent to defraud more than one person or to obtain property from more than one person by false or fraudulent pretenses, representations or promises, and so obtains property from one or more of such persons.

 2. In any prosecution under this section, it shall be necessary to prove the identity of at least one person from whom the defendant so obtained property, but it shall not be necessary to prove the identity of any other intended victim.

 Scheme to defraud in the second degree is a class A misdemeanor.
 

Section 190.65 Scheme to defraud in the first degree

 1. A person is guilty of a scheme to defraud in the first degree when he:  (a) engages in a scheme constituting a systematic ongoing course of conduct with intent to defraud ten or more persons or to obtain property from ten or more persons by false or fraudulent pretenses, representations or promises, and so obtains property from one or more of such persons;  or (b) engages in a scheme constituting a systematic ongoing course of conduct with intent to defraud more than one person or to obtain property from more than one person by false or fraudulent pretenses, representations or promises, and so obtains property with a value in excess of one thousand dollars from one or more such persons.
 2. In any prosecution under this section, it shall be necessary to prove the identity of at least one person from whom the defendant so obtained property, but it shall not be necessary to prove the identity of any other intended victim.

 Scheme to defraud in the first degree is a class E felony.
 

Section 190.70 Scheme to defraud the state by unlawfully selling prescriptions

 A person is guilty of a scheme to defraud the state by unlawfully selling prescriptions when he or she engages, with intent to defraud the state, in a scheme constituting a systematic, ongoing course of conduct to make, sell, deliver for sale or offer for sale one or more prescriptions and so obtains goods or services from the state with a value in excess of one thousand dollars or causes the state to reimburse another in excess of one thousand dollars for the delivery of such goods or services.

 Scheme to defraud the state by unlawfully selling prescriptions is a class A misdemeanor.
 

Section 190.75 Criminal use of an access device in the second degree

 A person is guilty of criminal use of an access device in the second degree when he knowingly uses an access device without consent of an owner thereof with intent to unlawfully obtain telecommunications services on behalf of himself or a third person.  As used in this section, access device shall have the meaning set forth in subdivision seven-c of section 155.00 of this chapter.

 Criminal use of an access device in the second degree is a class A misdemeanor.
 

Section 190.76 Criminal use of an access device in the first degree

 A person is guilty of criminal use of an access device in the first degree when he knowingly uses an access device without consent of an owner thereof with intent to unlawfully obtain telecommunications services on behalf of himself or a third person, and so obtains such services with a value in excess of one thousand dollars.  As used in this section, access device shall have the meaning set forth in subdivision seven-c of section 155.00 of this chapter.

 Criminal use of an access device in the first degree is a class E felony.
 

Section 190.77 Offences involving theft of identity; definitions.

1. For the purpose of sections 190.78, 190.79 and 190.80 of this article "personal identifying information" means a person's name, address, telephone number, date of birth, driver's license number, social security number, place of employment, mother's maiden name, financial services account number or code, savings account number or code, checking account number or code, brokerage account number or code, credit card account number or code, debit card number or code, automated teller machine number or code, taxpayer identification number, computer system password, signature or copy of a signature, electronic signature, unique biometric data that is a fingerprint, voice print, retinal image or iris image of another person, telephone calling card number, mobile identification number or code, electronic serial number or personal identification number, or any other name, number, code or information that may be used alone or in conjunction with other such information to assume the identity of another person.

2. For the purposes of sections 190.78, 190.79, 190.80, 190.81, 190.82 and 190.83 of this article:

a. "electronic signature" shall have the same meaning as defined in subdivision three of section three hundred two of the state technology law.
 

b. "personal identification number" means any number or code which may be used alone or in conjunction with any other information to assume the identity of another person or access financial resources or credit of another person.
 

Section 190.78 Identity theft in the third degree.

A person is guilty of identity theft in the third degree when he or she knowingly and with intent to defraud assumes the identity of another person by presenting himself or herself as that other person, or by acting as that other person or by using personal identifying information of that other person, and thereby:

1. obtains goods, money, property or services or uses credit in the name of such other person or causes financial loss to such person or to another person or persons; or

2. commits a class A misdemeanor or higher level crime.

Identity theft in the third degree is a class A misdemeanor.
 

Section 190.79 Identity theft in the second degree.

A person is guilty of identify [sic] theft in the second degree when he or she knowingly and with intent to defraud assumes the identity of another person by presenting himself or herself as that other person, or by acting as that other person or by using personal identifying information of that other person, and thereby:

1. obtains goods, money, property or services or uses credit in the name of such other person in an aggregate amount that exceeds five hundred dollars; or

2. causes financial loss to such person or to another person or persons in an aggregate amount that exceeds five hundred dollars; or

3. commits or attempts to commit a felony or acts as an accessory to the commission of a felony; or

4. commits the crime of identity theft in the third degree as defined in section 190.78 of this article and has been previously convicted within the last five years of identity theft in the third degree as defined in section 190.78, identity theft in the second degree as defined in this section, identity theft in the first degree as defined in section 190.80, unlawful possession of personal identification information in the third degree as defined in section 190.81, unlawful possession of personal identification information in the second degree as defined in section 190.82, unlawful possession of personal identification information in the first degree as defined in section 190.83, grand larceny in the fourth degree as defined in section 155.30, grand larceny in the third degree as defined in section 155.35 grand larceny in the second degree as defined in section 155.40 or grand larceny in the first degree as defined in section 155.42 of this chapter.

Identity theft in the second degree is a class E felony.
 

Section 190.80 Identity theft in the first degree.

A person is guilty of identity theft in the first degree when he or she knowingly and with intent to defraud assumes the identity of another person by presenting himself or herself as that other person, or by acting as that other person or by using personal identifying information of that other person, and thereby:

1. obtains goods, money, property or services or uses credit in the name of such other person in an aggregate amount that exceeds two thousand dollars; or

2. causes financial loss to such person or to another person or persons in an aggregate amount that exceeds two thousand dollars; or

3. commits or attempts to commit a class D felony or higher level crime or acts as an accessory in the commission of a class D or higher level felony; or

4. commits the crime of identity theft in the second degree as defined in section 190.79 of this article and has been previously convicted within the last five years of identity theft in the third degree as defined in section 190.78, identity theft in the second degree as defined in section 190.79, identity theft in the first degree as defined in this section, unlawful possession of personal identification information in the third degree as defined in section 190.81, unlawful possession of personal identification information in the second degree as defined in section 190.82, unlawful possession of personal identification information in the first degree as defined in section 190.83, grand larceny in the fourth degree as defined in section 155.30, grand larceny in the third degree as defined in section 155.35, grand larceny in the second degree as defined in section 155.40 or grand larceny in the first degree as defined in section 155.42 of this chapter.

Identity theft in the first degree is a class D felony.
 

Section 190.81 Unlawful possession of personal identification information in the third degree.

A person is guilty of unlawful possession of personal identification information in the third degree when he or she knowingly possesses a person's financial services account number or code, savings account number or code, checking account number or code, brokerage account number or code, credit card number or code, debit card number or code, automated teller machine number or code, personal identification number, mother's maiden name, computer system password, electronic signature or unique biometric data that is a fingerprint, voice print, retinal image or iris image or another person knowing such information is intended to be used in furtherance or the commission of a crime defined in this chapter.

Unlawful possession of personal identification information in the third degree is a class A misdemeanor.
 

Section 190.82 Unlawful possession of personal identification information in the second degree.

A person is guilty of unlawful possession of personal identification information in the second degree when he or she knowingly possesses two hundred fifty or more items of personal identification information of the following nature: a person's financial services account number or code, savings account number or code, checking account number or code, brokerage account number or code, credit card number or code, debit card number or code, automated teller machine number or code, personal identification number, mother's maiden name, computer system password, electronic signature or unique biometric data that is a fingerprint, voice print, retinal image or iris image or another person knowing such information is intended to be used in furtherance of the commission of a crime defined in this chapter.

Unlawful possession of personal identification information in the second degree is a class E felony.
 

Section 190.83 Unlawful possession of personal identification information in the first degree.

A person is guilty of unlawful possession of personal identification information in the first degree when he or she commits the crime of unlawful possession of personal identification information in the second degree and:

1. with intent to further the commission of identity theft in the second degree, he or she supervises more than three accomplices; or

2. he or she has been previously convicted within the last five years of identity theft in the third degree as defined in section 190.78, identity theft in the second degree as defined in section 190.79, identity theft in the first degree as defined in section 190.80, unlawful possession of personal identification information in the third degree as defined in section 190.81, unlawful possession of personal identification information in the second degree as defined in section 190.82, unlawful possession of personal identification information in the first degree as defined in this section, grand larceny in the fourth degree as defined in section 155.30, grand larceny in the third degree as defined in section 155.35, grand larceny in the second degree as defined in section 155.40 or grand larceny in the first degree as defined in section 155.42 of this chapter.

Unlawful possession of personal identification information in the first degree is a class D felony.
 

Section 190.84 Defenses.

In any prosecution for identity theft or unlawful possession of personal identification information pursuant to this article, it shall be an affirmative defense, that the person charged with the offense:

1. was under twenty-one years of age at the time of committing the offense and the person used or possessed the personal identifying or identification information of another solely for the purpose of purchasing alcohol;

2. was under eighteen years of age at the time of committing the offense and the person used or possessed the personal identifying or identification information of another solely for the purpose of purchasing tobacco products; or

3. used or possessed the personal identifying or identification information of another person solely for the purpose of misrepresenting the person's age to gain access to a place the access to which is restricted based on age.
 



TITLE L--OFFENSES AGAINST PUBLIC ADMINISTRATION
ARTICLE 195--OFFICIAL MISCONDUCT AND OBSTRUCTION OF PUBLIC SERVANTS GENERALLY

Section 195.00 Official misconduct

 A public servant is guilty of official misconduct when, with intent to obtain a benefit or deprive another person of a benefit:

 1. He commits an act relating to his office but constituting an unauthorized exercise of his official functions, knowing that such act is unauthorized;  or

 2. He knowingly refrains from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office.

 Official misconduct is a class A misdemeanor.
 

Section 195.05 Obstructing governmental administration in the second degree

 A person is guilty of obstructing governmental administration when he intentionally obstructs, impairs or perverts the administration of law or other governmental function or prevents or attempts to prevent a public servant from performing an official function, by means of intimidation, physical force or interference, or by means of any independently unlawful act, or by means of interfering, whether or not physical force is involved, with radio, telephone, television or other telecommunications systems owned or operated by the state, or a county, city, town, village, fire district or emergency medical service or by means of releasing a dangerous animal under circumstances evincing the actors intent that the animal obstruct governmental administration. .

 Obstructing governmental administration is a class A misdemeanor.
 

Section 195.06 Killing or injuring a police animal

 A person is guilty of killing or injuring a police animal when such person intentionally kills or injures any animal while such animal is in the performance of its duties and under the supervision of a police or peace officer.

 Killing or injuring a police animal is a class A misdemeanor.
 

Section 195.07 Obstructing governmental administration in the first degree

 A person is guilty of obstructing governmental administration in the first degree when he commits the crime of obstructing governmental administration in the second degree by means of interfering with a telecommunications system thereby causing serious physical injury to another person.

 Obstructing governmental administration in the first degree is a class E felony.
 

Section 195.08 Obstructing governmental administration by means of a self-defense spray device

 A person is guilty of obstructing governmental administration by means of a self-defense spray device when, with the intent to prevent a police officer or peace officer from performing a lawful duty, he causes temporary physical impairment to a police officer or peace officer by intentionally discharging a self-defense spray device, as defined in paragraph fourteen of subdivision a of section 265.20 of this chapter, thereby causing such temporary physical impairment.

 Obstructing governmental administration by means of a self-defense spray device is a class D felony.
 

Section 195.10 Refusing to aid a peace or a police officer

 A person is guilty of refusing to aid a peace or a police officer when, upon command by a peace or a police officer identifiable or identified to him as such, he unreasonably fails or refuses to aid such peace or a police officer in effecting an arrest, or in preventing the commission by another person of any offense.

 Refusing to aid a peace or a police officer is a class B misdemeanor.
 

Section 195.11 Harming an animal trained to aid a person with a disability in the second degree

 A person is guilty of harming an animal trained to aid a person with a disability in the second degree when such person intentionally causes physical injury to such animal while it is in the performance of aiding a person with a disability, and thereby renders such animal incapable of providing such aid to such person, or to another person with a disability.

 For purposes of this section and section 195.12 of this article, the term "disability" means "disability" as defined in subdivision twenty-one of section two hundred ninety-two of the executive law.

 Harming an animal trained to aid a person with a disability in the second degree is a class B misdemeanor.
 

Section 195.12 Harming an animal trained to aid a person with a disability in the first degree

 A person is guilty of harming an animal trained to aid a person with a disability in the first degree when such person:

 1. intentionally causes physical injury to such animal while it is in the performance of aiding a person with a disability, and thereby renders such animal permanently incapable of providing such aid to such person, or to another person with a disability;  or

 2. intentionally kills such animal while it is in the performance of aiding a person with a disability.

 Harming an animal trained to aid a person with a disability in the first degree is a class A misdemeanor.
 

Section 195.15 Obstructing firefighting operations

 A person is guilty of obstructing firefighting operations when he intentionally and unreasonably obstructs the efforts of any:

 1. fireman in extinguishing a fire, or prevents or dissuades another from extinguishing or helping to extinguish a fire;  or

 2. fireman, police officer or peace officer in performing his duties in circumstances involving an imminent danger created by an explosion, threat of explosion or the presence of toxic fumes or gases.

 Obstructing firefighting operations is a class A misdemeanor.

Section 195.16 Obstructing emergency medical services.

A person is guilty of obstructing emergency medical services when he or she intentionally and unreasonably obstructs the efforts of any service, technician, personnel, system or unit specified in section three thousand one of the public health law in the performance of their duties. 

Obstructing emergency medical services is a class A misdemeanor. 

Section 195.20 Defrauding the government

 A person is guilty of defrauding the government when, being a public servant or party officer, he:

 (a) engages in a scheme constituting a systematic ongoing course of conduct with intent to defraud the state or a political subdivision of the state or a governmental instrumentality within the state or to obtain property from the state or a political subdivision of the state or a governmental instrumentality within the state by false or fraudulent pretenses, representations or promises and

 (b) so obtains property with a value in excess of one thousand dollars from such state, political subdivision or governmental instrumentality.

 Defrauding the government is a class E felony.


ARTICLE 200--BRIBERY INVOLVING PUBLIC SERVANTS AND RELATED OFFENSES

 Section 200.00 Bribery in the third degree

 A person is guilty of bribery in the third degree when he confers, or offers or agrees to confer, any benefit upon a public servant upon an agreement or understanding that such public servant's vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced.

 Bribery in the third degree is a class D felony.
 

Section 200.03 Bribery in the second degree

 A person is guilty of bribery in the second degree when he confers, or offers or agrees to confer, any benefit valued in excess of ten thousand dollars upon a public servant upon an agreement or understanding that such public servant's vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced.

 Bribery in the second degree is a class C felony.
 

Section 200.04 Bribery in the first degree

 A person is guilty of bribery in the first degree when he confers, or offers or agrees to confer, any benefit upon a public servant upon an agreement or understanding that such public servant's vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced in the investigation, arrest, detention, prosecution, or incarceration of any person for the commission or alleged commission of a class A felony defined in article two hundred twenty of the penal law or an attempt to commit any such class A felony.

 Bribery in the first degree is a class B felony.
 

Section 200.05 Bribery;  defense

 In any prosecution for bribery, it is a defense that the defendant conferred or agreed to confer the benefit involved upon the public servant involved as a result of conduct of the latter constituting larceny committed by means of extortion, or an attempt to commit the same, or coercion, or an attempt to commit coercion.
 

Section 200.10 Bribe receiving in the third degree

 A public servant is guilty of bribe receiving in the third degree when he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that his vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced.

 Bribe receiving in the third degree is a class D felony.
 

Section 200.11 Bribe receiving in the second degree

 A public servant is guilty of bribe receiving in the second degree when he solicits, accepts or agrees to accept any benefit valued in excess of ten thousand dollars from another person upon an agreement or understanding that his vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced.

 Bribe receiving in the second degree is a class C felony.
 

Section 200.12 Bribe receiving in the first degree

 A public servant is guilty of bribe receiving in the first degree when he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that his vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced in the investigation, arrest, detention, prosecution or incarceration of any person for the commission or alleged commission of a class A felony defined in article two hundred twenty of the penal law or an attempt to commit any such class A felony.

 Bribe receiving in the first degree is a class B felony.
 

Section 200.15 Bribe receiving;  no defense

 1. The crimes of (a) bribe receiving, and (b) larceny committed by means of extortion, attempt to commit the same, coercion and attempt to commit coercion, are not mutually exclusive, and it is no defense to a prosecution for bribe receiving that, by reason of the same conduct, the defendant also committed one of such other specified crimes.

 2. It is no defense to a prosecution pursuant to the provisions of this article that the public servant did not have power or authority to perform the act or omission for which the alleged bribe, gratuity or reward was given.
 

Section 200.20 Rewarding official misconduct in the second degree

 A person is guilty of rewarding official misconduct in the second degree when he knowingly confers, or offers or agrees to confer, any benefit upon a public servant for having violated his duty as a public servant.

 Rewarding official misconduct in the second degree is a class E felony.
.

Section 200.22 Rewarding official misconduct in the first degree

 A person is guilty of rewarding official misconduct in the first degree when he knowingly confers, or offers or agrees to confer, any benefit upon a public servant for having violated his duty as a public servant in the investigation, arrest, detention, prosecution, or incarceration of any person for the commission or alleged commission of a class A felony defined in article two hundred twenty of the penal law or the attempt to commit any such class A felony.

 Rewarding official misconduct in the first degree is a class C felony.
 

Section 200.25 Receiving reward for official misconduct in the second degree

 A public servant is guilty of receiving reward for official misconduct in the second degree when he solicits, accepts or agrees to accept any benefit from another person for having violated his duty as a public servant.

 Receiving reward for official misconduct in the second degree is a class E felony.
 

Section 200.27 Receiving reward for official misconduct in the first degree

 A public servant is guilty of receiving reward for official misconduct in the first degree when he solicits, accepts or agrees to accept any benefit from another person for having violated his duty as a public servant in the investigation, arrest, detention, prosecution, or incarceration of any person for the commission or alleged commission of a class A felony defined in article two hundred twenty of the penal law or the attempt to commit any such class A felony.

 Receiving reward for official misconduct in the first degree is a class C felony.
 

Section 200.30 Giving unlawful gratuities

 A person is guilty of giving unlawful gratuities when he knowingly confers, or offers or agrees to confer, any benefit upon a public servant for having engaged in official conduct which he was required or authorized to perform, and for which he was not entitled to any special or additional compensation.

 Giving unlawful gratuities is a class A misdemeanor.
 

Section 200.35 Receiving unlawful gratuities

 A public servant is guilty of receiving unlawful gratuities when he solicits, accepts or agrees to accept any benefit for having engaged in official conduct which he was required or authorized to perform, and for which he was not entitled to any special or additional compensation.
 Receiving unlawful gratuities is a class A misdemeanor.
 

Section 200.40 Bribe giving and bribe receiving for public office;  definition of term

 As used in sections 200.45 and 200.50, "party officer" means a person who holds any position or office in a political party, whether by election, appointment or otherwise.
 

Section 200.45 Bribe giving for public office

 A person is guilty of bribe giving for public office when he confers, or offers or agrees to confer, any money or other property upon a public servant or a party officer upon an agreement or understanding that some person will or may be appointed to a public office or designated or nominated as a candidate for public office.

 Bribe giving for public office is a class D felony.
 

Section 200.50 Bribe receiving for public office

 A public servant or a party officer is guilty of bribe receiving for public office when he solicits, accepts or agrees to accept any money or other property from another person upon an agreement or understanding that some person will or may be appointed to a public office or designated or nominated as a candidate for public office.

 Bribe receiving for public office is a class D felony.


ARTICLE 205--ESCAPE AND OTHER OFFENSES RELATING TO CUSTODY

Section 205.00 Escape and other offenses relating to custody;  definitions of terms

 The following definitions are applicable to this article:

 1. "Detention Facility" means any place used for the confinement, pursuant to an order of a court, of a person (a) charged with or convicted of an offense, or (b) charged with being or adjudicated a youthful offender, person in need of supervision or juvenile delinquent, or (c) held for extradition or as a material witness, or (d) otherwise confined pursuant to an order of a court.

 2. "Custody" means restraint by a public servant pursuant to an authorized arrest or an order of a court.

 3. "Contraband" means any article or thing which a person confined in a detention facility is prohibited from obtaining or possessing by statute, rule, regulation or order.

 4. "Dangerous contraband" means contraband which is capable of such use as may endanger the safety or security of a detention facility or any person therein.
 

Section 205.05 Escape in the third degree

 A person is guilty of escape in the third degree when he escapes from custody.

 Escape in the third degree is a class A misdemeanor.
 

Section 205.10 Escape in the second degree

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

 1. He escapes from a detention facility;  or

 2. Having been arrested for, charged with or convicted of a class C, class D or class E felony, he escapes from custody;  or

 3. Having been adjudicated a youthful offender, which finding was substituted for the conviction of a felony, he escapes from custody.

 Escape in the second degree is a class E felony.
 

Section 205.15 Escape in the first degree

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

 1. Having been charged with or convicted of a felony, he escapes from a detention facility;  or

 2. Having been arrested for, charged with or convicted of a class A or class B felony, he escapes from custody;  or

 3. Having been adjudicated a youthful offender, which finding was substituted for the conviction of a felony, he escapes from a detention facility.

 Escape in the first degree is a class D felony.
 

Section 205.16 Absconding from temporary release in the second degree [Expires Sept. 1, 2007]

 A person is guilty of absconding from temporary release in the second degree when having been released from confinement in a correctional institution or division for youth facility to participate in a program of work release, he intentionally fails to return to the institution or facility of his confinement at or before the time prescribed for his return.

 Absconding from temporary release in the second degree is a class A misdemeanor.
 

Section 205.17 Absconding from temporary release in the first degree [Expires Sept. 1, 2007]

A person is guilty of absconding from temporary release in the first degree when having been released from confinement in a correctional institution under the jurisdiction of the state department of correctional services or a facility under the jurisdiction of the state division for youth to participate in a program of temporary release, he intentionally fails to return to the institution or facility of his confinement at or before the time prescribed for his return.

 Absconding from temporary release in the first degree is a class E felony.
 

Section 205.18 Absconding from a furlough program [Expires Sept. 1, 20057

 A person is guilty of absconding from a furlough program when, having been released from confinement in an institution under the jurisdiction of the commissioner of correction in a city having a population of one million or more or of a county which elects to have this article apply thereto to participate in a furlough program, he intentionally fails to return to the institution of his confinement at or before the time prescribed for his return.

 Absconding from a furlough program is a class A misdemeanor.
 

Section 205.19 Absconding from a community treatment facility [Expires Sept. 1, 2007]

 A person is guilty of absconding from a community treatment facility when having been released from confinement from a correctional institution under the jurisdiction of the state department of correctional services by transfer to a community treatment facility, he leaves such facility without authorization or he intentionally fails to return to the community treatment facility at or before the time prescribed for his return.

 Absconding from a community treatment facility is a class E felony.
 

Section 205.20 Promoting prison contraband in the second degree

 A person is guilty of promoting prison contraband in the second degree when:
  1. He knowingly and unlawfully introduces any contraband into a detention facility;  or

  2. Being a person confined in a detention facility, he knowingly and unlawfully makes, obtains or possesses any contraband.

 Promoting prison contraband in the second degree is a class A misdemeanor.
 

Section 205.25 Promoting prison contraband in the first degree

 A person is guilty of promoting prison contraband in the first degree when:

  1. He knowingly and unlawfully introduces any dangerous contraband into a detention facility;  or

  2. Being a person confined in a detention facility, he knowingly and unlawfully makes, obtains or possesses any dangerous contraband.

 Promoting prison contraband in the first degree is a class D felony.
 

Section 205.30 Resisting arrest

 A person is guilty of resisting arrest when he intentionally prevents or attempts to prevent a police officer or peace officer from effecting an authorized arrest of himself or another person.

 Resisting arrest is a class A misdemeanor.
 

Section 205.50 Hindering prosecution;  definition of term

 As used in sections 205.55, 205.60 and 205.65, a person "renders criminal assistance" when, with intent to prevent, hinder or delay the discovery or apprehension of, or the lodging of a criminal charge against, a person who he knows or believes has committed a crime or is being sought by law enforcement officials for the commission of a crime, or with intent to assist a person in profiting or benefiting from the commission of a crime, he:

 1. Harbors or conceals such person;  or

 2. Warns such person of impending discovery or apprehension;  or

 3. Provides such person with money, transportation, weapon, disguise or other means of avoiding discovery or apprehension;  or

 4. Prevents or obstructs, by means of force, intimidation or deception, anyone from performing an act which might aid in the discovery or apprehension of such person or in the lodging of a criminal charge against him;  or

 5. Suppresses, by any act of concealment, alteration or destruction, any physical evidence which might aid in the discovery or apprehension of such person or in the lodging of a criminal charge against him;  or

 6. Aids such person to protect or expeditiously profit from an advantage derived from such crime.
 

Section 205.55 Hindering prosecution in the third degree

 A person is guilty of hindering prosecution in the third degree when he renders criminal assistance to a person who has committed a felony.

 Hindering prosecution in the third degree is a class A misdemeanor.
 

Section 205.60 Hindering prosecution in the second degree

 A person is guilty of hindering prosecution in the second degree when he renders criminal assistance to a person who has committed a class B or class C felony.

 Hindering prosecution in the second degree is a class E felony.
 

Section 205.65 Hindering prosecution in the first degree

 A person is guilty of hindering prosecution in the first degree when he renders criminal assistance to a person who has committed a class A felony, knowing or believing that such person has engaged in conduct constituting a class A felony.

 Hindering prosecution in the first degree is a class D felony.


ARTICLE 210--PERJURY AND RELATED OFFENSES

Section 210.00 Perjury and related offenses;  definitions of terms

 The following definitions are applicable to this article:

 1. "Oath" includes an affirmation and every other mode authorized by law of attesting to the truth of that which is stated.

 2. "Swear" means to state under oath.

 3. "Testimony" means an oral statement made under oath in a proceeding before any court, body, agency, public servant or other person authorized by law to conduct such proceeding and to administer the oath or cause it to be administered.

 4. "Oath required by law."  An affidavit, deposition or other subscribed written instrument is one for which an "oath is required by law" when, absent an oath or swearing thereto, it does not or would not, according to statute or appropriate regulatory provisions, have legal efficacy in a court of law or before any public or governmental body, agency or public servant to whom it is or might be submitted.

 5. "Swear falsely."  A person "swears falsely" when he intentionally makes a false statement which he does not believe to be true (a) while giving testimony, or (b) under oath in a subscribed written instrument.  A false swearing in a subscribed written instrument shall not be deemed complete until the instrument is delivered by its subscriber, or by someone acting in his behalf, to another person with intent that it be uttered or published as true.

 6. "Attesting officer" means any notary public or other person authorized by law to administer oaths in connection with affidavits, depositions and other subscribed written instruments, and to certify that the subscriber of such an instrument has appeared before him and has sworn to the truth of the contents thereof.

 7. "Jurat" means a clause wherein an attesting officer certifies, among other matters, that the subscriber has appeared before him and sworn to the truth of the contents thereof.
 

Section 210.05 Perjury in the third degree

 A person is guilty of perjury in the third degree when he swears falsely.

 Perjury in the third degree is a class A misdemeanor.
 

Section 210.10 Perjury in the second degree

 A person is guilty of perjury in the second degree when he swears falsely and when his false statement is (a) made in a subscribed written instrument for which an oath is required by law, and (b) made with intent to mislead a public servant in the performance of his official functions, and (c) material to the action, proceeding or matter involved.

 Perjury in the second degree is a class E felony.
 

Section 210.15 Perjury in the first degree

 A person is guilty of perjury in the first degree when he swears falsely and when his false statement (a) consists of testimony, and (b) is material to the action, proceeding or matter in which it is made.

 Perjury in the first degree is a class D felony.
 

Section 210.20 Perjury;  pleading and proof where inconsistent statements involved

 Where a person has made two statements under oath which are inconsistent to the degree that one of them is necessarily false, where the circumstances are such that each statement, if false, is perjuriously so, and where each statement was made within the jurisdiction of this state and within the period of the statute of limitations for the crime charged, the inability of the people to establish specifically which of the two statements is the false one does not preclude a prosecution for perjury, and such prosecution may be conducted as follows:

 1. The indictment or information may set forth the two statements and, without designating either, charge that one of them is false and perjuriously made.

 2. The falsity of one or the other of the two statements may be established by proof or a showing of their irreconcilable inconsistency.

 3. The highest degree of perjury of which the defendant may be convicted is determined by hypothetically assuming each statement to be false and perjurious.  If under such circumstances perjury of the same degree would be established by the making of each statement, the defendant may be convicted of that degree at most.  If perjury of different degrees would be established by the making of the two statements, the defendant may be convicted of the lesser degree at most.
 

Section 210.25 Perjury;  defense

 In any prosecution for perjury, it is an affirmative defense that the defendant retracted his false statement in the course of the proceeding in which it was made before such false statement substantially affected the proceeding and before it became manifest that its falsity was or would be exposed.
 

Section 210.30 Perjury;  no defense

 It is no defense to a prosecution for perjury that:

 1. The defendant was not competent to make the false statement alleged;  or

 2. The defendant mistakenly believed the false statement to be immaterial;  or

 3. The oath was administered or taken in an irregular manner or that the authority or jurisdiction of the attesting officer who administered the oath was defective, if such defect was excusable under any statute or rule of law.
 

Section 210.35 Making an apparently sworn false statement in the second degree

 A person is guilty of making an apparently sworn false statement in the second degree when (a) he subscribes a written instrument knowing that it contains a statement which is in fact false and which he does not believe to be true, and (b) he intends or believes that such instrument will be uttered or delivered with a jurat affixed thereto, and (c) such instrument is uttered or delivered with a jurat affixed thereto.

 Making an apparently sworn false statement in the second degree is a class A misdemeanor.
 

Section 210.40 Making an apparently sworn false statement in the first degree

 A person is guilty of making an apparently sworn false statement in the first degree when he commits the crime of making an apparently sworn false statement in the second degree, and when (a) the written instrument involved is one for which an oath is required by law, and (b) the false statement contained therein is made with intent to mislead a public servant in the performance of his official functions, and (c) such false statement is material to the action, proceeding or matter involved.

 Making an apparently sworn false statement in the first degree is a class E felony.
 

Section 210.45 Making a punishable false written statement

 A person is guilty of making a punishable false written statement when he knowingly makes a false statement, which he does not believe to be true, in a written instrument bearing a legally authorized form notice to the effect that false statements made therein are punishable.

 Making a punishable false written statement is a class A misdemeanor.
 

Section 210.50 Perjury and related offenses;  requirement of corroboration

 In any prosecution for perjury, except a prosecution based upon inconsistent statements pursuant to section 210.20, or in any prosecution for making an apparently sworn false statement, or making a punishable false written statement, falsity of a statement may not be established by the uncorroborated testimony of a single witness.


ARTICLE 215--OTHER OFFENSES RELATING TO JUDICIAL AND OTHER PROCEEDINGS

Section 215.00 Bribing a witness

 A person is guilty of bribing a witness when he confers, or offers or agrees to confer, any benefit upon a witness or a person about to be called as a witness in any action or proceeding upon an agreement or understanding that (a) the testimony of such witness will thereby be influenced, or (b) such witness will absent himself from, or otherwise avoid or seek to avoid appearing or testifying at, such action or proceeding.

 Bribing a witness is a class D felony.
 

Section 215.05 Bribe receiving by a witness

 A witness or a person about to be called as a witness in any action or proceeding is guilty of bribe receiving by a witness when he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that (a) his testimony will thereby be influenced, or (b) he will absent himself from, or otherwise avoid or seek to avoid appearing or testifying at, such action or proceeding.

 Bribe receiving by a witness is a class D felony.
 

Section 215.10 Tampering with a witness in the fourth degree

 A person is guilty of tampering with a witness when, knowing that a person is or is about to be called as a witness in an action or proceeding, (a) he wrongfully induces or attempts to induce such person to absent himself from, or otherwise to avoid or seek to avoid appearing or testifying at, such action or proceeding, or (b) he knowingly makes any false statement or practices any fraud or deceit with intent to affect the testimony of such person.

 Tampering with a witness in the fourth degree is a class A misdemeanor.
 

Section 215.11 Tampering with a witness in the third degree

 A person is guilty of tampering with a witness in the third degree when, knowing that a person is about to be called as a witness in a criminal proceeding:

 1. He wrongfully compels or attempts to compel such person to absent himself from, or otherwise to avoid or seek to avoid appearing or testifying at such proceeding by means of instilling in him a fear that the actor will cause physical injury to such person or another person;  or
 2. He wrongfully compels or attempts to compel such person to swear falsely by means of instilling in him a fear that the actor will cause physical injury to such person or another person.

 Tampering with a witness in the third degree is a class E felony.
 

Section 215.12 Tampering with a witness in the second degree

 A person is guilty of tampering with a witness in the second degree when he:

 1. Intentionally causes physical injury to a person for the purpose of obstructing, delaying, preventing or impeding the giving of testimony in a criminal proceeding by such person or another person or for the purpose of compelling such person or another person to swear falsely;  or

 2. He intentionally causes physical injury to a person on account of such person or another person having testified in a criminal proceeding.

 Tampering with a witness in the second degree is a class D felony.
 

Section 215.13 Tampering with a witness in the first degree

 A person is guilty of tampering with a witness in the first degree when:

 1. He intentionally causes serious physical injury to a person for the purpose of obstructing, delaying, preventing or impeding the giving of testimony in a criminal proceeding by such person or another person or for the purpose of compelling such person or another person to swear falsely;  or

 2. He intentionally causes serious physical injury to a person on account of such person or another person having testified in a criminal proceeding.

 Tampering with a witness in the first degree is a class B felony.
 

Section 215.14 Employer unlawfully penalizing witness or victim

 1. Any person who is the victim of an offense upon which an accusatory instrument is based or, is subpoenaed to attend a criminal proceeding as a witness pursuant to article six hundred ten of the criminal procedure law or who exercises his rights as a victim as provided by section 380.50 or 390.30 of the criminal procedure law or subdivision two of section two hundred fifty-nine-i of the executive law and who notifies his employer or agent of his intent to appear as a witness, to consult with the district attorney, or to exercise his rights as provided in the criminal procedure law, the family court act and the executive law prior to the day of his attendance, shall not on account of his absence from employment by reason of such service be subject to discharge or penalty except as hereinafter provided.  Upon request of the employer or agent, the party who sought the attendance or testimony shall provide verification of the employee's service.  An employer may, however, withhold wages of any such employee during the period of such attendance.  The subjection of an employee to discharge or penalty on account of his absence from employment by reason of his required attendance as a witness at a criminal proceeding or consultation with the district attorney or exercise of his rights as provided under law shall constitute a class B misdemeanor.

 2. For purposes of this section, the term "victim" shall include the aggrieved party or the aggrieved party's next of kin, if the aggrieved party is deceased as a result of the offense, the representative of a victim as defined in subdivision six of section six hundred twenty-one of the executive law, a good samaritan as defined in subdivision seven of section six hundred twenty-one of such law or a person pursuing an application or enforcement of an order of protection under the criminal procedure law or the family court act.
 

Section 215.15 Intimidating a victim or witness in the third degree

 A person is guilty of intimidating a victim or witness in the third degree when, knowing that another person possesses information relating to a criminal transaction and other than in the course of that criminal transaction or immediate flight therefrom, he:

 1. Wrongfully compels or attempts to compel such other person to refrain from communicating such information to any court, grand jury, prosecutor, police officer or peace officer by means of instilling in him a fear that the actor will cause physical injury to such other person or another person;  or

 2. Intentionally damages the property of such other person or another person for the purpose of compelling such other person or another person to refrain from communicating, or on account of such other person or another person having communicated, information relating to that criminal transaction to any court, grand jury, prosecutor, police officer or peace officer.

 Intimidating a victim or witness in the third degree is a class E felony.
 

Section 215.16 Intimidating a victim or witness in the second degree

 A person is guilty of intimidating a victim or witness in the second degree when, other than in the course of that criminal transaction or immediate flight therefrom, he:

 1. Intentionally causes physical injury to another person for the purpose of obstructing, delaying, preventing or impeding the communication by such other person or another person of information relating to a criminal transaction to any court, grand jury, prosecutor, police officer or peace officer or for the purpose of compelling such other person or another person to swear falsely;  or

 2. Intentionally causes physical injury to another person on account of such other person or another person having communicated information relating to a criminal transaction to any court, grand jury, prosecutor, police officer or peace officer;  or

 3. Recklessly causes physical injury to another person by intentionally damaging the property of such other person or another person, for the purpose of obstructing, delaying, preventing or impeding such other person or another person from communicating, or on account of such other person or another person having communicated, information relating to a criminal transaction to any court, grand jury, prosecutor, police officer or peace officer.

 Intimidating a victim or witness in the second degree is a class D felony.
 

Section 215.17 Intimidating a victim or witness in the first degree

 A person is guilty of intimidating a victim or witness in the first degree when, other than in the course of that criminal transaction or immediate flight therefrom, he:

 1. Intentionally causes serious physical injury to another person for the purpose of obstructing, delaying, preventing or impeding the communication by such other person or another person of information relating to a criminal transaction to any court, grand jury, prosecutor, police officer or peace officer or for the purpose of compelling such other person or another person to swear falsely;  or

 2. Intentionally causes serious physical injury to another person on account of such other person or another person having communicated information relating to a criminal transaction to any court, grand jury, prosecutor, police officer or peace officer.

 Intimidating a victim or witness in the first degree is a class B felony.
 

Section 215.19 Bribing a juror

 A person is guilty of bribing a juror when he confers, or offers or agrees to confer, any benefit upon a juror upon an agreement or understanding that such juror's vote, opinion, judgment, decision or other action as a juror will thereby be influenced.

 Bribing a juror is a class D felony.
 

Section 215.20 Bribe receiving by a juror

 A juror is guilty of bribe receiving by a juror when he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that his vote, opinion, judgment, decision or other action as a juror will thereby be influenced.

 Bribe receiving by a juror is a class D felony.
 

Section 215.22 Providing a juror with gratuity

A person is guilty of providing a juror with gratuity when he or she, having been in a party in a concluded civil or criminal action or proceeding or having been a person with regard to whom a grand jury has taken action pursuant to any subdivision of section 190.60 of the criminal procedure law (or acting on behalf of such a party or such a person), directly or indirectly confers, offers to confer or agrees to confer upon a person whom he or she knows has served as a juror in such action or proceeding or on such grand jury benefit with intent to reward such person for such service.

 Providing a juror with gratuity is a class A misdemeanor.
 

Section 215.23 Tampering with a juror in the second degree

 A person is guilty of tampering with a juror in the second degree when, prior to discharge of the jury, he:

 1. confers, or offers or agrees to confer, any payment or benefit upon a juror or upon a third person acting on behalf of such juror, in consideration for such juror or third person supplying information in relation to an action or proceeding pending or about to be brought before such juror;  or

 2. acting on behalf of a juror, accepts or agrees to accept any payment or benefit for himself or for such juror, in consideration for supplying any information in relation to an action or proceeding pending or about to be brought before such juror and prior to his discharge.

 Tampering with a juror in the second degree is a class B misdemeanor.
 

Section 215.25 Tampering with a juror in the first degree

 A person is guilty of tampering with a juror in the first degree when, with intent to influence the outcome of an action or proceeding, he communicates with a juror in such action or proceeding, except as authorized by law.

 Tampering with a juror in the first degree is a class A misdemeanor.
 

Section 215.28 Misconduct by a juror in the second degree

 A person is guilty of misconduct by a juror in the second degree when, in relation to an action or proceeding pending or about to be brought before him and prior to discharge, he accepts or agrees to accept any payment or benefit for himself or for a third person in consideration for supplying any information concerning such action or proceeding.

 Misconduct by a juror in the second degree is a violation.
 

Section 215.30 Misconduct by a juror in the first degree

 A juror is guilty of misconduct by a juror in the first degree when, in relation to an action or proceeding pending or about to be brought before him, he agrees to give a vote, opinion, judgment, decision or report for or against any party to such action or proceeding.

 Misconduct by a juror in the first degree is a class A misdemeanor.
 

Section 215.35 Tampering with physical evidence;  definitions of terms

 The following definitions are applicable to section 215.40:

 1. "Physical evidence" means any article, object, document, record or other thing of physical substance which is or is about to be produced or used as evidence in an official proceeding.

 2. "Official proceeding" means any action or proceeding conducted by or before a legally constituted judicial, legislative, administrative or other governmental agency or official, in which evidence may properly be received.
 

Section 215.40 Tampering with physical evidence

 A person is guilty of tampering with physical evidence when:

  1. With intent that it be used or introduced in an official proceeding or a prospective official proceeding, he (a) knowingly makes, devises or prepares false physical evidence, or (b) produces or offers such evidence at such a proceeding knowing it to be false;  or

  2. Believing that certain physical evidence is about to be produced or used in an official proceeding or a prospective official proceeding, and intending to prevent such production or use, he suppresses it by any act of concealment,  alteration or destruction, or by employing force, intimidation or deception against any person.

 Tampering with physical evidence is a class E felony.
 

Section 215.45 Compounding a crime

 1. A person is guilty of compounding a crime when:

  (a) He solicits, accepts or agrees to accept any benefit upon an agreement or understanding that he will refrain from initiating a prosecution for a crime; or

  (b) He confers, or offers or agrees to confer, any benefit upon another person upon an agreement or understanding that such other person will refrain from initiating a prosecution for a crime.

 2. In any prosecution under this section, it is an affirmative defense that the benefit did not exceed an amount which the defendant reasonably believed to be due as restitution or indemnification for harm caused by the crime.

 Compounding a crime is a class A misdemeanor.
 

Section 215.50 Criminal contempt in the second degree

 A person is guilty of criminal contempt in the second degree when he engages in any of the following conduct:

  1. Disorderly, contemptuous, or insolent behavior, committed during the sitting of a court, in its immediate view and presence and directly tending to interrupt its proceedings or to impair the respect due to its authority;  or

  2. Breach of the peace, noise, or other disturbance, directly tending to interrupt a court's proceedings;  or

  3. Intentional disobedience or resistance to the lawful process or other mandate of a court except in cases involving or growing out of labor disputes as defined by subdivision two of section seven hundred fifty-three-a of the judiciary law;  or

  4. Contumacious and unlawful refusal to be sworn as a witness in any court proceeding or, after being sworn, to answer any legal and proper interrogatory;  or

  5. Knowingly publishing a false or grossly inaccurate report of a court's proceeding;  or

  6. Intentional failure to obey any mandate, process or notice, issued pursuant to articles sixteen, seventeen, eighteen, or eighteen-a of the judiciary law, or to rules adopted pursuant to any such statute or to any special statute establishing commissioners of jurors and prescribing their duties or who refuses to be sworn as provided therein; or

  7. On or along a public street or sidewalk within a radius of two hundred feet of any building established as a courthouse, he calls aloud, shouts, holds or displays placards or signs containing written or printed matter, concerning the conduct of a trial being held in such courthouse or the character of the court or jury engaged in such trial or calling for or demanding any specified action or determination by such court or jury in  connection with such trial.

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

Section 215.51 Criminal contempt in the first degree

 A person is guilty of criminal contempt in the first degree when:

 (a) he contumaciously and unlawfully refuses to be sworn as a witness before a grand jury, or, when after having been sworn as a witness before a grand jury, he refuses to answer any legal and proper interrogatory;  or

 (b) in violation of a duly served order of protection, or such order of which the defendant has actual knowledge because he or she was present in court when such order was issued, or an order of protection issued by a court of competent jurisdiction in this or another state, territorial or tribal jurisdiction, he or she:

  (i) intentionally places or attempts to place a person for whose protection such order was issued 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 by means of a threat or threats;  or

  (ii) intentionally places or attempts to place a person for whose protection such order was issued in reasonable fear of physical injury, serious physical injury or death by repeatedly following such person or engaging in a course of conduct or repeatedly committing acts over a period of time;  or

  (iii) intentionally places or attempts to place a person for whose protection such order was issued in reasonable fear of physical injury, serious physical injury or death when he or she communicates or causes a communication to be initiated with such person by mechanical or electronic means or otherwise, anonymously or otherwise, by telephone, or by telegraph, mail or any other form of written communication;  or

  (iv) with intent to harass, annoy, threaten or alarm a person for whose protection such order was issued, repeatedly makes telephone calls to such person, whether or not a conversation ensues, with no purpose of legitimate communication;  or

  (v) with intent to harass, annoy, threaten or alarm a person for whose protection such order was issued, strikes, shoves, kicks or otherwise subjects such other person to physical contact or attempts or threatens to do the same;  or

  (vi) by physical menace, intentionally places or attempts to place a person for whose protection such order was issued in reasonable fear of death, imminent serious physical injury or physical injury.

 (c) he or she commits the crime of criminal contempt in the second degree as defined in subdivision three of section 215.50 of this article by violating that part of a duly served order of protection, or such order of which the defendant has actual knowledge because he or she was present in court when such order was issued, under sections two hundred forty and two hundred fifty-two of the domestic relations law, articles four, five, six and eight of the family court act and 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 requires the respondent or defendant to stay away from the person or persons on whose behalf the order was issued, and where the defendant has been previously convicted of the crime of criminal contempt in the second degree by violating an order of protection as described herein within the preceding five years;  or

 (d) in violation of a duly served order of protection, or such order of which the defendant has actual knowledge because he was present in court when such order was issued, or an order issued by a court of competent jurisdiction in this or another state, territorial or tribal jurisdiction, he intentionally or recklessly damages the property of a person for whose protection such order was issued in an amount exceeding two hundred fifty dollars.

 Criminal contempt in the first degree is a class E felony.
 

Section 215.52 Aggravated criminal contempt

 A person is guilty of aggravated criminal contempt when in violation of a duly served order of protection, or such order of which the defendant has actual knowledge because he or she was present in court when such order was issued, or an order of protection issued by a court of competent jurisdiction in another state, territorial or tribal jurisdiction, he or she intentionally or recklessly causes physical injury or serious physical injury to a person for whose protection such order was issued.

 Aggravated criminal contempt is a class D felony.
 

Section 215.54 Criminal contempt;  prosecution and punishment

 Adjudication for criminal contempt under subdivision A of section seven hundred fifty of the judiciary law shall not bar a prosecution for the crime of criminal contempt under section 215.50 based upon the same conduct but, upon conviction thereunder, the court, in sentencing the defendant shall take the previous punishment into consideration.
 

Section 215.55 Bail jumping in the third degree

 A person is guilty of bail jumping in the third degree when by court order he has been released from custody or allowed to remain at liberty, either upon bail or upon his own recognizance, upon condition that he will subsequently appear personally in connection with a criminal action or proceeding, and when he does not appear personally on the required date or voluntarily within thirty days thereafter.

 Bail jumping in the third degree is a class A misdemeanor.
 

Section 215.56 Bail jumping in the second degree

 A person is guilty of bail jumping in the second degree when by court order he has been released from custody or allowed to remain at liberty, either upon bail or upon his own recognizance, upon condition that he will subsequently appear personally in connection with a charge against him of committing a felony, and when he does not appear personally on the required date or voluntarily within thirty days thereafter.

 Bail jumping in the second degree is a class E felony.
 

Section 215.57 Bail jumping in the first degree

 A person is guilty of bail jumping in the first degree when by court order he has been released from custody or allowed to remain at liberty, either upon bail or upon his own recognizance, upon condition that he will subsequently appear personally in connection with an indictment pending against him which charges him with the commission of a class A or class B felony, and when he does not appear personally on the required date or voluntarily within thirty days thereafter.

 Bail jumping in the first degree is a class D felony.
 

Section 215.58 Failing to respond to an appearance ticket

 1. A person is guilty of failing to respond to an appearance ticket when, having been personally served with an appearance ticket, as defined in subdivision two, based upon his alleged commission of a crime, he does not appear personally in the court in which such appearance ticket is returnable on the return date thereof or voluntarily within thirty days thereafter.

 2. As used in this section, an appearance ticket means a written notice, whether referred to as a summons or by any other name, issued by a police officer, peace officer or other non-judicial public servant authorized by law to issue the same, directing a designated person to appear in a designated court at a designated future time in connection with a criminal action to be instituted in such court with respect to his alleged commission of a designated offense.

 3. This section does not apply to any case in which an alternative to response to an appearance ticket is authorized by law and the actor complies with such alternative procedure.

 Failing to respond to an appearance ticket is a violation.
 

Section 215.59 Bail jumping and failing to respond to an appearance ticket;  defense

 In any prosecution for bail jumping or failing to respond to an appearance ticket, it is an affirmative defense that:

 1. The defendant's failure to appear on the required date or within thirty days thereafter was unavoidable and due to circumstances beyond his control; and

 2. During the period extending from the expiration of the thirty day period to the commencement of the action, the defendant either:

  (a) appeared voluntarily as soon as he was able to do so, or

  (b) although he did not so appear, such failure of appearance was unavoidable and due to circumstances beyond his control.
 

Section 215.60 Criminal contempt of the legislature

 A person is guilty of criminal contempt of the legislature when, having been duly subpoenaed to attend as a witness before either house of the legislature or before any committee thereof, he:

  1. Fails or refuses to attend without lawful excuse;  or

  2. Refuses to be sworn;  or

  3. Refuses to answer any material and proper question;  or

  4. Refuses, after reasonable notice, to produce books, papers, or documents in his possession or under his control which constitute material and proper  evidence.

 Criminal contempt of the legislature is a class A misdemeanor.
 

Section 215.65 Criminal contempt of a temporary state commission

 A person is guilty of criminal contempt of a temporary state commission when, having been duly subpoenaed to attend as a witness at an investigation or hearing before a temporary state commission, he fails or refuses to attend without lawful excuse.

 Criminal contempt of a temporary state commission is a class A misdemeanor.
 

Section 215.66 Criminal contempt of the state commission on judicial conduct

 A person is guilty of criminal contempt of the state commission on judicial conduct when, having been duly subpoenaed to attend as a witness at an investigation or hearing before the commission or a referee designated by the commission, he fails or refuses to attend without lawful excuse.

 Criminal contempt of the state commission on judicial conduct is a class A misdemeanor.
 

Section 215.70 Unlawful grand jury disclosure

 A person is guilty of unlawful grand jury disclosure when, being a grand juror, a public prosecutor, a grand jury stenographer, a grand jury interpreter, a police officer or a peace officer guarding a witness in a grand jury proceeding, or a clerk, attendant, warden or other public servant having official duties in or about a grand jury room or proceeding, or a public officer or public employee, he intentionally discloses to another the nature or substance of any grand jury testimony, or any decision, result or other matter attending a grand jury proceeding which is required by law to be kept secret, except in the proper discharge of his official duties or upon written order of the court.  Nothing contained herein shall prohibit a witness from disclosing his own testimony.

 Unlawful grand jury disclosure is a class E felony.
 

Section 215.75 Unlawful disclosure of an indictment

 A public servant is guilty of unlawful disclosure of an indictment when, except in the proper discharge of his official duties, he intentionally discloses the fact that an indictment has been found or filed before the accused person is in custody.

 Unlawful disclosure of an indictment is a class B misdemeanor.
 

Section 215.80 Unlawful disposition of assets subject to forfeiture

 Any defendant in a forfeiture action pursuant to article thirteen-A of the civil practice law and rules who knowingly and intentionally conceals, destroys, dissipates, alters, removes from the jurisdiction, or otherwise disposes of, property specified in a provisional remedy ordered by the court or in a judgment of forfeiture in knowing contempt of said order shall be guilty of a class A misdemeanor.


TITLE M--OFFENSES AGAINST PUBLIC HEALTH AND MORALS
ARTICLE 220--CONTROLLED SUBSTANCES OFFENSES

Section 220.00 Controlled substances;  definitions

 1. "Sell" means to sell, exchange, give or dispose of to another, or to offer or agree to do the same.

 2. "Unlawfully" means in violation of article thirty-three of the public health law.

 3. "Ounce" means an avoirdupois ounce as applied to solids or semisolids, and a fluid ounce as applied to liquids.

 4. "Pound" means an avoirdupois pound.

 5. "Controlled substance" means any substance listed in schedule I, II, III, IV or V of section thirty-three hundred six of the public health law other than marihuana, but including concentrated cannabis as defined in paragraph (a) of subdivision four of section thirty-three hundred two of such law.

 6. "Marihuana" means "marihuana" or "concentrated cannabis" as those terms are defined in section thirty-three hundred two of the public health law.

 7. "Narcotic drug" means any controlled substance listed in schedule I(b), I(c), II(b) or II(c) other than methadone.

 8. "Narcotic preparation" means any controlled substance listed in schedule III(d) or III(e).

 9. "Hallucinogen" means any controlled substance listed in schedule I(d) (5),  (18), (19), (20), (21) and (22).

 10. "Hallucinogenic substance" means any controlled substance listed in schedule I(d) other than concentrated cannabis, lysergic acid diethylamide, or an hallucinogen.

 11. "Stimulant" means any controlled substance listed in schedule I(f), II(d).

 12. "Dangerous depressant" means any controlled substance listed in schedule I(e)(2), (3), II(e), III(c)(3) or IV(c)(2), (31), (32), (40).

 13. "Depressant" means any controlled substance listed in schedule IV(c) except (c)(2), (31), (32), (40).

 14. "School grounds" means (a) in or on or within any building, structure, athletic playing field, playground or land contained within the real property boundary line of a public or private elementary, parochial, intermediate, junior high, vocational, or high school, or (b) any area accessible to the public located within one thousand feet of the real property boundary line comprising any such school or any parked automobile or other parked vehicle located within one thousand feet of the real property boundary line comprising any such school.  For the purposes of this section an "area accessible to the public" shall mean sidewalks, streets, parking lots, parks, playgrounds, stores and restaurants.

 15. "Prescription for a controlled substance" means a direction or authorization, by means of an official New York state prescription form, a written prescription form or an oral prescription, which will permit a person to lawfully obtain a controlled substance from any person authorized to dispense controlled substances.

16. For the purposes of sections 220.70, 220.71, 220.72, 220.73, 220.74, 220.75 and 220.76 of this article:

(a) "Precursor" means ephedrine, pseudoephedrine, or any salt, isomer or salt of an isomer of such substances.

(b) "Chemical reagent" means a chemical reagent that can be used in the manufacture, production or preparation of methamphetamine.

(c) "Solvent" means a solvent that can be used in the manufacture, production or preparation of methamphetamine.

(d) "Laboratory equipment" means any items, components or materials that can be used in the manufacture, preparation or production of methamphetamine.

(e) "Hazardous or dangerous material" means any substance, or combination of substances, that results from or is used in the manufacture, preparation or production of methamphetamine which, because of its quantity, concentration, or physical or chemical characteristics, poses a substantial risk to human health or safety, or a substantial danger to the environment.

Section 220.03 Criminal possession of a controlled substance in the seventh degree

 A person is guilty of criminal possession of a controlled substance in the seventh degree when he knowingly and unlawfully possesses a controlled substance.

 Criminal possession of a controlled substance in the seventh degree is a class A misdemeanor.
 

Section 220.06 Criminal possession of a controlled substance in the fifth degree

 A person is guilty of criminal possession of a controlled substance in the fifth degree when he knowingly and unlawfully possesses:

 1. a controlled substance with intent to sell it;  or

 2. one or more preparations, compounds, mixtures or substances containing a narcotic preparation and said preparations, compounds, mixtures or substances are of an aggregate weight of one-half ounce or more;  or

 3. phencyclidine and said phencyclidine weighs fifty milligrams or more;  or

 4. one or more preparations, compounds, mixtures or substances containing concentrated cannabis as defined in paragraph (a) of subdivision four of section thirty-three hundred two of the public health law and said preparations, compounds, mixtures or substances are of an aggregate weight of one-fourth ounce or more;  or

 5. cocaine and said cocaine weighs five hundred milligrams or more.

 6. ketamine and said ketamine weighs more than one thousand milligrams;  or

 7. ketamine and has previously been convicted of possession or the attempt to commit possession of ketamine in any amount; or 

 8. one or more preparations, compounds, mixtures or substances containing gamma hydroxybutyric acid, as defined in paragraph four of subdivision (e) of schedule I of section thirty-three hundred six of the public health law, and said preparations, compounds, mixtures or substances are of an aggregate weight of twenty-eight grams or more.

 Criminal possession of a controlled substance in the fifth degree is a class D felony.
 

Section 220.09 Criminal possession of a controlled substance in the fourth degree

 A person is guilty of criminal possession of a controlled substance in the fourth degree when he knowingly and unlawfully possesses:

 1. one or more preparations, compounds, mixtures or substances containing a narcotic drug and said preparations, compounds, mixtures or substances are of an aggregate weight of one-eighth ounce or more;  or

 2. one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers and said preparations, compounds, mixtures or substances are of an aggregate weight of one-half ounce or more;  or

 3. one or more preparations, compounds, mixtures or substances containing a narcotic preparation and said preparations, compounds, mixtures or substances are of an aggregate weight of two ounces or more;  or

 4. a stimulant and said stimulant weighs one gram or more;  or

 5. lysergic acid diethylamide and said lysergic acid diethylamide weighs one milligram or more;  or

 6. a hallucinogen and said hallucinogen weighs twenty-five milligrams or more;  or

 7. a hallucinogenic substance and said hallucinogenic substance weighs one gram or more;  or

 8. a dangerous depressant and such dangerous depressant weighs ten ounces or more;  or

 9. a depressant and such depressant weighs two pounds or more;  or

 10. one or more preparations, compounds, mixtures or substances containing concentrated cannabis as defined in paragraph (a) of subdivision four of section thirty-three hundred two of the public health law and said preparations, compounds, mixtures or substances are of an aggregate weight of one ounce or more;  or

 11. phencyclidine and said phencyclidine weighs two hundred fifty milligrams or more;  or

 12. methadone and said methadone weighs three hundred sixty milligrams or more;  or

 13. phencyclidine and said phencyclidine weighs fifty milligrams or more with intent to sell it and has previously been convicted of an offense defined in this article or the attempt or conspiracy to commit any such offense;  or

 14. ketamine and said ketamine weighs four thousand milligrams or more;

15. one or more preparations, compounds, mixtures or substances containing gamma hydroxybutyric acid, as defined in paragraph four of subdivision (e) of schedule I of section thirty-three hundred six of the public health law, and said preparations, compounds, mixtures or substances are of an aggregate weight of two hundred grams or more.

 Criminal possession of a controlled substance in the fourth degree is a class C felony.
 

Section 220.16 Criminal possession of a controlled substance in the third degree

 A person is guilty of criminal possession of a controlled substance in the third degree when he knowingly and unlawfully possesses:

 1. a narcotic drug with intent to sell it;  or

 2. a stimulant, hallucinogen, hallucinogenic substance, or lysergic acid diethylamide, with intent to sell it and has previously been convicted of an offense defined in article two hundred twenty or the attempt or conspiracy to commit any such offense;  or

 3. a stimulant with intent to sell it and said stimulant weighs one gram or more;  or

 4. lysergic acid diethylamide with intent to sell it and said lysergic acid diethylamide weighs one milligram or more;  or

 5. a hallucinogen with intent to sell it and said hallucinogen weighs twenty- five milligrams or more;  or

 6. a hallucinogenic substance with intent to sell it and said hallucinogenic substance weighs one gram or more;  or

 7. one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers with intent to sell it and said preparations, compounds, mixtures or substances are of an aggregate weight of one-eighth ounce or more;  or

 8. a stimulant and said stimulant weighs five grams or more;  or

 9. lysergic acid diethylamide and said lysergic acid diethylamide weighs five milligrams or more;  or

 10. a hallucinogen and said hallucinogen weighs one hundred twenty-five milligrams or more;  or

 11. a hallucinogenic substance and said hallucinogenic substance weighs five grams or more;  or

 12. one or more preparations, compounds, mixtures or substances containing a narcotic drug and said preparations, compounds, mixtures or substances are of an aggregate weight of one-half ounce or more;  or

 13. phencyclidine and said phencyclidine weighs one thousand two hundred fifty milligrams or more.

 Criminal possession of a controlled substance in the third degree is a class B felony.
 

Section 220.18 Criminal possession of a controlled substance in the second degree

 A person is guilty of criminal possession of a controlled substance in the second degree when he knowingly and unlawfully possesses:

 1. one or more preparations, compounds, mixtures or substances containing a narcotic drug and said preparations, compounds, mixtures or substances are of an aggregate weight of two ounces or more;  or

 2. one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers and said preparations, compounds, mixtures or substances are of an aggregate weight of two ounces or more;  or

 3. a stimulant and said stimulant weighs ten grams or more;  or

 4. lysergic acid diethylamide and said lysergic acid diethylamide weighs twenty-five milligrams or more;  or

 5. a hallucinogen and said hallucinogen weighs six hundred twenty-five milligrams or more;  or

 6. a hallucinogenic substance and said hallucinogenic substance weighs twenty-five grams or more;  or

 7. methadone and said methadone weighs two thousand eight hundred eighty milligrams or more.

 Criminal possession of a controlled substance in the second degree is a class A-II felony.
 

Section 220.21 Criminal possession of a controlled substance in the first degree

 A person is guilty of criminal possession of a controlled substance in the first degree when he knowingly and unlawfully possesses:

 1. one or more preparations, compounds, mixtures or substances containing a narcotic drug and said preparations, compounds, mixtures or substances are of an aggregate weight of four ounces or more;  or

 2. methadone and said methadone weighs five thousand seven hundred sixty milligrams or more.

 Criminal possession of a controlled substance in the first degree is a class A-I felony.
 

Section 220.25 Criminal possession of a controlled substance;  presumption

 1. The presence of a controlled substance in an automobile, other than a public omnibus, is presumptive evidence of knowing possession thereof by each and every person in the automobile at the time such controlled substance was found;  except that such presumption does not apply (a) to a duly licensed operator of an automobile who is at the time operating it for hire in the lawful and proper pursuit of his trade, or (b) to any person in the automobile if one of them, having obtained the controlled substance and not being under duress, is authorized to possess it and such controlled substance is in the same container as when he received possession thereof, or (c) when the controlled substance is concealed upon the person of one of the occupants.

 2. The presence of a narcotic drug, narcotic preparation, marihuana or phencyclidine in open view in a room, other than a public place, under circumstances evincing an intent to unlawfully mix, compound, package or otherwise prepare for sale such controlled substance is presumptive evidence of knowing possession thereof by each and every person in close proximity to such controlled substance at the time such controlled substance was found;  except that such presumption does not apply to any such persons if (a) one of them, having obtained such controlled substance and not being under duress, is authorized to possess it and such controlled substance is in the same container as when he received possession thereof, or (b) one of them has such controlled substance upon his person.
 

Section 220.31 Criminal sale of a controlled substance in the fifth degree

 A person is guilty of criminal sale of a controlled substance in the fifth degree when he knowingly and unlawfully sells a controlled substance.

 Criminal sale of a controlled substance in the fifth degree is a class D felony.
 

Section 220.34 Criminal sale of a controlled substance in the fourth degree

 A person is guilty of criminal sale of a controlled substance in the fourth degree when he knowingly and unlawfully sells:

 1. a narcotic preparation;  or

 2. a dangerous depressant or a depressant and the dangerous depressant weighs ten ounces or more, or the depressant weighs two pounds or more;  or

 3. concentrated cannabis as defined in paragraph (a) of subdivision four of section thirty-three hundred two of the public health law;  or

 4. phencyclidine and the phencyclidine weighs fifty milligrams or more;  or

 5. methadone;  or

 6. any amount of phencyclidine and has previously been convicted of an offense defined in this article or the attempt or conspiracy to commit any such offense;  or

 6-a. ketamine and said ketamine weighs four thousand milligrams or more.

 7. a controlled substance in violation of section 220.31 of this article, when such sale takes place upon school grounds, or

 8. a controlled substance in violation of section 220.31 of this article, when such sale takes place upon the grounds of a child day care or educational facility under circumstances evincing knowledge by the defendant that such sale is taking place upon such grounds. As used in this subdivision, the phrase "the grounds of a child day care or educational facility" shall have the same meaning as provided for in subdivision five of section 220.44 of this article. For the purposes of this subdivision, a rebuttable presumption shall be established that a person has knowledge that they are within the grounds of a child day care or educational facility when notice is conspicuously posted of the presence or proximity of such facility; or 

9. one or more preparations, compounds, mixtures or substances containing gamma hydroxybutyric acid, as defined in paragraph four of subdivision (e) of schedule I of section thirty-three hundred six of the public health law, and said preparations, compounds, mixtures or substances are of an aggregate weight of twenty-eight grams or more.

 Criminal sale of a controlled substance in the fourth degree is a class C felony.
 

Section 220.39 Criminal sale of a controlled substance in the third degree

 A person is guilty of criminal sale of a controlled substance in the third degree when he knowingly and unlawfully sells:

 1. a narcotic drug;  or

 2. a stimulant, hallucinogen, hallucinogenic substance, or lysergic acid diethylamide and has previously been convicted of an offense defined in article two hundred twenty or the attempt or conspiracy to commit any such offense;  or

 3. a stimulant and the stimulant weighs one gram or more;  or

 4. lysergic acid diethylamide and the lysergic acid diethylamide weighs one milligram or more;  or

 5. a hallucinogen and the hallucinogen weighs twenty-five milligrams or more;  or

 6. a hallucinogenic substance and the hallucinogenic substance weighs one gram or more;  or

 7. one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers and the preparations, compounds, mixtures or substances are of an aggregate weight of one-eighth ounce or more;  or

 8. phencyclidine and the phencyclidine weighs two hundred fifty milligrams or more;  or

 9. a narcotic preparation to a person less than twenty-one years old.

 Criminal sale of a controlled substance in the third degree is a class B felony.
 

Section 220.41 Criminal sale of a controlled substance in the second degree

 A person is guilty of criminal sale of a controlled substance in the second degree when he knowingly and unlawfully sells:

 1. one or more preparations, compounds, mixtures or substances containing a narcotic drug and the preparations, compounds, mixtures or substances are of an aggregate weight of one-half ounce or more;  or

 2. one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers and the preparations, compounds, mixtures or substances are of an aggregate weight of one-half ounce or more;  or

 3. a stimulant and the stimulant weighs five grams or more;  or

 4. lysergic acid diethylamide and the lysergic acid diethylamide weighs five milligrams or more;  or

 5. a hallucinogen and the hallucinogen weighs one hundred twenty-five milligrams or more;  or

 6. a hallucinogenic substance and the hallucinogenic substance weighs five grams or more;  or

 7. methadone and the methadone weighs three hundred sixty milligrams or more.

 Criminal sale of a controlled substance in the second degree is a class A-II felony.
 

Section 220.43 Criminal sale of a controlled substance in the first degree

 A person is guilty of criminal sale of a controlled substance in the first degree when he knowingly and unlawfully sells:

 1. one or more preparations, compounds, mixtures or substances containing a narcotic drug and the preparations, compounds, mixtures or substances are of an aggregate weight of two ounces or more;  or

 2. methadone and the methadone weighs two thousand eight hundred eighty milligrams or more.

 Criminal sale of a controlled substance in the first degree is a class A-I felony.
 

Section 220.44 Criminal sale of a controlled substance in or near school grounds

 A person is guilty of criminal sale of a controlled substance in or near school grounds when he knowingly and unlawfully sells:

 1. a controlled substance in violation of any one of subdivisions one through six-a of section 220.34 of this article, when such sale takes place upon school grounds;  or

 2. a controlled substance in violation of any one of subdivisions one through eight of section 220.39 of this article, when such sale takes place upon school grounds, or

 3. a controlled substance in violation of any one of subdivisions one through six of section 220.34 of this article, when such sale takes place upon the grounds of a child day care or educational facility under circumstances evincing knowledge by the defendant that such sale is taking place upon such grounds; or

 4. a controlled substance in violation of any one of subdivisions one through eight of section 220.39 of this article, when such sale takes place upon the grounds of a child day care or educational facility under circumstances evincing knowledge by the defendant that such sale is taking place upon such grounds.

 5.  For purposes of subdivisions three and four of this section, “the grounds of a child day care or educational facility” means (a) in or on or within any building, structure, athletic playing field, a playground or land contained within the real property boundary line of a public or private child day care center as such term is defined in paragraph (c) of subdivision one of section three hundred ninety of the social services law, or nursery, pre-kindergarten, or kindergarten, or (b) any area accessible to the public located within one thousand feet of the real property boundary line comprising any such facility or any parked automobile or other parked vehicle located within one thousand feet of the real property boundary line comprising any such facility.  For the purposes of this section an “area accessible to the public” shall mean sidewalks, streets, parking lots, parks, playgrounds, stores and restaurants.

 6.  For the purposes of this section, a rebuttable presumption shall be established that a person has knowledge that they are within the grounds of a child day care or educational facility when notice is conspicuously posted of the presence or proximity of such facility.

 Criminal sale of a controlled substance in or near school grounds is a class B felony.
 

Section 220.45 Criminally possessing a hypodermic instrument

 A person is guilty of criminally possessing a hypodermic instrument when he knowingly and unlawfully possesses or sells a hypodermic syringe or hypodermic needle.

 Criminally possessing a hypodermic instrument is a class A misdemeanor.
 

Section 220.46 Criminal injection of a narcotic drug

 A person is guilty of criminal injection of a narcotic drug when he knowingly and unlawfully possesses a narcotic drug and he intentionally injects by means of a hypodermic syringe or hypodermic needle all or any portion of that drug into the body of another person with the latter's consent.

 Criminal injection of a narcotic drug is a class E felony.
 

Section 220.50 Criminally using drug paraphernalia in the second degree

 A person is guilty of criminally using drug paraphernalia in the second degree when he knowingly possesses or sells:

 1. Diluents, dilutants or adulterants, including but not limited to, any of the following:  quinine hydrochloride, mannitol, mannite, lactose or dextrose, adapted for the dilution of narcotic drugs or stimulants under circumstances evincing an intent to use, or under circumstances evincing knowledge that some person intends to use, the same for purposes of unlawfully mixing, compounding, or otherwise preparing any narcotic drug or stimulant;  or

 2. Gelatine capsules, glassine envelopes, vials, capsules or any other material suitable for the packaging of individual quantities of narcotic drugs or stimulants under circumstances evincing an intent to use, or under circumstances evincing knowledge that some person intends to use, the same for the purpose of unlawfully manufacturing, packaging or dispensing of any narcotic drug or stimulant;  or

 3. Scales and balances used or designed for the purpose of weighing or measuring controlled substances, under circumstances evincing an intent to use, or under circumstances evincing knowledge that some person intends to use, the same for purpose of unlawfully manufacturing, packaging or dispensing of any narcotic drug or stimulant.

 Criminally using drug paraphernalia in the second degree is a class A misdemeanor.
 

Section 220.55 Criminally using drug paraphernalia in the first degree

 A person is guilty of criminally using drug paraphernalia in the first degree when he commits the crime of criminally using drug paraphernalia in the second degree and he has previously been convicted of criminally using drug paraphernalia in the second degree.

 Criminally using drug paraphernalia in the first degree is a class D felony.
 

Section 220.60 Criminal possession of precursors of controlled substances

 A person is guilty of criminal possession of precursors of controlled substances when, with intent to manufacture a controlled substance unlawfully, he possesses at the same time:

 (a) carbamide (urea) and propanedioc and malonic acid or its derivatives;  or

 (b) ergot or an ergot derivative and diethylamine or dimethylformamide or diethylamide;  or

 (c) phenylacetone (1-phenyl-2 propanone) and hydroxylamine or ammonia or formamide or benzaldehyde or nitroethane or methylamine;  or

 (d) pentazocine and methyliodide;  or

 (e) phenylacetonitrile and dichlorodiethyl methylamine or dichlorodiethyl benzylamine;  or

 (f) diephenylacetonitrile and dimethylaminoisopropyl chloride;  or

 (g) piperidine and cyclohexanone and bromobenzene and lithium or magnesium;  or

 (h) 2, 5-dimethoxy benzaldehyde and nitroethane and a reducing agent.

 Criminal possession of precursors of controlled substances is a class E felony.
 

Section 220.65 Criminal sale of a prescription for a controlled substance

 A person is guilty of criminal sale of a prescription for a controlled substance when, being a practitioner, as that term is defined in section thirty-three hundred two of the public health law, he knowingly and unlawfully sells a prescription for a controlled substance.  For the purposes of this section, a person sells a prescription for a controlled substance unlawfully when he does so other than in good faith in the course of his professional practice.

 Criminal sale of a prescription is a class C felony.

Section 220.70 Criminal possession of methamphetamine manufacturing material in the second degree

A person is guilty of criminal possession of methamphetamine manufacturing material in the second degree when he or she possesses a precursor, a chemical reagent or a solvent with the intent to use or knowing another intends to use such precursor, chemical reagent, or solvent to unlawfully produce, prepare or manufacture methamphetamine.

Criminal possession of methamphetamine manufacturing material in the second degree is a class A misdemeanor.

Section 220.71 Criminal possession of methamphetamine manufacturing material in the first degree

A person is guilty of criminal possession of methamphetamine manufacturing material in the first degree when he or she commits the offense of criminal possession of methamphetamine manufacturing material in the second degree, as defined in section 220.70 of this article, and has previously been convicted within the preceding five years of criminal possession of methamphetamine manufacturing material in the second degree, as defined in section 220.70 of this article, or a violation of this section.

Criminal possession of methamphetamine manufacturing material in the first degree is a class E felony.

Section 220.72 Criminal possession f precursors of methamphetamine

A person is guilty of criminal possession of precursors of methamphetamine when he or she possesses at the same time a precursor and a solvent or chemical reagent, with intent to use or knowing that another intends to use each such precursor, solvent or chemical reagent to unlawfully manufacture methamphetamine.

Criminal possession of precursors of methamphetamine is a class E felony.

Section 220.73 Unlawful manufacture of methamphetamine in the third degree

A person is guilty of unlawful manufacture of methamphetamine in the third degree when he or she possesses at the same time and location, with intent to use, or knowing that another intends to use each such product to unlawfully manufacture, prepare or produce methamphetamine:

1. Two or more items of laboratory equipment and two or more precursors, chemical reagents or solvents in any combination; or

2. One item of laboratory equipment and three or more precursors, chemical reagents or solvents in any combination; or

3. A precursor:

(a) mixed together with a chemical reagent or solvent; or

(b) with two or more chemical reagents and/or solvents mixed together.

Unlawful manufacture of methamphetamine in the third degree is a class D felony.

 Section 220.74 Unlawful manufacture of methamphetamine in the second degree

A person is guilty of unlawful manufacture of methamphetamine in the second degree when he or she:

1. Commits the offense of unlawful manufacture of methamphetamine in the third degree as defined in section 220.73 of this article in the presence of another person under the age of sixteen, provided, however, that the actor is at least five years older than such other person under the age of sixteen; or

2. Commits the crime of unlawful manufacture of methamphetamine in the third degree as defined in section 220.73 of this article and has previously been convicted within the preceding five years of the offense of criminal possession of precursors of methamphetamine as defined in section 220.72 of this article, criminal possession of methamphetamine manufacturing material in the first degree as defined in section 220.71 of this article, unlawful disposal of methamphetamine laboratory material as defined in section 220.76 of this article, unlawful manufacture of methamphetamine in the third degree as defined in section 220.73 of this article, unlawful manufacture of methamphetamine in the second degree as defined in this section, or unlawful manufacture of methamphetamine in the first degree as defined in section 220. 75 of this article.

Unlawful manufacture of methamphetamine in the second degree is a class C felony.

Section 220.75 Unlawful manufacture of methamphetamine in the first degree

A person is guilty of unlawful manufacture of methamphetamine in the first degree when such person commits the crime of unlawful manufacture of methamphetamine in the second degree, as defined in subdivision one of section 220.74 of this article, after having previously been convicted within the preceding five years of unlawful manufacture of methamphetamine in the third degree, as defined in section 220.73, unlawful manufacture of methamphetamine in the second degree, as defined in section 220.74 of this article, or unlawful manufacture of methamphetamine in the first degree, as defined in this section.

Unlawful manufacturer of methamphetamine in the first degree is a class B felony.
 

 Section 220.76 Unlawful disposal of methamphetamine laboratory material

A person is guilty of unlawful disposal of methamphetamine laboratory material when, knowing that such actions are in furtherance of a methamphetamine operation, he or she knowingly disposes of, or possesses with intent to dispose of, hazardous or dangerous material under circumstances that create a substantial risk to human health or safety or a substantial danger to the environment.

Unlawful disposal of methamphetamine laboratory material is a class E felony.


ARTICLE 221--OFFENSES INVOLVING MARIHUANA

Section 221.00 Marihuana;  definitions

 Unless the context in which they are used clearly otherwise requires, the terms occurring in this article shall have the same meaning ascribed to them in article two hundred twenty of this chapter.
 

Section 221.05 Unlawful possession of marihuana

 A person is guilty of unlawful possession of marihuana when he knowingly and unlawfully possesses marihuana.

 Unlawful possession of marihuana is a violation punishable only by a fine of not more than one hundred dollars.  However, where the defendant has previously been convicted of an offense defined in this article or article 220 of this chapter, committed within the three years immediately preceding such violation, it shall be punishable (a) only by a fine of not more than two hundred dollars, if the defendant was previously convicted of one such offense committed during such period, and (b) by a fine of not more than two hundred fifty dollars or a term of imprisonment not in excess of fifteen days or both, if the defendant was previously convicted of two such offenses committed during such period.
 

Section 221.10 Criminal possession of marihuana in the fifth degree

 A person is guilty of criminal possession of marihuana in the fifth degree when he knowingly and unlawfully possesses:

 1. marihuana in a public place, as defined in section 240.00 of this chapter, and such marihuana is burning or open to public view;  or

 2. one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than twenty-five grams.

 Criminal possession of marihuana in the fifth degree is a class B misdemeanor.
 

Section 221.15 Criminal possession of marihuana in the fourth degree

 A person is guilty of criminal possession of marihuana in the fourth degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than two ounces.

 Criminal possession of marihuana in the fourth degree is a class A misdemeanor.
 

Section 221.20 Criminal possession of marihuana in the third degree

 A person is guilty of criminal possession of marihuana in the third degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than eight ounces.

 Criminal possession of marihuana in the third degree is a class E felony.
 

Section 221.25 Criminal possession of marihuana in the second degree

 A person is guilty of criminal possession of marihuana in the second degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than sixteen ounces.

 Criminal possession of marihuana in the second degree is a class D felony.
 

Section 221.30 Criminal possession of marihuana in the first degree

 A person is guilty of criminal possession of marihuana in the first degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than ten pounds.

 Criminal possession of marihuana in the first degree is a class C felony.
 

Section 221.35 Criminal sale of marihuana in the fifth degree

 A person is guilty of criminal sale of marihuana in the fifth degree when he knowingly and unlawfully sells, without consideration, one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of two grams or less;  or one cigarette containing marihuana.

 Criminal sale of marihuana in the fifth degree is a class B misdemeanor.
 

Section 221.40 Criminal sale of marihuana in the fourth degree

 A person is guilty of criminal sale of marihuana in the fourth degree when he knowingly and unlawfully sells marihuana except as provided in section 221.35 of this article.

 Criminal sale of marihuana in the fourth degree is a class A misdemeanor.
 

Section 221.45 Criminal sale of marihuana in the third degree

 A person is guilty of criminal sale of marihuana in the third degree when he knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than twenty-five grams.

 Criminal sale of marihuana in the third degree is a class E felony.
 

Section 221.50 Criminal sale of marihuana in the second degree

 A person is guilty of criminal sale of marihuana in the second degree when he knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than four ounces, or knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marihuana to a person less than eighteen years of age.


 Criminal sale of marihuana in the second degree is a class D felony.
 

Section 221.55 Criminal sale of marihuana in the first degree

 A person is guilty of criminal sale of marihuana in the first degree when he knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than sixteen ounces.

 Criminal sale of marihuana in the first degree is a class C felony.


ARTICLE 225--GAMBLING OFFENSES

Section 225.00 Gambling offenses;  definitions of terms

 The following definitions are applicable to this article:

 1. "Contest of chance" means any contest, game, gaming scheme or gaming device in which the outcome depends in a material degree upon an element of chance, notwithstanding that skill of the contestants may also be a factor therein.

 2. "Gambling."  A person engages in gambling when he stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under his control or influence, upon an agreement or understanding that he will receive something of value in the event of a certain outcome.

 3. "Player" means a person who engages in any form of gambling solely as a contestant or bettor, without receiving or becoming entitled to receive any profit therefrom other than personal gambling winnings, and without otherwise rendering any material assistance to the establishment, conduct or operation of the particular gambling activity.  A person who gambles at a social game of chance on equal terms with the other participants therein does not otherwise render material assistance to the establishment, conduct or operation thereof by performing, without fee or remuneration, acts directed toward the arrangement or facilitation of the game, such as inviting persons to play, permitting the use of premises therefor and supplying cards or other equipment used therein.  A person who engages in "bookmaking", as defined in this section is not a "player."

 4. "Advance gambling activity."  A person "advances gambling activity" when, acting other than as a player, he engages in conduct which materially aids any form of gambling activity.  Such conduct includes but is not limited to conduct directed toward the creation or establishment of the particular game, contest, scheme, device or activity involved, toward the acquisition or maintenance of premises, paraphernalia, equipment or apparatus therefor, toward the solicitation or inducement of persons to participate therein, toward the actual conduct of the playing phases thereof, toward the arrangement of any of its financial or recording phases, or toward any other phase of its operation.  One advances gambling activity when, having substantial proprietary or other authoritative control over premises being used with his knowledge for purposes of gambling activity, he permits such to occur or continue or makes no effort to prevent its occurrence or continuation.

 5. "Profit from gambling activity."  A person "profits from gambling activity" when, other than as a player, he accepts or receives money or other property pursuant to an agreement or understanding with any person whereby he participates or is to participate in the proceeds of gambling activity.

 6. "Something of value" means any money or property, any token, object or article exchangeable for money or property, or any form of credit or promise directly or indirectly contemplating transfer of money or property or of any interest therein, or involving extension of a service, entertainment or a privilege of playing at a game or scheme without charge.

 7. "Gambling device" means any device, machine, paraphernalia or equipment which is used or usable in the playing phases of any gambling activity, whether such activity consists of gambling between persons or gambling by a person involving the playing of a machine.  Notwithstanding the foregoing, lottery tickets, policy slips and other items used in the playing phases of lottery and policy schemes are not gambling devices.

 7-a. A "coin operated gambling device" means a gambling device which operates as a result of the insertion of something of value.  A device designed, constructed or readily adaptable or convertible for such use is a coin operated gambling device notwithstanding the fact that it may require adjustment, manipulation or repair in order to operate as such.

 8. "Slot machine" means a gambling device which, as a result of the insertion of a coin or other object, operates, either completely automatically or with the aid of some physical act by the player, in such manner that, depending upon elements of chance, it may eject something of value.  A device so constructed, or readily adaptable or convertible to such use, is no less a slot machine because it is not in working order or because some mechanical act of manipulation or repair is required to accomplish its adaptation, conversion or workability.  Nor is it any less a slot machine because, apart from its use or adaptability as such, it may also sell or deliver something of value on a basis other than chance.  A machine which sells items of merchandise which are of equivalent value, is not a slot machine merely because such items differ from each other in composition, size, shape or color.  A machine which awards free or extended play is not a slot machine merely because such free or extended play may constitute something of value provided that the outcome depends in a material degree upon the skill of the player and not in a material degree upon an element of chance.

 9. "Bookmaking" means advancing gambling activity by unlawfully accepting bets from members of the public as a business, rather than in a casual or personal fashion, upon the outcomes of future contingent events.

 10. "Lottery" means an unlawful gambling scheme in which (a) the players pay or agree to pay something of value for chances, represented and differentiated by numbers or by combinations of numbers or by some other media, one or more of which chances are to be designated the winning ones;  and (b) the winning chances are to be determined by a drawing or by some other method based upon the element of chance;  and (c) the holders of the winning chances are to receive something of value provided, however, that in no event shall the provisions of this subdivision be construed to include a raffle as such term is defined in subdivision three-b of section one hundred eighty-six of the general municipal law.

 11. "Policy" or "the numbers game" means a form of lottery in which the winning chances or plays are not determined upon the basis of a drawing or other act on the part of persons conducting or connected with the scheme, but upon the basis of the outcome or outcomes of a future contingent event or events otherwise unrelated to the particular scheme.

 12. "Unlawful" means not specifically authorized by law.
 

Section 225.05 Promoting gambling in the second degree

 A person is guilty of promoting gambling in the second degree when he knowingly advances or profits from unlawful gambling activity.

 Promoting gambling in the second degree is a class A misdemeanor.
 

Section 225.10 Promoting gambling in the first degree

 A person is guilty of promoting gambling in the first degree when he knowingly advances or profits from unlawful gambling activity by:

 1. Engaging in bookmaking to the extent that he receives or accepts in any one day more than five bets totaling more than five thousand dollars;  or

 2. Receiving, in connection with a lottery or policy scheme or enterprise, (a) money or written records from a person other than a player whose chances or plays are represented by such money or records, or (b) more than five hundred dollars in any one day of money played in such scheme or enterprise.

 Promoting gambling in the first degree is a class E felony.
 

Section 225.15 Possession of gambling records in the second degree

 A person is guilty of possession of gambling records in the second degree when, with knowledge of the contents or nature thereof, he possesses any writing, paper, instrument or article:

 1. Of a kind commonly used in the operation or promotion of a bookmaking scheme or enterprise;  or

 2. Of a kind commonly used in the operation, promotion or playing of a lottery or policy scheme or enterprise;  except that in any prosecution under this subdivision, it is a defense that the writing, paper, instrument or article possessed by the defendant constituted, reflected or represented plays, bets or chances of the defendant himself in a number not exceeding ten.

 3. Of any paper or paper product in sheet form chemically converted to nitrocellulose having explosive characteristics.

 4. Of any water soluble paper or paper derivative in sheet form.

 Possession of gambling records in the second degree is a class A misdemeanor.
 

Section 225.20 Possession of gambling records in the first degree

 A person is guilty of possession of gambling records in the first degree when, with knowledge of the contents thereof, he possesses any writing, paper, instrument or article:

 1. Of a kind commonly used in the operation or promotion of a bookmaking scheme or enterprise, and constituting, reflecting or representing more than five bets totaling more than five thousand dollars;  or

 2. Of a kind commonly used in the operation, promotion or playing of a lottery or policy scheme or enterprise, and constituting, reflecting or representing more than five hundred plays or chances therein.

 Possession of gambling records in the first degree is a class E felony.
 

Section 225.25 Possession of gambling records;  defense

 In any prosecution for possession of gambling records, it is a defense that the writing, paper, instrument or article possessed by the defendant was neither used intended to be used in the operation or promotion of a bookmaking scheme or enterprise, or in the operation, promotion or playing of a lottery or policy scheme or enterprise.
 

Section 225.30 Possession of a gambling device

 a. A person is guilty of possession of a gambling device when, with knowledge of the character thereof, he manufactures, sells, transports, places or possesses, or conducts or negotiates any transaction affecting or designed to affect ownership, custody or use of:

 1. A slot machine;  or

 2. Any other gambling device, believing that the same is to be used in the advancement of unlawful gambling activity.

 3. A coin operated gambling device with intent to use such device in the advancement of unlawful gambling activity.

b. Possession of a slot machine shall not be unlawful where such possession and use is pursuant to a gaming compact, duly executed by the governor and an Indian tribe or Nation, under the Indian Gaming Regulatory Act, as codified at 25 U.S.C. sec. 2701-2721 and 18 U.S.C. sec. 1166-1168, where the use of such slot machine or machines is consistent with such gaming compact and where the state receives a negotiated percentage of the net drop (defined as gross money wagered after payout, but before expenses) from any such slot machine or machines.

c. Transportation and possession of a slot machine shall not be unlawful where such transportation and possession is necessary to facilitate the training of persons in the repair and reconditioning of such machines as are used or are to be used for operations in those casinos authorized pursuant to a tribal-state compact as provided for pursuant to section eleven hundred seventy-two of title fifteen of the United States Code in the state of New York.

 Possession of a gambling device is a class A misdemeanor.
 

Section 225.32 Possession of a gambling device;  defenses

 1. In any prosecution for possession of a gambling device specified in subdivision one of section 225.30 of this chapter, it is an affirmative defense that:  (a) the slot machine possessed by the defendant was neither used nor intended to be used in the operation or promotion of unlawful gambling activity or enterprise and that such slot machine is an antique;  for purposes of this section proof that a slot machine was manufactured prior to nineteen hundred forty-one shall be conclusive proof that such a machine is an antique;  or (b) the slot machine possessed by the defendant was manufactured or assembled by the defendant for the sole purpose of transporting such slot machine in a sealed container to a jurisdiction outside this state for purposes which are lawful in such outside jurisdiction;  or (c) the slot machine possessed by the defendant was neither used nor intended to be used in the operation or promotion of unlawful gambling activity or enterprise, is more than thirty years old, and such possession takes place in the defendant's home; or (d) the slot machine was transported into this state in a sealed container for the purpose of product development, research, or additional manufacture or assembly, and such slot machine will be or has been transported in a sealed container to a jurisdiction outside of this state for purposes which are lawful in such outside jurisdiction.

2. Where a defendant raises an affirmative defense provided by subdivision one hereof, any slot machine seized from the defendant shall not be destroyed, or otherwise altered until a final court determination is rendered.  In a final court determination rendered in favor of said defendant, such slot machine shall be returned, forthwith, to said defendant, notwithstanding any provisions of law to the contrary.
 

Section 225.35 Gambling offenses;  presumptions

 1. Proof of possession of any gambling device or of any gambling record specified in sections 225.15 and 225.20, is presumptive evidence of possession thereof with knowledge of its character or contents.

 2. In any prosecution under this article in which it is necessary to prove the occurrence of a sporting event, a published report of its occurrence in any daily newspaper, magazine or other periodically printed publication of general circulation shall be admissible in evidence and shall constitute presumptive proof of the occurrence of such event.

 3. Possession of three or more coin operated gambling devices or possession of a coin operated gambling device in a public place shall be presumptive evidence of intent to use in the advancement of unlawful gambling activity.
 

Section 225.40 Lottery offenses;  no defense

 Any offense defined in this article which consists of the commission of acts relating to a lottery is no less criminal because the lottery itself is drawn or conducted without the state and is not violative of the laws of the jurisdiction in which it was so drawn or conducted.


ARTICLE 230--PROSTITUTION OFFENSES

Section 230.00 Prostitution

 A person is guilty of prostitution when such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee.

 Prostitution is a class B Misdemeanor.
 

Section 230.02 Patronizing a prostitute;  definitions

 1. A person patronizes a prostitute when:

  (a) Pursuant to a prior understanding, he pays a fee to another person as compensation for such person or a third person having engaged in sexual conduct with him;  or

  (b) He pays or agrees to pay a fee to another person pursuant to an understanding that in return therefor such person or a third person will engage in sexual conduct with him;  or

  (c) He solicits or requests another person to engage in sexual conduct with him in return for a fee.

 2. As used in this article, "person who is patronized" means the person with whom the defendant engaged in sexual conduct or was to have engaged in sexual conduct pursuant to the understanding, or the person who was solicited or requested by the defendant to engage in sexual conduct.
 

Section 230.03 Patronizing a prostitute in the fourth degree

 A person is guilty of patronizing a prostitute in the fourth degree when he patronizes a prostitute.

 Patronizing a prostitute in the fourth degree is a class B misdemeanor.
 

Section 230.04 Patronizing a prostitute in the third degree

 A person is guilty of patronizing a prostitute in the third degree when, being over twenty-one years of age, he patronizes a prostitute and the person patronized is less than seventeen years of age.

 Patronizing a prostitute in the third degree is a class A misdemeanor.
 

Section 230.05 Patronizing a prostitute in the second degree

 A person is guilty of patronizing a prostitute in the second degree when, being over eighteen years of age, he patronizes a prostitute and the person patronized is less than fourteen years of age.

 Patronizing a prostitute in the second degree is a class E felony.
 

Section 230.06 Patronizing a prostitute in the first degree

 A person is guilty of patronizing a prostitute in the first degree when he patronizes a prostitute and the person patronized is less than eleven years of age.

 Patronizing a prostitute in the first degree is a class D felony.
 

Section 230.07 Patronizing a prostitute;  defense

 In any prosecution for patronizing a prostitute in the first, second or third degrees, it is a defense that the defendant did not have reasonable grounds to believe that the person was less than the age specified.
 

Section 230.10 Prostitution and patronizing a prostitute;  no defense

 In any prosecution for prostitution or patronizing a prostitute, the sex of the two parties or prospective parties to the sexual conduct engaged in, contemplated or solicited is immaterial, and it is no defense that:

 1. Such persons were of the same sex;  or

 2. The person who received, agreed to receive or solicited a fee was a male and the person who paid or agreed or offered to pay such fee was a female.
 

Section 230.15 Promoting prostitution;  definitions of terms

 The following definitions are applicable to this article:

 1. "Advance prostitution."  A person "advances prostitution" when, acting other than as a prostitute or as a patron thereof, he knowingly causes or aids a person to commit or engage in prostitution, procures or solicits patrons for prostitution, provides persons or premises for prostitution purposes, operates or assists in the operation of a house of prostitution or a prostitution enterprise, or engages in any other conduct designed to institute, aid or facilitate an act or enterprise of prostitution.

 2. "Profit from prostitution."  A person "profits from prostitution" when, acting other than as a prostitute receiving compensation for personally rendered prostitution services, he accepts or receives money or other property pursuant to an agreement or understanding with any person whereby he participates or is to participate in the proceeds of prostitution activity.
 

Section 230.20 Promoting prostitution in the fourth degree

 A person is guilty of promoting prostitution in the fourth degree when he knowingly advances or profits from prostitution.

 Promoting prostitution in the fourth degree is a class A misdemeanor.
 

Section 230.25 Promoting prostitution in the third degree

 A person is guilty of promoting prostitution in the third degree when he knowingly:

 1. Advances or profits from prostitution by managing, supervising, controlling or owning, either alone or in association with others, a house of prostitution or a prostitution business or enterprise involving prostitution activity by two or more prostitutes;  or

 2. Advances or profits from prostitution of a person less than nineteen years old.

 Promoting prostitution in the third degree is a class D felony.
 

Section 230.30 Promoting prostitution in the second degree

 A person is guilty of promoting prostitution in the second degree when he knowingly:

 1. Advances prostitution by compelling a person by force or intimidation to engage in prostitution, or profits from such coercive conduct by another;  or

 2. Advances or profits from prostitution of a person less than sixteen years old.

 Promoting prostitution in the second degree is a class C felony.
 

Section 230.32 Promoting prostitution in the first degree

 A person is guilty of promoting prostitution in the first degree when he knowingly advances or profits from prostitution of a person less than eleven years old.

 Promoting prostitution in the first degree is a class B felony.
 

Section 230.33. Compelling prostitution
 

A person is guilty of compelling prostitution when, being twenty-one years of age or older, he or she knowingly advances prostitution by compelling a person less than sixteen years old, by force or intimidation, to engage in prostitution.

Compelling prostitution is a class B felony.

Section 230.35 Promoting prostitution;  accomplice

In a prosecution for promoting prostitution or compelling prostitution, a person less than seventeen years of age from whose prostitution activity another person is alleged to have advanced or attempted to advance or profited or attempted to profit shall not be deemed to be an accomplice.
 

Section 230.40 Permitting prostitution

 A person is guilty of permitting prostitution when, having possession or control of premises which he knows are being used for prostitution purposes, he fails to make reasonable effort to halt or abate such use.

 Permitting prostitution is a class B misdemeanor.


ARTICLE 235--OBSCENITY AND RELATED OFFENSES

Section 235.00 Obscenity;  definitions of terms

 The following definitions are applicable to sections 235.05, 235.10 and 235.15:

 1. "Obscene."  Any material or performance is "obscene" if (a) the average person, applying contemporary community standards, would find that considered as a whole, its predominant appeal is to the prurient interest in sex, and (b) it depicts or describes in a patently offensive manner, actual or simulated: sexual intercourse, criminal sexual act, sexual bestiality, masturbation, sadism, masochism, excretion or lewd exhibition of the genitals, and (c) considered as a whole, it lacks serious literary, artistic, political, and scientific value.  Predominant appeal shall be judged with reference to ordinary adults unless it appears from the character of the material or the circumstances of its dissemination to be designed for children or other specially susceptible audience.

 2. "Material" means anything tangible which is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound or in any other manner.

 3. "Performance" means any play, motion picture, dance or other exhibition performed before an audience.

 4. "Promote" means to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, present, exhibit or advertise, or to offer or agree to do the same.

 5. "Wholesale promote" means to manufacture, issue, sell, provide, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate or to offer or agree to do the same for purposes of resale.

 6. "Simulated" means the explicit depiction or description of any of the types of conduct set forth in clause (b) of subdivision one of this section, which creates the appearance of such conduct.

 7. "Criminal sexual act" means any of the types of sexual conduct defined in subdivision two of section 130.00 provided however, that in any prosecution under this article the marital status of the persons engaged in such conduct shall be irrelevant and shall not be considered.
 

Section 235.05 Obscenity in the third degree

 A person is guilty of obscenity in the third degree when, knowing its content and character, he:

 1. Promotes, or possesses with intent to promote, any obscene material;  or

 2. Produces, presents or directs an obscene performance or participates in a portion thereof which is obscene or which contributes to its obscenity.

 Obscenity in the third degree is a class A misdemeanor.
 

Section 235.06 Obscenity in the second degree

 A person is guilty of obscenity in the second degree when he commits the crime of obscenity in the third degree as defined in subdivisions one and two of section 235.05 of this chapter and has been previously convicted of obscenity in the third degree.

 Obscenity in the second degree is a class E felony.
 

Section 235.07 Obscenity in the first degree

 A person is guilty of obscenity in the first degree when, knowing its content and character, he wholesale promotes or possesses with intent to wholesale promote, any obscene material.

 Obscenity in the first degree is a class D felony.
 

Section 235.10 Obscenity;  presumptions

 1. A person who promotes or wholesale promotes obscene material, or possesses the same with intent to promote or wholesale promote it, in the course of his business is presumed to do so with knowledge of its content and character.

 2. A person who possesses six or more identical or similar obscene articles is presumed to possess them with intent to promote the same.

 The provisions of this section shall not apply to public libraries or association libraries as defined in subdivision two of section two hundred fifty-three of the education law, or trustees or employees of such public libraries or association libraries when acting in the course and scope of their duties or employment.
 

Section 235.15 Obscenity or disseminating indecent material to minors in the second degree;  defense

 1. In any prosecution for obscenity, or disseminating indecent material to minors in the second degree in violation of subdivision three of section 235.21 of this article, it is an affirmative defense that the persons to whom allegedly obscene or indecent material was disseminated, or the audience to an allegedly obscene performance, consisted of persons or institutions having scientific, educational, governmental or other similar justification for possessing, disseminating or viewing the same.

 2. In any prosecution for obscenity, it is an affirmative defense that the person so charged was a motion picture projectionist, stage employee or spotlight operator, cashier, doorman, usher, candy stand attendant, porter or in any other non-managerial or non-supervisory capacity in a motion picture theatre;  provided he has no financial interest, other than his employment, which employment does not encompass compensation based upon any proportion of the gross receipts, in the promotion of obscene material for sale, rental or exhibition or in the promotion, presentation or direction of any obscene performance, or is in any way responsible for acquiring obscene material for sale, rental or exhibition.
 

Section 235.20 Disseminating indecent material to minors;  definitions of terms

 The following definitions are applicable to sections 235.21, 235.22, 235.23 and 235.24 of this article:

 1. "Minor" means any person less than seventeen years old.

 2. "Nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernably turgid state.

 3. "Sexual conduct" means acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, breast.

 4. "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

 5. "Sado-masochistic abuse" means flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.

 6. "Harmful to minors" means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sado-masochistic abuse, when it:

  (a) Considered as a whole, appeals to the prurient interest in sex of minors;  and

  (b) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors;  and

  (c) Considered as a whole, lacks serious literary, artistic, political and scientific value for minors.

 7. The term "access software" means software (including client or server software) or enabling tools that do not create or provide the content of the communication but that allow a user to do any one or more of the following:

  (a) filter, screen, allow or disallow content;

  (b) pick, choose, analyze or digest content;  or

  (c) transmit, receive, display, forward, cache, search, subset, organize, reorganize or translate content.
 

Section 235.21 Disseminating indecent material to minors in the second degree

 A person is guilty of disseminating indecent material to minors in the second degree when:

 1. With knowledge of its character and content, he sells or loans to a minor for monetary consideration:

  (a) Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct or sado-masochistic abuse and which is harmful to minors;  or

  (b) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in paragraph (a) hereof, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sado-masochistic abuse and which, taken as a whole, is harmful to minors;  or

 2. Knowing the character and content of a motion picture, show or other presentation which, in whole or in part, depicts nudity, sexual conduct or sado-masochistic abuse, and which is harmful to minors, he:

  (a) Exhibits such motion picture, show or other presentation to a minor for a monetary consideration;  or

  (b) Sells to a minor an admission ticket or pass to premises whereon there is exhibited or to be exhibited such motion picture, show or other presentation; or

  (c) Admits a minor for a monetary consideration to premises whereon there is exhibited or to be exhibited such motion picture show or other presentation; or

 3. Knowing the character and content of the communication which, in whole or in part, depicts actual or simulated nudity, sexual conduct or sado-masochistic abuse, and which is harmful to minors, he intentionally uses any computer communication system allowing the input, output, examination or transfer, of computer data or computer programs from one computer to another, to initiate or engage in such communication with a person who is a minor.

 Disseminating indecent material to minors in the second degree is a class E felony.
 

Section 235.22 Disseminating indecent material to minors in the first degree

 A person is guilty of disseminating indecent material to minors in the first degree when:

 1. knowing the character and content of the communication which, in whole or in part, depicts actual or simulated nudity, sexual conduct or sado-masochistic abuse, and which is harmful to minors, he intentionally uses any computer communication system allowing the input, output, examination or transfer, of computer data or computer programs from one computer to another, to initiate or engage in such communication with a person who is a minor;  and

 2. by means of such communication he importunes, invites or induces a minor to engage in sexual intercourse, oral sexual conduct or anal sexual conduct, or sexual contact with him, or to engage in a sexual performance, obscene sexual performance, or sexual conduct for his benefit.

 Disseminating indecent material to minors in the first degree is a class D felony.
 

Section 235.23 Disseminating indecent material to minors;  presumption and defenses

 1. A person who engages in the conduct proscribed by section 235.21 is presumed to do so with knowledge of the character and content of the material sold or loaned, or the motion picture, show or presentation exhibited or to be exhibited.

 2. In any prosecution for disseminating indecent material to minors in the second degree pursuant to subdivision one or two of section 235.21 of this article, it is an affirmative defense that:

  (a) The defendant had reasonable cause to believe that the minor involved was seventeen years old or more;  and

  (b) Such minor exhibited to the defendant a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that such minor was seventeen years old or more.

 3. In any prosecution for disseminating indecent material to minors in the second degree pursuant to subdivision three of section 235.21 of this article or disseminating indecent material to minors in the first degree pursuant to section 235.22 of this article, it shall be a defense that:

  (a) The defendant made a reasonable effort to ascertain the true age of the minor and was unable to do so as a result of actions taken by the minor;  or

  (b) The defendant has taken, in good faith, reasonable, effective and appropriate actions under the circumstances to restrict or prevent access by minors to materials specified in such subdivision, which may involve any appropriate measures to restrict minors from access to such communications, including any method which is feasible under available technology;  or

  (c) The defendant has restricted access to such materials by requiring use of a verified credit card, debit account, adult access code or adult personal identification number;  or

  (d) The defendant has in good faith established a mechanism such that the labelling, segregation or other mechanism enables such material to be automatically blocked or screened by software or other capabilities reasonably available to responsible adults wishing to effect such blocking or screening and the defendant has not otherwise solicited minors not subject to such screening or blocking capabilities to access that material or to circumvent any such screening or blocking.
 

Section 235.24 Disseminating indecent material to minors;  limitations

 In any prosecution for disseminating indecent material to minors in the second degree pursuant to subdivision three of section 235.21 of this article or disseminating indecent material to minors in the first degree pursuant to section 235.22 of this article:

 1. No person shall be held to have violated such provisions solely for providing access or connection to or from a facility, system, or network not under that person's control, including transmission, downloading, intermediate storage, access software, or other related capabilities that are incidental to providing such access or connection that do not include the creation of the content of the communication.

  (a) The limitations provided by this subdivision shall not be applicable to a person who is a conspirator with an entity actively involved in the creation or knowing distribution of communications that violate such provisions, or who knowingly advertises the availability of such communications.

  (b) The limitations provided by this subdivision shall not be applicable to a person who provides access or connection to a facility, system, or network engaged in the violation of such provisions that is owned or controlled by such person.

 2. No employer shall be held liable under such provisions for the actions of an employee or agent unless the employee's or agent's conduct is within the scope of his employment or agency and the employer having knowledge of such conduct, authorizes or ratifies such conduct, or recklessly disregards such conduct.