Criminal Law Web

NEW YORK PENAL LAW
 ARTICLE 115--CRIMINAL FACILITATION

Section 115.00 Criminal facilitation in the fourth degree

 A person is guilty of criminal facilitation in the fourth degree when, believing it probable that he is rendering aid:

 1. to a person who intends to commit a crime, he engages in conduct which provides such person with means or opportunity for the commission thereof and which in fact aids such person to commit a felony;  or

 2. to a person under sixteen years of age who intends to engage in conduct which would constitute a crime, he, being over eighteen years of age, engages in conduct which provides such person with means or opportunity for the commission thereof and which in fact aids such person to commit a crime.

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

Section 115.01 Criminal facilitation in the third degree

 A person guilty of criminal facilitation in the third degree, when believing it probable that he is rendering aid to a person under sixteen years of age who intends to engage in conduct that would constitute a felony, he, being over eighteen years of age, engages in conduct which provides such person with means or opportunity for the commission thereof and which in fact aids such person to commit a felony.

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

Section 115.05 Criminal facilitation in the second degree

 A person is guilty of criminal facilitation in the second degree when, believing it probable that he is rendering aid to a person who intends to commit a class A felony, he engages in conduct which provides such person with means or opportunity for the commission thereof and which in fact aids such person to commit such class A felony.

 Criminal facilitation in the second degree is a class C felony.
 

Section 115.08 Criminal facilitation in the first degree

 A person is guilty of criminal facilitation in the first degree when, believing it probable that he is rendering aid to a person under sixteen years of age who intends to engage in conduct that would constitute a class A felony, he, being over eighteen years of age, engages in conduct which provides such person with means or opportunity for the commission thereof and which in fact aids such person to commit such a class A felony.

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

Section 115.10 Criminal facilitation;  no defense

 It is no defense to a prosecution for criminal facilitation that:

 1. The person facilitated was not guilty of the underlying felony owing to criminal irresponsibility or other legal incapacity or exemption, or to unawareness of the criminal nature of the conduct in question or to other factors precluding the mental state required for the commission of such felony;  or

 2. The person facilitated has not been prosecuted for or convicted of the underlying felony, or has previously been acquitted thereof;  or

 3. The defendant himself is not guilty of the felony which he facilitated because he did not act with the intent or other culpable mental state required for the commission thereof.
 

Section 115.15 Criminal facilitation;  corroboration

 A person shall not be convicted of criminal facilitation upon the testimony of a person who has committed the felony charged to have been facilitated unless such testimony be corroborated by such other evidence as tends to connect the defendant with such facilitation.