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ARTICLE 10
DEFINITIONS
Section 10.00 Definitions of terms of general use in this chapter.
S 10.00 Definitions of terms of general use in this chapter.
Except where different meanings are expressly specified in subsequent
provisions of this chapter, the following terms have the following
meanings:
1. "Offense" means conduct for which a sentence to a term of
imprisonment or to a fine is provided by any law of this state or by any
law, local law or ordinance of a political subdivision of this state, or
by any order, rule or regulation of any governmental instrumentality
authorized by law to adopt the same.
2. "Traffic infraction" means any offense defined as "traffic
infraction" by section one hundred fifty-five of the vehicle and traffic
law.
3. "Violation" means an offense, other than a "traffic infraction, "
for which a sentence to a term of imprisonment in excess of fifteen days
cannot be imposed.
4. "Misdemeanor" means an offense, other than a "traffic infraction, "
for which a sentence to a term of imprisonment in excess of fifteen days
may be imposed, but for which a sentence to a term of imprisonment in
excess of one year cannot be imposed.
5. "Felony" means an offense for which a sentence to a term of
imprisonment in excess of one year may be imposed.
6. "Crime" means a misdemeanor or a felony.
7. "Person" means a human being, and where appropriate, a public or
private corporation, an unincorporated association, a partnership, a
government or a governmental instrumentality.
8. "Possess" means to have physical possession or otherwise to
exercise dominion or control over tangible property.
9. "Physical injury" means impairment of physical condition or
substantial pain.
10. "Serious physical injury" means physical injury which creates a
substantial risk of death, or which causes death or serious and
protracted disfigurement, protracted impairment of health or protracted
loss or impairment of the function of any bodily organ.
11. "Deadly physical force" means physical force which, under the
circumstances in which it is used, is readily capable of causing death
or other serious physical injury.
12. "Deadly weapon" means any loaded weapon from which a shot, readily
capable of producing death or other serious physical injury, may be
discharged, or a switchblade knife, gravity knife, pilum ballistic
knife, metal knuckle knife, dagger, billy, blackjack, or metal knuckles.
13. "Dangerous instrument" means any instrument, article or substance,
including a "vehicle" as that term is defined in this section, which,
under the circumstances in which it is used, attempted to be used or
threatened to be used, is readily capable of causing death or other
serious physical injury.
14. "Vehicle" means a "motor vehicle", "trailer" or "semi-trailer," as
defined in the vehicle and traffic law, any snowmobile as defined in the
parks and recreation law, any aircraft, or any vessel equipped for
propulsion by mechanical means or by sail.
15. "Public servant" means (a) any public officer or employee of the
state or of any political subdivision thereof or of any governmental
instrumentality within the state, or (b) any person exercising the
functions of any such public officer or employee. The term public
servant includes a person who has been elected or designated to become a
public servant.
16. "Juror" means any person who is a member of any jury, including a
grand jury, impaneled by any court in this state or by any public
servant authorized by law to impanel a jury. The term juror also
includes a person who has been drawn or summoned to attend as a
prospective juror.
17. "Benefit" means any gain or advantage to the beneficiary and
includes any gain or advantage to a third person pursuant to the desire
or consent of the beneficiary.
18. "Juvenile offender" means (1) a person thirteen years old who is
criminally responsible for acts constituting murder in the second degree
as defined in subdivisions one and two of section 125.25 of this
chapter; and (2) a person fourteen or fifteen years old who is
criminally responsible for acts constituting the crimes defined in
subdivisions one and two of section 125.25 (murder in the second degree)
and in subdivision three of such section provided that the underlying
crime for the murder charge is one for which such person is criminally
responsible; section 135.25 (kidnapping in the first degree); 150.20
(arson in the first degree); subdivisions one and two of section 120.10
(assault in the first degree); 125.20 (manslaughter in the first
degree); subdivisions one and two of section 130.35 (rape in the first
degree); subdivisions one and two of section 130.50 (sodomy in the first
degree); 130.70 (aggravated sexual abuse); 140.30 (burglary in the first
degree); subdivision one of section 140.25 (burglary in the second
degree); 150.15 (arson in the second degree); 160.15 (robbery in the
first degree); subdivision two of section 160.10 (robbery in the second
degree) of this chapter; subdivision four of section 265.02 of this
chapter, where such firearm is possessed on school grounds, as that
phrase is defined in subdivision fourteen of section 220.00 of this
chapter; or section 265.03 of this chapter, where such machine gun or
such firearm is possessed on school grounds, as that phrase is defined
in subdivision fourteen of section 220.00 of this chapter; or defined in
this chapter as an attempt to commit murder in the second degree or
kidnapping in the first degree.
19. For the purposes of section 260.30 and 120.01 of this chapter the
term "child day care provider" shall be defined as provided for in
section three hundred ninety of the social services law.
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