New York Law

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Article 10 - NY Penal Law

DEFINITIONS
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, plastic knuckles,
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
or such  conduct  as  a  sexually  motivated  felony,  where  authorized
pursuant to section 130.91 of the penal law; 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 (criminal sexual act
in the first degree); 130.70  (aggravated  sexual  abuse  in  the  first
degree);  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; 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, or such conduct as  a  sexually  motivated  felony,  where
authorized pursuant to section 130.91 of the penal law.
  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.
  20. For purposes of sections 120.13, 120.18, 125.11, 125.21 and 125.22
of  this  chapter,  the  term  "peace  officer" means a peace officer as
defined in subdivision one, two, three,  four, six,  twelve,  thirteen,
fifteen,  sixteen,  seventeen,  eighteen,  nineteen, twenty, twenty-one,
twenty-three,  twenty-three-a,  twenty-four,  twenty-five,   twenty-six,
twenty-eight,  twenty-nine, thirty, thirty-one, thirty-two, thirty-four,
thirty-five,   thirty-six,   forty-three,    forty-five,    forty-seven,
forty-eight,  forty-nine,  fifty-one, fifty-two, fifty-eight, sixty-one,
as added by chapter two hundred fifty-seven  of  the  laws  of  nineteen
hundred  ninety-two,  sixty-one,  as  added  by  chapter  three  hundred
twenty-one of the laws of nineteen  hundred  ninety-two,  sixty-two,  as
added  by  chapter  two  hundred  four  of  the laws of nineteen hundred
ninety-three, sixty-two, as added by chapter six hundred eighty-seven of
the laws of nineteen hundred ninety-three, sixty-three,  as  amended  by
chapter  six  hundred  thirty-eight  of  the laws of two thousand three,
sixty-four, sixty-five, sixty-eight, as added  by  chapter  one  hundred
sixty-eight  of  the  laws  of  two  thousand,  sixty-eight, as added by
chapter three hundred eighty-one of the laws of two  thousand,  seventy,
seventy-one,  seventy-four, as added by chapter five hundred forty-eight
of the laws of two thousand one, seventy-five, as added by chapter three
hundred twenty-one of the laws of two  thousand  two,  seventy-five,  as
added  by  chapter  six hundred twenty-three of the laws of two thousand
two, seventy-seven, as added by chapter three hundred sixty-seven of the
laws of two thousand four, seventy-eight or seventy-nine,  as  added  by
chapter  two  hundred  forty-one  of  the  laws of two thousand four, of
section 2.10 of the criminal procedure law, as well as any  federal  law
enforcement  officer  defined  in section 2.15 of the criminal procedure
law.
  21. "Drug trafficking felony" means any of  the  following  offenses
defined  in article two hundred twenty of this chapter: violation of use
of a child to commit  a  controlled  substance  offense  as  defined  in
section  220.28;  criminal  sale of a controlled substance in the fourth
degree as defined in section  220.34;  criminal  sale  of  a  controlled
substance  in  the  third  degree as defined in section 220.39; criminal
sale of a controlled substance  in  the  second  degree  as  defined  in
section  220.41;  criminal  sale  of a controlled substance in the first
degree as defined in section  220.43;  criminal  sale  of  a  controlled
substance  in  or  near  school  grounds  as  defined in section 220.44;
unlawful manufacture of methamphetamine in the second degree as  defined
in  section 220.74; unlawful manufacture of methamphetamine in the first
degree as defined in section 220.75; or operating as a major  trafficker
as defined in section 220.77.

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