New York State Law

Article 115 - NY Penal Law

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• Article 115

S 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.

S 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.

S 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.

S 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.

S 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.

S 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.

S 115.20 Criminal facilitation; definitions and construction.
    For  purposes  of this article, such conduct shall include, but not be
  limited to, making available, selling, exchanging, giving  or  disposing
  of  a  community  gun,  which  in fact, aids a person to commit a crime.
  "Community gun" shall mean a  firearm  that  is  actually  shared,  made
  available, sold, exchanged, given or disposed of among or between two or
  more  persons, at least one of whom is not authorized pursuant to law to
  possess such firearm. "Dispose of" shall have the same meaning  as  that
  term  is  defined  in  section 265.00 of this chapter. "Share" and "make
  available" shall, in the case of a  firearm,  be  construed  to  include
  knowingly placing such firearm at a location accessible and known to one
  or more other persons.

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