New York State Law
Penal Law
Consolidated Laws of New York's Penal code
Article 115 - NY Penal Law
CRIMINAL FACILITATION
| Section | Offense | Class |
|---|---|---|
| 115.00 | Criminal facilitation in the fourth degree. | A MISD |
| 115.01 | Criminal facilitation in the third degree. | E FELONY |
| 115.05 | Criminal facilitation in the second degree. | C FELONY |
| 115.08 | Criminal facilitation in the first degree. | B FELONY |
| 115.10 | Criminal facilitation; no defense. | |
| 115.15 | Criminal facilitation; corroboration. | |
| 115.20 | Criminal facilitation; definitions and construction. |
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. Top of Page
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