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Article 195 - NY Penal Law

OFFICIAL MISCONDUCT AND OBSTRUCTION OF PUBLIC SERVANTS GENERALLY

Section Offense Class
195.00 Official misconduct. A MISD
195.02 Concealment of a human corpse. E FELONY
195.05 Obstructing governmental administration in the second degree. A MISD
195.06 Killing or injuring a police animal. A MISD
195.06-a Killing a police work dog or police work horse. E FELONY
195.07 Obstructing governmental administration in the first degree. E FELONY
195.08 Obstructing governmental administration by means of a self-defense spray device. D FELONY
195.10 Refusing to aid a peace or a police officer. B MISD
195.11 Harming an animal trained to aid a person with a disability in the second degree. B MISD
195.12 Harming an animal trained to aid a person with a disability in the first degree. A MISD
195.15 Obstructing firefighting operations. A MISD
195.16 Obstructing emergency medical services. A MISD
195.17 Obstruction of governmental duties by means of a bomb, destructive device, explosive, or hazardous substance. D FELONY
195.20 Defrauding the government. E FELONY
S 195.00  Official misconduct.
  A public servant is guilty of official misconduct when, with intent to
obtain a benefit or deprive another person of a benefit:
  1. He commits an act relating to his office but constituting an
unauthorized exercise of his official functions, knowing that such act
is unauthorized; or
  2. He knowingly refrains from performing a duty which is imposed upon
him by law or is clearly inherent in the nature of his office.
  Official misconduct is a class A misdemeanor.

S 195.02 Concealment of a human corpse.
  A  person  is  guilty  of concealment of a human corpse when, having a
reasonable expectation that a human corpse or a  part  thereof  will  be
produced   for  or  used  as  physical  evidence  in:  (a)  an  official
proceeding; (b) an autopsy as part of a criminal investigation;  or  (c)
an  examination  by  law  enforcement  personnel  as  part of a criminal
investigation; such person, alone or in concert with another,  conceals,
alters  or  destroys  such  corpse  or  part  thereof with the intent to
prevent its production, use or discovery.
  Concealment of a human corpse is a class E felony.

S 195.05 Obstructing governmental administration in the second degree.
  A person is guilty of obstructing governmental administration when he
intentionally obstructs, impairs or perverts the administration of law
or other governmental function or prevents or attempts to prevent a
public servant from performing an official function, by means of
intimidation, physical force or interference, or by means of any
independently unlawful act, or by means of interfering, whether or not
physical force is involved, with radio, telephone, television or other
telecommunications systems owned or operated by the state, or a county,
city, town, village, fire district or emergency medical service or by
means of releasing a dangerous animal under circumstances evincing the
actor`s intent that the animal obstruct governmental administration.
  Obstructing governmental administration is a class A misdemeanor.

S 195.06 Killing or injuring a police animal.
  A person is guilty of killing or injuring a police animal when such
person intentionally kills or injures any animal while such animal is in
the performance of its duties and under the supervision of a police or
peace officer.
  Killing or injuring a police animal is a class A misdemeanor.

 S 195.06-a Killing a police work dog or police work horse.
    A  person  is guilty of killing a police work dog or police work horse
  when such person intentionally kills a police work dog  or  police  work
  horse  while  such  dog or horse is in the performance of its duties and
  under the supervision of a police officer. For purposes of this section,
  "police work dog" or "police work horse," as the case may be, shall mean
  any dog or horse owned or harbored by  any  state  or  municipal  police
  department  or  any  state  or federal law enforcement agency, which has
  been trained to aid law enforcement officers and is actually being  used
  for police work purposes.
    Killing a police work dog or police work horse is a class E felony.

S 195.07 Obstructing governmental administration in the first degree.
  A person is guilty of obstructing governmental administration in the
first degree when he commits the crime of obstructing governmental
administration in the second degree by means of interfering with a
telecommunications system thereby causing serious physical injury to
another person.
  Obstructing governmental administration in the first degree is a class
E felony.

S 195.08 Obstructing governmental administration by means of a
               self-defense spray device.
  A person is guilty of obstructing governmental administration by means
of a self-defense spray device when, with the intent to prevent a police
officer or peace officer from performing a lawful duty, he causes
temporary physical impairment to a police officer or peace officer by
intentionally discharging a self-defense spray device, as defined in
paragraph fourteen of subdivision a of section 265.20 of this chapter,
thereby causing such temporary physical impairment.
  Obstructing governmental administration by means of a self-defense
spray device is a class D felony.

S 195.10 Refusing to aid a peace or a police officer.
  A person is guilty of refusing to aid a peace or a police officer
when, upon command by a peace or a police officer identifiable or
identified to him as such, he unreasonably fails or refuses to aid such
peace or a police officer in effecting an arrest, or in preventing the
commission by another person of any offense.
  Refusing to aid a peace or a police officer is a class B misdemeanor.

S 195.11 Harming an animal trained to aid a person with a disability in
               the second degree.
  A person is guilty of harming an animal trained to aid a person with a
disability in the second degree when such person intentionally causes
physical injury to such animal while it is in the performance of aiding
a person with a disability, and thereby renders such animal incapable of
providing such aid to such person, or to another person with a
disability.
  For purposes of this section and section 195.12 of this article, the
term "disability" means "disability" as defined in subdivision
twenty-one of section two hundred ninety-two of the executive law.
  Harming an animal trained to aid a person with a disability in the
second degree is a class B misdemeanor.

S 195.12 Harming an animal trained to aid a person with a disability in
               the first degree.
  A person is guilty of harming an animal trained to aid a person with a
disability in the first degree when such person:
  1. intentionally causes physical injury to such animal while it is in
the performance of aiding a person with a disability, and thereby
renders such animal permanently incapable of providing such aid to such
person, or to another person with a disability; or
  2. intentionally kills such animal while it is in the performance of
aiding a person with a disability.
  Harming an animal trained to aid a person with a disability in the
first degree is a class A misdemeanor.

S 195.15 Obstructing firefighting operations.
  A person is guilty of obstructing firefighting operations when he
intentionally and unreasonably obstructs the efforts of any:
  1. fireman in extinguishing a fire, or prevents or dissuades another
from extinguishing or helping to extinguish a fire; or
  2. fireman, police officer or peace officer in performing his duties
in circumstances involving an imminent danger created by an explosion,
threat of explosion or the presence of toxic fumes or gases.
  Obstructing firefighting operations is a class A misdemeanor.

S 195.16 Obstructing emergency medical services.
  A  person  is guilty of obstructing emergency medical services when he
or she intentionally and  unreasonably  obstructs  the  efforts  of  any
service,  technician,  personnel,  system  or  unit specified in section
three thousand one of the public health law in the performance of  their
duties.
  Obstructing emergency medical services is a class A misdemeanor.

S 195.17 Obstruction of governmental duties by means
of a bomb, destructive device, explosive, or hazardous substance.  
  A person is guilty of obstruction of governmental duties by means of a
bomb, destructive device, explosive, or hazardous substance when  he  or
she,  in  furtherance  of  a  felony  offense,  knowingly and unlawfully
installs  or  causes  to  be  installed  a  bomb,  destructive   device,
explosive,  or hazardous substance, in any object, place, or compartment
that is subject to a search so as to obstruct, prevent, hinder or  delay
the administration of law or performance of a government function.
  Obstruction  of  governmental  duties  by means of a bomb,
  destructive device, explosive, or hazardous substance is a class D felony.

S 195.20 Defrauding the government.
  A person is guilty of defrauding the government when, being a public
servant or party officer, he or she:
  (a) engages in a scheme constituting a systematic  ongoing  course  of
conduct with intent to:
  (i)  defraud  the  state  or a political subdivision of the state or a
governmental instrumentality within the state  or  to  obtain  property,
services or other resources from the state or a political subdivision of
the state or a governmental instrumentality within the state by false or
fraudulent pretenses, representations or promises; or
  (ii)  defraud  the  state or a political subdivision of the state or a
governmental instrumentality within the state by making use of property,
services or resources of the state, political subdivision of  the  state
or  a governmental instrumentality within the state for private business
purposes or other compensated non-governmental purposes; and
  (b) so obtains property, services or other resources with a  value  in
excess of one thousand dollars from such state, political subdivision or
governmental instrumentality.
  Defrauding the government is a class E felony.

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