New York Law

Laws of New York - This site contains the full online searchable text of the New York Alcoholic Beverage Control Law, the New York Criminal Procedure Law, the New York Penal Law, and the New York Vehicle and Traffic Law. This section contains the Penal Law of New York State.

Article 205 - NY Penal Law

ESCAPE AND OTHER OFFENSES RELATING TO CUSTODY
205.00  Escape and other offenses relating to custody;definitions of terms.
205.05  Escape in the third degree. A MISD
205.10  Escape in the second degree. E FELONY
205.15  Escape in the first degree. D FELONY
205.16  Absconding from temporary release in the second degree. A MISD
205.17  Absconding from temporary release in the first degree. E FELONY
205.18  Absconding from a furlough program. A MISD
205.19  Absconding from a community treatment facility. E FELONY
205.20  Promoting prison contraband in the second degree. A MISD
205.25  Promoting prison contraband in the first degree. D FELONY
205.30  Resisting arrest. A MISD
205.50  Hindering prosecution; definition of term.
205.55  Hindering prosecution in the third degree. A MISD
205.60  Hindering prosecution in the second degree E FELONY
205.65  Hindering prosecution in the first degree. D FELONY

S 205.00 Escape and other offenses relating to custody; definitions of terms.
  The following definitions are applicable to this article:
1. "Detention Facility" means any place used for the confinement,
pursuant to an order of a court, of a person (a) charged with or
convicted of an offense, or (b) charged with being or adjudicated a
youthful offender, person in need of supervision or juvenile delinquent,
or (c) held for extradition or as a material witness, or (d) otherwise
confined pursuant to an order of a court.
2. "Custody" means restraint by a public servant pursuant to an
authorized arrest or an order of a court.
3. "Contraband" means any article or thing which a person confined in
a detention facility is prohibited from obtaining or possessing by
statute, rule, regulation or order.
4. "Dangerous contraband" means contraband which is capable of such
use as may endanger the safety or security of a detention facility or
any person therein.

S 205.05 Escape in the third degree.
  A person is guilty of escape in the third degree when he escapes from
custody.
  Escape in the third degree is a class A misdemeanor.

S 205.10 Escape in the second degree.
  A person is guilty of escape in the second degree when:
  1. He escapes from a detention facility; or
  2. Having been arrested for, charged with or convicted of a class C,
class D or class E felony, he escapes from custody; or
  3. Having been adjudicated a youthful offender, which finding was
substituted for the conviction of a felony, he escapes from custody.
  Escape in the second degree is a class E felony.

S 205.15 Escape in the first degree.
  A person is guilty of escape in the first degree when:
  1. Having been charged with or convicted of a felony, he escapes from
a detention facility; or
  2. Having been arrested for, charged with or convicted of a class A or
class B felony, he escapes from custody; or
  3. Having been adjudicated a youthful offender, which finding was
substituted for the conviction of a felony, he escapes from a detention
facility.
  Escape in the first degree is a class D felony.

* S 205.16 Absconding from temporary release in the second degree.
  A person is guilty of absconding from temporary release in the second
degree when having been released from confinement in a correctional
institution or division for youth facility to participate in a program
of work release, he intentionally fails to return to the institution or
facility of his confinement at or before the time prescribed for his
return.
  Absconding from temporary release in the second degree is a class A
misdemeanor.
  * NB Expires September 1, 2015

* S 205.17 Absconding from temporary release in the first degree.
  A  person  is guilty of absconding from temporary release in the first
degree when having been released  from  confinement  in  a  correctional
institution   under   the   jurisdiction  of  the  state  department  of
corrections  and  community  supervision  or  a   facility   under   the
jurisdiction  of  the  state  office  of children and family services to
participate in a program of temporary release, he or  she  intentionally
fails to return to the institution or facility of his or her confinement
at or before the time prescribed for his or her return.
  Absconding from temporary release in the first degree is a class E felony.
  * NB Expires September 1, 2015

* S 205.18 Absconding from a furlough program.
  A person is guilty of absconding from a furlough program when, having
been released from confinement in an institution under the jurisdiction
of the commissioner of correction in a city having a population of one
million or more or of a county which elects to have this article apply
thereto to participate in a furlough program, he intentionally fails to
return to the institution of his confinement at or before the time
prescribed for his return.
  Absconding from a furlough program is a class A misdemeanor.
  * NB Expires September 1, 2015

* S 205.19 Absconding from a community treatment facility.
  A  person  is guilty of absconding from a community treatment facility
when  having  been  released  from  confinement  from   a   correctional
institution   under   the   jurisdiction  of  the  state  department  of
corrections  and  community  supervision  by  transfer  to  a  community
treatment facility, he or she leaves such facility without authorization
or  he  or  she intentionally fails to return to the community treatment
facility at or before the time prescribed for his or her return.
  Absconding from a community treatment facility is a class E felony.
  * NB Expires September 1, 2015

S 205.20 Promoting prison contraband in the second degree.
  A person is guilty of promoting prison contraband in the second degree
when:
  1. He knowingly and unlawfully introduces any contraband into a
detention facility; or
  2. Being a person confined in a detention facility, he knowingly and
unlawfully makes, obtains or possesses any contraband.
  Promoting prison contraband in the second degree is a class A misdemeanor.

S 205.25 Promoting prison contraband in the first degree.
  A person is guilty of promoting prison contraband in the first degree
when:
  1. He knowingly and unlawfully introduces any dangerous contraband
into a detention facility; or
  2. Being a person confined in a detention facility, he knowingly and
unlawfully makes, obtains or possesses any dangerous contraband.
  Promoting prison contraband in the first degree is a class D felony.

S 205.30 Resisting arrest.
  A person is guilty of resisting arrest when he intentionally prevents
or attempts to prevent a police officer or peace officer from effecting
an authorized arrest of himself or another person.
  Resisting arrest is a class A misdemeanor.

S 205.50 Hindering prosecution; definition of term.
  As used in sections 205.55, 205.60 and 205.65, a person "renders
criminal assistance" when, with intent to prevent, hinder or delay the
discovery or apprehension of, or the lodging of a criminal charge
against, a person who he knows or believes has committed a crime or is
being sought by law enforcement officials for the commission of a crime,
or with intent to assist a person in profiting or benefiting from the
commission of a crime, he:
  1. Harbors or conceals such person; or
  2. Warns such person of impending discovery or apprehension; or
  3. Provides such person with money, transportation, weapon, disguise
or other means of avoiding discovery or apprehension; or
  4. Prevents or obstructs, by means of force, intimidation or
deception, anyone from performing an act which might aid in the
discovery or apprehension of such person or in the lodging of a criminal
charge against him; or
  5. Suppresses, by any act of concealment, alteration or destruction,
any physical evidence which might aid in the discovery or apprehension
of such person or in the lodging of a criminal charge against him; or
  6. Aids such person to protect or expeditiously profit from an
advantage derived from such crime.

S 205.55 Hindering prosecution in the third degree.
  A person is guilty of hindering prosecution in the third degree when
he renders criminal assistance to a person who has committed a felony.
  Hindering prosecution in the third degree is a class A misdemeanor.

S 205.60 Hindering prosecution in the second degree.
  A person is guilty of hindering prosecution in the second degree when
he renders criminal assistance to a person who has committed a class B
or class C felony.
  Hindering prosecution in the second degree is a class E felony.

S 205.65 Hindering prosecution in the first degree.
  A person is guilty of hindering prosecution in the first degree when
he renders criminal assistance to a person who has committed a class A
felony, knowing or believing that such person has engaged in conduct
constituting a class A felony.
  Hindering prosecution in the first degree is a class D felony.

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