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Article 215 - NY Penal Law

• NY Laws ›
• Penal Law ›
• Part 3 ›
• Title L ›
• Article 215

S 215.00  Bribing a witness.
  A person is guilty of bribing a witness when he confers, or offers or
agrees to confer, any benefit upon a witness or a person about to be
called as a witness in any action or proceeding upon an agreement or
understanding that (a) the testimony of such witness will thereby be
influenced, or (b) such witness will absent himself from, or otherwise
avoid or seek to avoid appearing or testifying at, such action or
proceeding.
  Bribing a witness is a class D felony.

S 215.05  Bribe receiving by a witness.
  A witness or a person about to be called as a witness in any action or
proceeding is guilty of bribe receiving by a witness when he solicits,
accepts or agrees to accept any benefit from another person upon an
agreement or understanding that (a) his testimony will thereby be
influenced, or (b) he will absent himself from, or otherwise avoid or
seek to avoid appearing or testifying at, such action or proceeding.
  Bribe receiving by a witness is a class D felony.

S 215.10  Tampering with a witness in the fourth degree.
  A person is guilty of tampering with a witness when, knowing that a
person is or is about to be called as a witness in an action or
proceeding, (a) he wrongfully induces or attempts to induce such person
to absent himself from, or otherwise to avoid or seek to avoid appearing
or testifying at, such action or proceeding, or (b) he knowingly makes
any false statement or practices any fraud or deceit with intent to
affect the testimony of such person.
  Tampering with a witness in the fourth degree is a class A misdemeanor.

S 215.11  Tampering with a witness in the third degree.
  A person is guilty of tampering with a witness in the third degree
when, knowing that a person is about to be called as a witness in a
criminal proceeding:
  1. He wrongfully compels or attempts to compel such person to absent
himself from, or otherwise to avoid or seek to avoid appearing or
testifying at such proceeding by means of instilling in him a fear that
the actor will cause physical injury to such person or another person;
or
  2. He wrongfully compels or attempts to compel such person to swear
falsely by means of instilling in him a fear that the actor will cause
physical injury to such person or another person.
  Tampering with a witness in the third degree is a class E felony.

S 215.12  Tampering with a witness in the second degree.
  A person is guilty of tampering with a witness in the second degree
when he:
  1. Intentionally causes physical injury to a person for the purpose of
obstructing, delaying, preventing or impeding the giving of testimony in
a criminal proceeding by such person or another person or for the
purpose of compelling such person or another person to swear falsely; or
  2. He intentionally causes physical injury to a person on account of
such person or another person having testified in a criminal proceeding.
  Tampering with a witness in the second degree is a class D felony.

S 215.13  Tampering with a witness in the first degree.
  A person is guilty of tampering with a witness in the first degree
when:
  1. He intentionally causes serious physical injury to a person for the
purpose of obstructing, delaying, preventing or impeding the giving of
testimony in a criminal proceeding by such person or another person or
for the purpose of compelling such person or another person to swear
falsely; or
  2. He intentionally causes serious physical injury to a person on
account of such person or another person having testified in a criminal
proceeding.
  Tampering with a witness in the first degree is a class B felony.

S 215.14  Employer unlawfully penalizing witness or victim.
  1. Any person who is the victim of an offense upon which an accusatory
instrument is based or, is subpoenaed to attend a criminal proceeding as
a witness pursuant to article six hundred ten of the criminal procedure
law or who exercises his rights as a victim as provided by section
380.50 or 390.30 of the criminal procedure law or subdivision two of
section two hundred fifty-nine-i of the executive law and who notifies
his employer or agent of his intent to appear as a witness, to consult
with the district attorney, or to exercise his rights as provided in the
criminal procedure law, the family court act and the executive law prior
to the day of his attendance, shall not on account of his absence from
employment by reason of such service be subject to discharge or penalty
except as hereinafter provided. Upon request of the employer or agent,
the party who sought the attendance or testimony shall provide
verification of the employee`s service. An employer may, however,
withhold wages of any such employee during the period of such
attendance. The subjection of an employee to discharge or penalty on
account of his absence from employment by reason of his required
attendance as a witness at a criminal proceeding or consultation with
the district attorney or exercise of his rights as provided under law
shall constitute a class B misdemeanor.
  2. For purposes of this section, the term "victim" shall include the
aggrieved party or the aggrieved party`s next of kin, if the aggrieved
party is deceased as a result of the offense, the representative of a
victim as defined in subdivision six of section six hundred twenty-one
of the executive law, a good samaritan as defined in subdivision seven
of section six hundred twenty-one of such law or a person pursuing an
application or enforcement of an order of protection under the criminal
procedure law or the family court act.

S 215.15  Intimidating a victim or witness in the third degree.
  A person is guilty of intimidating a victim or witness in the third
degree when, knowing that another person possesses information relating
to a criminal transaction and other than in the course of that criminal
transaction or immediate flight therefrom, he:
  1. Wrongfully compels or attempts to compel such other person to
refrain from communicating such information to any court, grand jury,
prosecutor, police officer or peace officer by means of instilling in
him a fear that the actor will cause physical injury to such other
person or another person; or
  2. Intentionally damages the property of such other person or another
person for the purpose of compelling such other person or another person
to refrain from communicating, or on account of such other person or
another person having communicated, information relating to that
criminal transaction to any court, grand jury, prosecutor, police
officer or peace officer.
  Intimidating a victim or witness in the third degree is a class E felony.

S 215.16  Intimidating a victim or witness in the second degree.
  A person is guilty of intimidating a victim or witness in the second
degree when, other than in the course of that criminal transaction or
immediate flight therefrom, he:
  1. Intentionally causes physical injury to another person for the
purpose of obstructing, delaying, preventing or impeding the
communication by such other person or another person of information
relating to a criminal transaction to any court, grand jury, prosecutor,
police officer or peace officer or for the purpose of compelling such
other person or another person to swear falsely; or
  2. Intentionally causes physical injury to another person on account
of such other person or another person having communicated information
relating to a criminal transaction to any court, grand jury, prosecutor,
police officer or peace officer; or
  3. Recklessly causes physical injury to another person by
intentionally damaging the property of such other person or another
person, for the purpose of obstructing, delaying, preventing or impeding
such other person or another person from communicating, or on account of
such other person or another person having communicated, information
relating to a criminal transaction to any court, grand jury, prosecutor,
police officer or peace officer.
  Intimidating a victim or witness in the second degree is a class D felony.

S 215.17 Intimidating a victim or witness in the first degree.
  A person is guilty of intimidating a victim or witness in the first
degree when, other than in the course of that criminal transaction or
immediate flight therefrom, he:
  1. Intentionally causes serious physical injury to another person for
the purpose of obstructing, delaying, preventing or impeding the
communication by such other person or another person of information
relating to a criminal transaction to any court, grand jury, prosecutor,
police officer or peace officer or for the purpose of compelling such
other person or another person to swear falsely; or
  2. Intentionally causes serious physical injury to another person on
account of such other person or another person having communicated
information relating to a criminal transaction to any court, grand jury,
prosecutor, police officer or peace officer.
  Intimidating a victim or witness in the first degree is a class B felony.

S 215.19  Bribing a juror.
  A person is guilty of bribing a juror when he confers, or offers or
agrees to confer, any benefit upon a juror upon an agreement or
understanding that such juror`s vote, opinion, judgment, decision or
other action as a juror will thereby be influenced.
  Bribing a juror is a class D felony.

S 215.20  Bribe receiving by a juror.
  A juror is guilty of bribe receiving by a juror when he solicits,
accepts or agrees to accept any benefit from another person upon an
agreement or understanding that his vote, opinion, judgment, decision or
other action as a juror will thereby be influenced.
  Bribe receiving by a juror is a class D felony.

S 215.22  Providing a juror with a gratuity.
  A person is guilty of providing a juror with a gratuity when he or
she, having been a party in a concluded civil or criminal action or
proceeding or having been a person with regard to whom a grand jury has
taken action pursuant to any subdivision of section 190.60 of the
criminal procedure law (or acting on behalf of such a party or such a
person), directly or indirectly confers, offers to confer or agrees to
confer upon a person whom he or she knows has served as a juror in such
action or proceeding or on such grand jury any benefit with intent to
reward such person for such service.
  Providing a juror with a gratuity is a class A misdemeanor.

S 215.23  Tampering with a juror in the second degree.
  A person is guilty of tampering with a juror in the second degree
when, prior to discharge of the jury, he:
  1. confers, or offers or agrees to confer, any payment or benefit upon
a juror or upon a third person acting on behalf of such juror, in
consideration for such juror or third person supplying information in
relation to an action or proceeding pending or about to be brought
before such juror; or
  2. acting on behalf of a juror, accepts or agrees to accept any
payment or benefit for himself or for such juror, in consideration for
supplying any information in relation to an action or proceeding pending
or about to be brought before such juror and prior to his discharge.
  Tampering with a juror in the second degree is a class B misdemeanor.

S 215.25  Tampering with a juror in the first degree.
  A person is guilty of tampering with a juror in the first degree when,
with intent to influence the outcome of an action or proceeding, he
communicates with a juror in such action or proceeding, except as
authorized by law.
  Tampering with a juror in the first degree is a class A misdemeanor.

S 215.28 Misconduct by a juror in the second degree.
  A person is guilty of misconduct by a juror in the second degree when,
in relation to an action or proceeding pending or about to be brought
before him and prior to discharge, he accepts or agrees to accept any
payment or benefit for himself or for a third person in consideration
for supplying any information concerning such action or proceeding.
  Misconduct by a juror in the second degree is a violation.

S 215.30  Misconduct by a juror in the first degree.
  A juror is guilty of misconduct by a juror in the first degree when,
in relation to an action or proceeding pending or about to be brought
before him, he agrees to give a vote, opinion, judgment, decision or
report for or against any party to such action or proceeding.
  Misconduct by a juror in the first degree is a class A misdemeanor.

S 215.35  Tampering with physical evidence; definitions of terms.
  The following definitions are applicable to section 215.40:
  1. "Physical evidence" means any article, object, document, record or
other thing of physical substance which is or is about to be produced or
used as evidence in an official proceeding.
  2. "Official proceeding" means any action or proceeding conducted by
or before a legally constituted judicial, legislative, administrative or
other governmental agency or official, in which evidence may properly be
received.

S 215.40  Tampering with physical evidence.
  A person is guilty of tampering with physical evidence when:
  1. With intent that it be used or introduced in an official proceeding
or a prospective official proceeding, he (a) knowingly makes, devises or
prepares false physical evidence, or (b) produces or offers such
evidence at such a proceeding knowing it to be false; or
  2. Believing that certain physical evidence is about to be produced or
used in an official proceeding or a prospective official proceeding, and
intending to prevent such production or use, he suppresses it by any act
of concealment, alteration or destruction, or by employing force,
intimidation or deception against any person.
  Tampering with physical evidence is a class E felony.

S 215.45  Compounding a crime.
  1. A person is guilty of compounding a crime when:
  (a) He solicits, accepts or agrees to accept any benefit upon an
agreement or understanding that he will refrain from initiating a
prosecution for a crime; or
  (b) He confers, or offers or agrees to confer, any benefit upon
another person upon an agreement or understanding that such other person
will refrain from initiating a prosecution for a crime.
  2. In any prosecution under this section, it is an affirmative defense
that the benefit did not exceed an amount which the defendant reasonably
believed to be due as restitution or indemnification for harm caused by
the crime.
  Compounding a crime is a class A misdemeanor.

S 215.50  Criminal contempt in the second degree.
  A person is guilty of criminal contempt in the second degree when he
engages in any of the following conduct:
  1. Disorderly, contemptuous, or insolent behavior, committed during
the sitting of a court, in its immediate view and presence and directly
tending to interrupt its proceedings or to impair the respect due to its
authority; or
  2. Breach of the peace, noise, or other disturbance, directly tending
to interrupt a court`s proceedings; or
  3. Intentional disobedience or resistance to the lawful process or
other mandate of a court except in cases involving or growing out of
labor disputes as defined by subdivision two of section seven hundred
fifty-three-a of the judiciary law; or
  4. Contumacious and unlawful refusal to be sworn as a witness in any
court proceeding or, after being sworn, to answer any legal and proper
interrogatory; or
  5. Knowingly publishing a false or grossly inaccurate report of a
court`s proceedings; or
  6. Intentional failure to obey any mandate, process or notice, issued
pursuant to articles sixteen, seventeen, eighteen, or eighteen-a of the
judiciary law, or to rules adopted pursuant to any such statute or to
any special statute establishing commissioners of jurors and prescribing
their duties or who refuses to be sworn as provided therein; or
  7. On or along a public street or sidewalk within a radius of two
hundred feet of any building established as a courthouse, he calls
aloud, shouts, holds or displays placards or signs containing written or
printed matter, concerning the conduct of a trial being held in such
courthouse or the character of the court or jury engaged in such trial
or calling for or demanding any specified action or determination by
such court or jury in connection with such trial.
  Criminal contempt in the second degree is a class A misdemeanor.

S 215.51 Criminal contempt in the first degree.
  A person is guilty of criminal contempt in the first degree when:
  (a) he contumaciously and unlawfully refuses to be sworn as a witness
before a grand jury, or, when after having been sworn as a witness
before a grand jury, he refuses to answer any legal and proper
interrogatory; or
  (b) in violation of a duly served order of protection, or such order
of which the defendant has actual knowledge because he or she was
present in court when such order was issued, or an order of protection
issued by a court of competent jurisdiction in this or another state,
territorial or tribal jurisdiction, he or she:
  (i) intentionally places or attempts to place a person for whose
protection such order was issued in reasonable fear of physical injury,
serious physical injury or death by displaying a deadly weapon,
dangerous instrument or what appears to be a pistol, revolver, rifle,
shotgun, machine gun or other firearm or by means of a threat or
threats; or
  (ii) intentionally places or attempts to place a person for whose
protection such order was issued in reasonable fear of physical injury,
serious physical injury or death by repeatedly following such person or
engaging in a course of conduct or repeatedly committing acts over a
period of time; or
  (iii) intentionally places or attempts to place a person for whose
protection such order was issued in reasonable fear of physical injury,
serious physical injury or death when he or she communicates or causes a
communication to be initiated with such person by mechanical or
electronic means or otherwise, anonymously or otherwise, by telephone,
or by telegraph, mail or any other form of written communication; or
  (iv) with intent to harass, annoy, threaten or alarm a person for
whose protection such order was issued, repeatedly makes telephone calls
to such person, whether or not a conversation ensues, with no purpose of
legitimate communication; or
  (v) with intent to harass, annoy, threaten or alarm a person for whose
protection such order was issued, strikes, shoves, kicks or otherwise
subjects such other person to physical contact or attempts or threatens
to do the same; or
  (vi) by physical menace, intentionally places or attempts to place a
person for whose protection such order was issued in reasonable fear of
death, imminent serious physical injury or physical injury.
  (c) he or she commits the crime of criminal  contempt  in  the  second
degree as defined in subdivision three of section 215.50 of this article
by  violating  that  part  of a duly served order of protection, or such
order of which the defendant has actual knowledge because he or she  was
present  in court when such order was issued, under sections two hundred
forty and two hundred fifty-two of the domestic relations law,  articles
four,  five, six and eight of the family court act and section 530.12 of
the criminal procedure law, or an order of protection issued by a  court
of  competent  jurisdiction  in  another  state,  territorial  or tribal
jurisdiction, which requires the respondent or defendant  to  stay  away
from  the  person  or  persons on whose behalf the order was issued, and
where the defendant has  been  previously  convicted  of  the  crime  of
aggravated criminal contempt or criminal contempt in the first or second
degree  for  violating an order of protection as described herein within
the preceding five years; or
  (d) in violation of a duly served order of protection, or such order
of which the defendant has actual knowledge because he or she was
present in court when such order was issued, or an order issued by a
court of competent jurisdiction in this or another state, territorial or
tribal jurisdiction, he or she intentionally or recklessly damages the
property of a person for whose protection such order was issued in an
amount exceeding two hundred fifty dollars.
  Criminal contempt in the first degree is a class E felony.

S 215.52  Aggravated criminal contempt.
  A person is guilty of aggravated criminal contempt when:
  1. in violation of a duly served order of protection, or such order of
which  the  defendant has actual knowledge because he or she was present
in court when such order was issued, or an order of protection issued by
a court of competent  jurisdiction  in  another  state,  territorial  or
tribal  jurisdiction,  he  or  she  intentionally  or  recklessly causes
physical injury or  serious  physical  injury  to  a  person  for  whose
protection such order was issued; or
  2.  he  or  she  commits  the  crime of criminal contempt in the first
degree as defined in subdivision (b) or (d) of section  215.51  of  this
article  and  has  been  previously convicted of the crime of aggravated
criminal contempt; or
  3. he or she commits the crime  of  criminal  contempt  in  the  first
degree,  as  defined  in  paragraph  (i),  (ii),  (iii),  (v) or (vi) of
subdivision (b) or subdivision (c) of section 215.51  of  this  article,
and  has  been previously convicted of the crime of criminal contempt in
the first degree, as defined in such subdivision  (b),  (c)  or  (d)  of
section 215.51 of this article, within the preceding five years.
  Aggravated criminal contempt is a class D felony.

S 215.54  Criminal contempt; prosecution and punishment.
  Adjudication for criminal contempt under subdivision A of section
seven hundred fifty of the judiciary law shall not bar a prosecution for
the crime of criminal contempt under section 215.50 based upon the same
conduct but, upon conviction thereunder, the court, in sentencing the
defendant shall take the previous punishment into consideration.

S 215.55  Bail jumping in the third degree.
  A person is guilty of bail jumping in the third degree when by court
order he has been released from custody or allowed to remain at liberty,
either upon bail or upon his own recognizance, upon condition that he
will subsequently appear personally in connection with a criminal action
or proceeding, and when he does not appear personally on the required
date or voluntarily within thirty days thereafter.
  Bail jumping in the third degree is a class A misdemeanor.

S 215.56  Bail jumping in the second degree.
  A person is guilty of bail jumping in the second degree when by court
order he has been released from custody or allowed to remain at liberty,
either upon bail or upon his own recognizance, upon condition that he
will subsequently appear personally in connection with a charge against
him of committing a felony, and when he does not appear personally on
the required date or voluntarily within thirty days thereafter.
  Bail jumping in the second degree is a class E felony.

S 215.57  Bail jumping in the first degree.
  A person is guilty of bail jumping in the first degree when by court
order he has been released from custody or allowed to remain at liberty,
either upon bail or upon his own recognizance, upon condition that he
will subsequently appear personally in connection with an indictment
pending against him which charges him with the commission of a class A
or class B felony, and when he does not appear personally on the
required date or voluntarily within thirty days thereafter.
  Bail jumping in the first degree is a class D felony.

S 215.58 Failing to respond to an appearance ticket.
  1. A person is guilty of failing to respond to an appearance ticket
when, having been personally served with an appearance ticket, as
defined in subdivision two, based upon his alleged commission of a
crime, he does not appear personally in the court in which such
appearance ticket is returnable on the return date thereof or
voluntarily within thirty days thereafter.
  2. As used in this section, an appearance ticket means a written
notice, whether referred to as a summons or by any other name, issued by
a police officer, peace officer or other non-judicial public servant
authorized by law to issue the same, directing a designated person to
appear in a designated court at a designated future time in connection
with a criminal action to be instituted in such court with respect to
his alleged commission of a designated offense.
  3. This section does not apply to any case in which an alternative to
response to an appearance ticket is authorized by law and the actor
complies with such alternative procedure.
  Failing to respond to an appearance ticket is a violation.

S 215.59  Bail jumping and failing to respond to an appearance ticket;defense.
  In any prosecution for bail jumping or failing to respond to an
appearance ticket, it is an affirmative defense that:
  1. The defendant`s failure to appear on the required date or within
thirty days thereafter was unavoidable and due to circumstances beyond
his control; and
  2. During the period extending from the expiration of the thirty day
period to the commencement of the action, the defendant either:
  (a) appeared voluntarily as soon as he was able to do so, or
  (b) although he did not so appear, such failure of appearance was
unavoidable and due to circumstances beyond his control.

S 215.60  Criminal contempt of the legislature.
  A person is guilty of criminal contempt of the legislature when,
having been duly subpoenaed to attend as a witness before either house
of the legislature or before any committee thereof, he:
  1. Fails or refuses to attend without lawful excuse; or
  2. Refuses to be sworn; or
  3. Refuses to answer any material and proper question; or
  4. Refuses, after reasonable notice, to produce books, papers, or
documents in his possession or under his control which constitute
material and proper evidence.
  Criminal contempt of the legislature is a class A misdemeanor.

S 215.65  Criminal contempt of a temporary state commission.
  A person is guilty of criminal contempt of a temporary state
commission when, having been duly subpoenaed to attend as a witness at
an investigation or hearing before a temporary state commission, he
fails or refuses to attend without lawful excuse.
  Criminal contempt of a temporary state commission is a class A misdemeanor.

S 215.66  Criminal contempt of the state commission on judicial conduct.
  A person is guilty of criminal contempt of the state commission on
judicial conduct when, having been duly subpoenaed to attend as a
witness at an investigation or hearing before the commission or a
referee designated by the commission, he fails or refuses to attend
without lawful excuse.
  Criminal contempt of the state commission on judicial conduct is a
class A misdemeanor.

S 215.70  Unlawful grand jury disclosure.
  A person is guilty of unlawful grand jury disclosure when, being a
grand juror, a public prosecutor, a grand jury stenographer, a grand
jury interpreter, a police officer or a peace officer guarding a witness
in a grand jury proceeding, or a clerk, attendant, warden or other
public servant having official duties in or about a grand jury room or
proceeding, or a public officer or public employee, he intentionally
discloses to another the nature or substance of any grand jury
testimony, or any decision, result or other matter attending a grand
jury proceeding which is required by law to be kept secret, except in
the proper discharge of his official duties or upon written order of the
court.  Nothing contained herein shall prohibit a witness from
disclosing his own testimony.
  Unlawful grand jury disclosure is a class E felony.

S 215.75  Unlawful disclosure of an indictment.
  A public servant is guilty of unlawful disclosure of an indictment
when, except in the proper discharge of his official duties, he
intentionally discloses the fact that an indictment has been found or
filed before the accused person is in custody.
  Unlawful disclosure of an indictment is a class B misdemeanor.

S 215.80  Unlawful disposition of assets subject to forfeiture.
  Any defendant in a forfeiture action pursuant to article thirteen-A of
the civil practice law and rules who knowingly and intentionally
conceals, destroys, dissipates, alters, removes from the jurisdiction,
or otherwise disposes of, property specified in a provisional remedy
ordered by the court or in a judgment of forfeiture in knowing contempt
of said order shall be guilty of a class A misdemeanor.

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