New York State Law

Penal Law

A Digest of New York's Criminal Code and Related Laws

Hate Crimes - Article 485.05

Offense Code
Assault 3rd degree 120.00
Assault 2nd degree 120.05
Assault 1st degree 120.10
Aggravated assault upon a person less than 11 years old 120.12
Menacing 1st degree 120.13
Menacing 2nd degree 120.14
Menacing 3rd degree 120.15
Reckless endangerment 2nd degree 120.20
Reckless endangerment 1st degree 120.25
Strangulation 2nd degree 121.12
Strangulation 1st degree 121.13
Manslaughter 2nd degree (sub 1) 125.15
Manslaughter 1st degree (sub 1, 2 or 4) 125.20
Murder 2nd degree 125.25
Stalking 4th degree 120.45
Stalking 3rd degree 120.50
Stalking 2nd degree 120.55
Stalking 1st degree 120.60
Rape 1st degree (sub 1) 130.35
Criminal sexual act 1st degree (sub 1) 130.50
Sexual abuse 1st degree (sub 1) 130.65
Aggravated sexual abuse 2nd degree (paragraph (a) sub 1) 130.67
Aggravated sexual abuse 1st degree (paragraph (a) sub 1) 130.70
Unlawful imprisonment 2nd degree 135.05
Unlawful imprisonment 1st degree 135.10
Kidnapping 2nd degree 135.20
Kidnapping 1st degree 135.25
Coercion 2nd degree 135.60
Coercion 1st degree 135.65
Criminal Trespass 3rd degree 140.10
Criminal Trespass 2nd degree 140.15
Criminal Trespass 1st degree 140.17
Burglary 3rd degree 140.20
Burglary 2nd degree 140.25
Burglary 1st degree 140.30
Criminal Mischief 4th degree 145.00
Criminal Mischief 3rd degree 145.05
Criminal Mischief 2nd degree 145.10
Criminal Mischief 1st degree 145.12
Arson 4th degree 150.05
Arson 3rd degree 150.10
Arson 2nd degree 150.15
Arson 1st degree 150.20
Petit Larceny 155.25
Grand Larceny 4th degree 155.30
Grand Larceny 3rd degree 155.35
Grand Larceny 2nd degree 155.40
Grand Larceny 1st degree 155.42
Robbery 3rd degree 160.05
Robbery 2nd degree 160.10
Robbery 1st degree 160.15
Harassment 1st degree 240.25
Aggravated Harassment 2nd degree 240.30
Any Attempt or Conspiracy to Commit Above Offenses  
Hate Crime
1. A person commits a hate crime when he or she commits a specified offense and either: (a) intentionally selects the person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct, or (b) intentionally commits the act or acts constituting the offense in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person, regardless of whether the belief or perception is correct.
2. Proof of race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of the defendant, the victim or of both the defendant and the victim does not, by itself, constitute legally sufficient evidence satisfying the people's burden under paragraph (a) or (b) of subdivision one of this section.

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