New York State Law

Penal Law

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

Article 30 - NY Penal Law

DEFENSE OF INFANCY

30.00 Infancy.
S 30.00 Infancy.
    1.  Except  as  provided  in subdivision two of this section, a person
  less than sixteen years old is not criminally responsible for conduct.
    2. A person thirteen, fourteen or fifteen years of age  is  criminally
  responsible for acts constituting murder in the second degree as defined
  in  subdivisions  one and two of section 125.25 and in subdivision three
  of such section provided that the underlying crime for the murder charge
  is one for which such person  is  criminally  responsible  or  for  such
  conduct  as  a  sexually  motivated felony, where authorized pursuant to
  section 130.91 of the penal law; and a person fourteen or fifteen  years
  of  age  is  criminally  responsible  for  acts  constituting the crimes
  defined in section 135.25  (kidnapping in the first degree);  150.20
  (arson  in the first degree); subdivisions one and two of section 120.10
  (assault in  the  first  degree);  125.20  (manslaughter  in  the  first
  degree);  subdivisions  one and two of section 130.35 (rape in the first
  degree); subdivisions one and two of section 130.50 (criminal sexual act
  in the first degree); 130.70  (aggravated  sexual  abuse  in  the  first
  degree);  140.30  (burglary  in  the  first  degree); subdivision one of
  section 140.25 (burglary in the second degree);  150.15  (arson  in  the
  second degree); 160.15 (robbery in the first degree); subdivision two of
  section  160.10  (robbery  in  the  second  degree)  of this chapter; or
  section 265.03 of this chapter, where such machine gun or  such  firearm
  is possessed on school grounds, as that phrase is defined in subdivision
  fourteen  of  section 220.00 of this chapter; or defined in this chapter
  as an attempt to commit murder in the second degree or kidnapping in the
  first degree, or for such conduct as a sexually motivated felony,  where
  authorized pursuant to section 130.91 of the penal law.
    3.  In any prosecution for an offense, lack of criminal responsibility
  by reason of infancy, as defined in this section, is a defense.

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