Except where different meanings are expressly specified in subsequent provisions of this chapter, the following terms have the following meanings. New york penal law index all articles for the criminal code of the new york penal law listed by article and section number. Criminal possession of a weapon in the fourth degree is one of the least serious weapons crimes. It does not involve possessing weapons such as switchblades or razors. A person is guilty of criminal trespass in the third degree when he knowingly enters or remains unlawfully in a building or upon real property a which is fenced or otherwise enclosed in a manner designed to exclude intruders. Defining and identifying knives in violation of the law. Some of my achievements and certifications include. Offense means conduct for which a sentence to a term of imprisonment or to a fine is provided by any law of this state or by any law, local law or ordinance of a political subdivision.
Pistol license handbook letter size suffolk county police. With limited exceptions, new york law does not recognize or give effect to licenses to carry firearms issued by the state of georgia or any other state. The consolidated laws of the state of new york are the codification of the permanent laws of a general nature of new york enacted by the new york state legislature it is composed of several chapters, or laws. If considering prosecution or investigation under nys law, contact your local police department or the new york state police. We hear more than three million cases a year involving almost every type of endeavor. A person is guilty of menacing in the third degree when, by physical menace, he or she intentionally places or attempts to place another person in fear of death, imminent serious physical injury or physical injury. The following definitions are applicable to this article. Being a relative of a child less than sixteen years old, intending to hold such child permanently or for a protracted period, and. Machinegun means a weapon of any description, irrespective. New york state law penal law consolidated laws of new yorks penal code.
Where constructive possession is alleged, or where the people rely on a statutory presumption of possession, insert the appropriate instruction from the additional charges section at the end of this chapter. As used in this article the following definitions shall apply. Nycls session laws provides you with a valuable compendium of the latest bills passed by the state legislature and signed into law by the governor. The official home page of the new york state unified court system. Menacing in the third degree is a class b misdemeanor. Article 10 law nys division of criminal justice services. Article 263 ny penal law sexual performance child ny law.
Article 35 ny penal law shooters haven firearms training. Penal law and criminal procedure law of the state of new york statute, new york state on. New york state penal law ny penal law code nys laws. Article 265 penal law firearms dangerous weapons ny law. Assault weapon means a a semiautomatic rifle that has an ability to accept a detachable magazine and has at least one of the following characteristics. To proscribe conduct which unjustifiably and inexcusably causes or threatens substantial harm to individual or public interests. 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. Youth shooters age 12 to 15 want to shoot rifle or shotgun at our range. Penal law 270 as of 012118 nys division of homeland. We hear family matters, personal injury claims, commercial disputes, trust and estates issues, criminal cases, and landlordtenant cases. Read this complete new york consolidated laws, penal law pen 265. New york state laws consolidated laws of new york state. Of the four criminal possession of a weapon charges in the new york penal code, criminal possession of a weapon in the second degree is one of the most serious. Learn vocabulary, terms, and more with flashcards, games, and other study tools.
Article 10 new york state penal law definitions ny laws. A properly supervised 9 year old can be taught to shoot. It is the responsibility of licensees to understand the license law respective to their occupation. New york state felony classes and sentences all felonies range in classification from a to e with the a crimes as the most serious. Refuses to answer any material and proper question. Click on the above link to view the nys penal code article 265 firearms and other dangerous weapons. Thus, except for the name of the crime, the charge for penal law 265. New york state penal law index new york laws penal code. New york uses a system called continuous codification whereby each session law clearly identifies the law and section of the c. Each section ends with the word or if i am reading that right, i would think that if you violated any one of the clauses, you would violate this section of article 265. This site contains the full online searchable text of the alcoholic beverage control law, the criminal procedure law, the penal law and the vehicle and traffic law for the state of new york. The new york state division of criminal justice services will report to us every instance.
Gravity knife a gravity knife is a knife containing a blade that is released from its handle. New york uses a system called continuous codification whereby each session law clearly identifies the law and section of the consolidated laws affected by its passage. Article 140 nys penal law burglary criminal trespass laws. Justia us law us codes and statutes new york consolidated laws 2012 new york consolidated laws pen penal part 3 specific offenses title p offenses against public safety article 265 265. Machinegun means a weapon of any description, irrespective of size, by whatever name known, loaded or unloaded, from which a number of shots or bullets may be rapidly or automatically discharged from a magazine with one continuous pull of the trigger. Article 1 nys penal law general purposes ny state codes.
Fourth degree criminal possession of a weapon, new york penal law 265. Qualified retired new york or federal law enforcement officer means an individual who is a retired police officer as police officer is defined in subdivision thirtyfour of section 1. Penal law and criminal procedure law of the state of new york. The following felony class chart is a general sentence classification it does not account for prior criminal history. Scroll down a little more than halfway to find section s 265. Article 25 ny penal law defenses in general nys laws. The general purposes of the provisions of this chapter are. This monthly newsletter keeps practitioners abreast of current developments in environmental law. New york consolidated laws, penal law pen article 265 ny. Juvenile offender means 1 a person thirteen years old who is criminally responsible for acts constituting murder in the second degree as defined in subdivisions one and two of section 125. Penal law and criminal procedure law of the state of new.
Article 215 nys penal law judicial proceedings offenses. While some knives are criminal merely to possess, some are only criminal if used in a particular way. Building, in addition to its ordinary meaning, includes any structure, vehicle or watercraft used for overnight lodging of persons, or used by persons for carrying on business. As used in this article and in article four hundred, the following terms shall mean and include. Article 235 penal law obscenity indecent material ny law. Our materials cover todays most crucial topics, from gangs, identity theft and terrorism to vehicle stop tactics, weapons skills and mental preparation. Nys penal law new york state consolidated laws a comprehensive online digest of nys penal code. Practicing criminal law requires specialized skill and knowledge. Sexual performance means any performance or part thereof which, for purposes of section 263.
The licensing of firearms is governed by penal law 400. A person is guilty of criminal sale of a firearm in the third degree when such person is not authorized pursuant to law to possess a firearm and such person unlawfully either. Refuses, after reasonable notice, to produce books, papers, or documents in his possession or under his control which constitute material and proper evidence. Find all the books, read about the author, and more. Cji2dny penal law article 263 new york state unified. When a defense, other than an affirmative defense, defined by statute is raised at a trial, the people have the burden of disproving such defense beyond a reasonable doubt. Every shooting range licensee shall keep a substantially bound book, not less than six.
Constitution and selected articles from the correction law and navigation law. Authoritative resources are available at the lexisnexis store. Article 265 penal law firearms and other dangerous weapons there are eight sections clauses. 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. Individuals seeking to carry or possess a pistol or revolver must obtain a license. Penal law, art 265, new york state attorney general. You can only be convicted of this crime if you possess a firearm or a gun. New york state penal law felony classes sentences ny law. New york state penal law section 400 mandates certain administrative. Practice commentary, mckinneys cons laws of ny, book 39, penal law art 265.
You will find throughout this book the term firearm. Premises includes the term building, as defined herein, and any real property. Article 30 ny penal law defense of infancy nys laws. Constitution and selected articles from the navigation law. Certified 0th edition by new york state statute author. A corporation must submit its corporate book including. Page 159 influence whether then possessed or merely anticipated in the way of conferring upon any person. New york consolidated laws, penal law the new york state. I do not think that the issue of custody comes into it unless the out of custody parent is somehow harming the child.