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New York Penal - Article 10 - § 10.00 Definitions of Terms of General Use in This ChapterLegal Research Home > New York Laws > Penal > New York Penal - Article 10 - § 10.00 Definitions of Terms of General Use in This Chapter
§ 10.00 Definitions of terms of general use in this chapter.
Except where different meanings are expressly specified in subsequent
provisions of this chapter, the following terms have the following
meanings:
1. "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 of this state, or
by any order, rule or regulation of any governmental instrumentality
authorized by law to adopt the same.
2. "Traffic infraction" means any offense defined as "traffic
infraction" by section one hundred fifty-five of the vehicle and traffic
law.
3. "Violation" means an offense, other than a "traffic infraction, "
for which a sentence to a term of imprisonment in excess of fifteen days
cannot be imposed.
4. "Misdemeanor" means an offense, other than a "traffic infraction, "
for which a sentence to a term of imprisonment in excess of fifteen days
may be imposed, but for which a sentence to a term of imprisonment in
excess of one year cannot be imposed.
5. "Felony" means an offense for which a sentence to a term of
imprisonment in excess of one year may be imposed.
6. "Crime" means a misdemeanor or a felony.
7. "Person" means a human being, and where appropriate, a public or
private corporation, an unincorporated association, a partnership, a
government or a governmental instrumentality.
8. "Possess" means to have physical possession or otherwise to
exercise dominion or control over tangible property.
9. "Physical injury" means impairment of physical condition or
substantial pain.
10. "Serious physical injury" means physical injury which creates a
substantial risk of death, or which causes death or serious and
protracted disfigurement, protracted impairment of health or protracted
loss or impairment of the function of any bodily organ.
11. "Deadly physical force" means physical force which, under the
circumstances in which it is used, is readily capable of causing death
or other serious physical injury.
12. "Deadly weapon" means any loaded weapon from which a shot, readily
capable of producing death or other serious physical injury, may be
discharged, or a switchblade knife, gravity knife, pilum ballistic
knife, metal knuckle knife, dagger, billy, blackjack, plastic knuckles,
or metal knuckles.
13. "Dangerous instrument" means any instrument, article or substance,
including a "vehicle" as that term is defined in this section, which,
under the circumstances in which it is used, attempted to be used or
threatened to be used, is readily capable of causing death or other
serious physical injury.
14. "Vehicle" means a "motor vehicle", "trailer" or "semi-trailer," as
defined in the vehicle and traffic law, any snowmobile as defined in the
parks and recreation law, any aircraft, or any vessel equipped for
propulsion by mechanical means or by sail.
15. "Public servant" means (a) any public officer or employee of the
state or of any political subdivision thereof or of any governmental
instrumentality within the state, or (b) any person exercising the
functions of any such public officer or employee. The term public
servant includes a person who has been elected or designated to become a
public servant.
16. "Juror" means any person who is a member of any jury, including a
grand jury, impaneled by any court in this state or by any public
servant authorized by law to impanel a jury. The term juror also
includes a person who has been drawn or summoned to attend as a
prospective juror.
17. "Benefit" means any gain or advantage to the beneficiary and
includes any gain or advantage to a third person pursuant to the desire
or consent of the beneficiary.
18. "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 125.25 of this chapter
or such conduct as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law; and
(2) a person fourteen or fifteen years old who is criminally
responsible for acts constituting the crimes defined in subdivisions one
and two of section 125.25 (murder in the second degree) 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; 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 such conduct as a sexually motivated felony, where
authorized pursuant to section 130.91 of the penal law.
19. For the purposes of section 260.30 and 120.01 of this chapter the
term "child day care provider" shall be defined as provided for in
section three hundred ninety of the social services law.
20. For purposes of sections 120.13, 120.18, 125.11, 125.21 and 125.22
of this chapter, the term "peace officer" means a peace officer as
defined in subdivision one, two, three, four, six, twelve, thirteen,
fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one,
twenty-three, twenty-three-a, twenty-four, twenty-five, twenty-six,
twenty-eight, twenty-nine, thirty, thirty-one, thirty-two, thirty-four,
thirty-five, thirty-six, forty-three, forty-five, forty-seven,
forty-eight, forty-nine, fifty-one, fifty-two, fifty-eight, sixty-one,
as added by chapter two hundred fifty-seven of the laws of nineteen
hundred ninety-two, sixty-one, as added by chapter three hundred
twenty-one of the laws of nineteen hundred ninety-two, sixty-two, as
added by chapter two hundred four of the laws of nineteen hundred
ninety-three, sixty-two, as added by chapter six hundred eighty-seven of
the laws of nineteen hundred ninety-three, sixty-three, as amended by
chapter six hundred thirty-eight of the laws of two thousand three,
sixty-four, sixty-five, sixty-eight, as added by chapter one hundred
sixty-eight of the laws of two thousand, sixty-eight, as added by
chapter three hundred eighty-one of the laws of two thousand, seventy,
seventy-one, seventy-four, as added by chapter five hundred forty-eight
of the laws of two thousand one, seventy-five, as added by chapter three
hundred twenty-one of the laws of two thousand two, seventy-five, as
added by chapter six hundred twenty-three of the laws of two thousand
two, seventy-seven, as added by chapter three hundred sixty-seven of the
laws of two thousand four, seventy-eight or seventy-nine, as added by
chapter two hundred forty-one of the laws of two thousand four, of
section 2.10 of the criminal procedure law, as well as any federal law
enforcement officer defined in section 2.15 of the criminal procedure
law.
Section: Previous Article 10 10.00
Last modified: February 17, 2012 |
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