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New York Penal - Article 15 - § 15.05 Culpability; Definitions of Culpable Mental States

Legal Research Home > New York Laws > Penal > New York Penal - Article 15 - § 15.05 Culpability; Definitions of Culpable Mental States


Penal 
 
  § 15.05 Culpability; definitions of culpable mental states.
    The following definitions are applicable to this chapter:
    1.  "Intentionally."  A  person  acts  intentionally with respect to a
  result or to conduct described by a statute defining an offense when his
  conscious objective is to  cause  such  result  or  to  engage  in  such
  conduct.
    2.  "Knowingly." A person acts knowingly with respect to conduct or to
  a circumstance described by a statute defining an  offense  when  he  is
  aware  that  his  conduct  is  of  such nature or that such circumstance
  exists.
    3. "Recklessly." A person acts recklessly with respect to a result  or
  to  a circumstance described by a statute defining an offense when he is
  aware of and consciously disregards a substantial and unjustifiable risk
  that such result will occur or that such circumstance exists.  The  risk
  must  be  of such nature and degree that disregard thereof constitutes a
  gross deviation from the standard of conduct that  a  reasonable  person
  would observe in the situation.  A person who creates such a risk but is
  unaware  thereof  solely  by  reason of voluntary intoxication also acts
  recklessly with respect thereto.
    4. "Criminal negligence." A person acts with criminal negligence  with
  respect to a result or to a circumstance described by a statute defining
  an  offense  when  he  fails to perceive a substantial and unjustifiable
  risk that such result will occur or that such circumstance  exists.  The
  risk  must  be of such nature and degree that the failure to perceive it
  constitutes  a  gross  deviation  from  the  standard  of  care  that  a
  reasonable person would observe in the situation.
Section:  Previous  Article 15  15.00  15.05  15.10  15.15  15.20  15.25  Next

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Last modified: February 16, 2014