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New York Penal Law Section 30.00 - InfancyLegal Research Home > New York Lawyer > Penal > New York Penal Law Section 30.00 - Infancy Sponsored Links
§ 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; 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; subdivision four of section 265.02 of this
chapter, where such firearm is possessed on school grounds, as that
phrase is defined in subdivision fourteen of section 220.00 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.
3. In any prosecution for an offense, lack of criminal responsibility
by reason of infancy, as defined in this section, is a defense.
Last modified: July 30, 2006 |