Intro to Penal Law Flashcards
Four Parts of The Penal Law
Part One General Provisions - Defined
Part Two Sentences - Punishment
Part Three Specific Offenses - Define offense
Part Four Administrative Provisions - Permits/Lisence
Offense
Any conduct punishable by imprisonment or fine in New York State.
Traffic Infraction
Conduct defined in the New York State Vehicle and Traffic Law.
Violation
an offense other than a traffic infraction punishable by no more than 15 days imprisonment in a city or county jail.
Misdemeanor
an offense other than a traffic infraction punishable by more than 15 days but no more than a year imprisonment (365 days) in a city or county jail.
Felony
an offense punishable by more than a year imprisonment (366 days) in a state prison.
Crime
a misdemeanor or felony.
Possess
To have physical possession or otherwise exercise dominion or control over tangible property.
Physical Injury
impairment of physical condition or substantial pain. (Broken Nose)
Serious Physical Injury
a physical injury which creates: a substantial risk of death causes death serious and protracted disfigurement protracted impairment of health protracted loss or impairment of the function of any bodily organ.
Deadly Physical Force
physical force which, under the circumstances in which it is used, is readily capable of causing death or other serious physical injury.
Deadly Weapon
Switchblade knife; C Gravity knife; C Pilum ballistic knife; S Metal knuckle knife; C Dagger; C Billy; H Blackjack; H Metal knuckles; H Plastic knuckles; H
Dangerous Instrument
includes any instrument, under the circumstances in which it is used is capable of causing death, serious injury, or serious impairment.
Defenses
justification
infancy
affirmative defenses
mental disease/defect
entrapment
duress
renunciation
Justification
The defense of justification excuses the use of force in some limited situations
Infancy
The defense of infancy generally means that children under 16 cannot be convicted of crimes.
Mental Disease/Defect
Lacks the capacity to know or appreciate the nature and consequence of his or her conduct
Entrapment
wrongly persuaded to commit their crimes by a public servant, usually law enforcement officers
Statue Of Limitations
Class A Felonies: prosecutions for class “A” felonies (e.g., murder 1st degree) as well as certain specific class “B” felonies such as rape 1st degree may be commenced at any time after the offense, without limit.
Other Felonies: prosecutions for all felonies other than class “A” and certain specific class “B” felonies must be commenced within five (5) years after the commission of the crime.
Misdemeanors: prosecutions for misdemeanors must be commenced within two (2) years after the commission of the crime.
Petty Offenses: prosecutions for petty offenses (e.g., disorderly conduct) must be commenced within one (1) year after the commission of the petty offense.
Circumstances that stop the clock on the statute of limitations
if an offender conceals himself so that he cannot be prosecuted, the statute of limitations does not apply during the period of concealment. Another condition that may suspend the statute is the defendant’s absence, if for example, the defendant jumps bail and hides in another state or a foreign country
Elements of an Offense
- A written law - defining the offense
- An act - constituting the external physical part of a crime committed by the offender.
- A mental element - the offender’s state of mind toward the act.
- A result - is the injury or the potential for injury produced by an act.
- A causal relationship - between the unlawful act, the result of the act, and its underlying mental element. The conduct must be connected with the harm either wholly or in part.
Criminal Liability
Culpable mental states: intentionally, knowingly, recklessly, criminal negligence.
The Four Culpable Mental States
Intentional: A person acts intentionally when his conscious objective is to cause a result
Knowingly: is aware that circumstance exists (Robbery, Trespassing)
Reckless: is aware of and consciously disregards a substantial and unjustifiable risk
Criminal Negligence: Fails to perceive a substantial and unjustifiable risk
Motive
is the reason a person wishes to do an act
Intent
is the determination to do it.
Strict Liability
trict liability statutes exist in the regulatory area of public health, safety and welfare that forbid certain acts. (or exceeded the speed limit, or operated a dirty and unhealthy restaurant, etc.).
Age of a Child Victim
it is not a defense that the defendant did not know the child’s age
Intoxication
Intoxication is not a defense to a criminal charge
Criminal Liability for the Conduct of Another (Accessorial Conduct)
Accessorial Conduct occurs when a person, acting with the mental culpability required for commission of an offense, asks, directs, urges, or intentionally aids another person to engage in an offense (Working together)
Anticipatory Offenses
Criminal Solicitation, Conspiracy, Attempt, and Criminal Facilitation. are offenses committed in connection with the furtherance of another crime.
Attempt
- Drops one letter grade
- One cannot attempt to commit disorderly conduct
- a person must intend to commit the crime
- attempted, but failed to commit this crime
- classification for their offense is attempted
- These include menacing, bribery, and theft of services.
