Intro to Penal Law

Question 1

Four Parts of The Penal Law

Answer 1

 Part One General Provisions - Defined
 Part Two Sentences - Punishment
 Part Three Specific Offenses - Define offense
 Part Four Administrative Provisions - Permits/Lisence

Question 2

Offense

Answer 2

Any conduct punishable by imprisonment or fine in New York State.

Question 3

Traffic Infraction

Answer 3

Conduct defined in the New York State Vehicle and Traffic Law.

Question 4

Violation

Answer 4

an offense other than a traffic infraction punishable by no more than 15 days imprisonment in a city or county jail.

Question 5

Misdemeanor

Answer 5

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.

Question 6

Felony

Answer 6

an offense punishable by more than a year imprisonment (366 days) in a state prison.

Question 7

Crime

Answer 7

a misdemeanor or felony.

Question 8

Possess

Answer 8

To have physical possession or otherwise exercise dominion or control over tangible property.

Question 9

Physical Injury

Answer 9

impairment of physical condition or substantial pain. (Broken Nose)

Question 10

Serious Physical Injury

Answer 10

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.

Question 11

Deadly Physical Force

Answer 11

physical force which, under the circumstances in which it is used, is readily capable of causing death or other serious physical injury.

Question 12

Deadly Weapon

Answer 12

 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

Question 13

Dangerous Instrument

Answer 13

includes any instrument, under the circumstances in which it is used is capable of causing death, serious injury, or serious impairment.

Question 14

Defenses

Answer 14

justification

infancy

Question 15

affirmative defenses

Answer 15

mental disease/defect
entrapment
duress
renunciation

Question 16

Justification

Answer 16

The defense of justification excuses the use of force in some limited situations

Question 17

Infancy

Answer 17

The defense of infancy generally means that children under 16 cannot be convicted of crimes.

Question 18

Mental Disease/Defect

Answer 18

Lacks the capacity to know or appreciate the nature and consequence of his or her conduct

Question 19

Entrapment

Answer 19

wrongly persuaded to commit their crimes by a public servant, usually law enforcement officers

Question 20

Statue Of Limitations

Answer 20

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.

Question 21

Circumstances that stop the clock on the statute of limitations

Answer 21

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

Question 22

Elements of an Offense

Answer 22

1. A written law - defining the offense
2. An act - constituting the external physical part of a crime committed by the offender.
3. A mental element - the offender’s state of mind toward the act.
4. A result - is the injury or the potential for injury produced by an act.
5. 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.

Question 23

Criminal Liability

Answer 23

Culpable mental states: 
intentionally,
knowingly,
recklessly,
criminal negligence.

Question 24

The Four Culpable Mental States

Answer 24

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

Question 25

Motive

Answer 25

is the reason a person wishes to do an act

Question 26

Intent

Answer 26

is the determination to do it.

Question 27

Strict Liability

Answer 27

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.).

Question 28

Age of a Child Victim

Answer 28

it is not a defense that the defendant did not know the child’s age

Question 29

Intoxication

Answer 29

Intoxication is not a defense to a criminal charge

Question 30

Criminal Liability for the Conduct of Another (Accessorial Conduct)

Answer 30

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)

Question 31

Anticipatory Offenses

Answer 31

Criminal Solicitation, Conspiracy, Attempt, and Criminal Facilitation. are offenses committed in connection with the furtherance of another crime.

Question 32

Attempt

Answer 32

- 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.