NYPL

Question 1

NYPL 1.05

Answer 1

1) To Proscribe conduct which in-justifiably and inexcusably causes or threatens substantial harm to individual or public interests; (PROTECTING PUBLIC INTEREST and LIMITING HARM)
2) To give Fair Warning of the nature of the conduct proscribed and of the sentences authorized upon conviction (GIVING NOTICE)
3) To Define the act or omission and the accompanying mental state which constitute each offense (CULPABILTY)
4) To differentiate on reasonable grounds between serious and minor offenses and to prescribe proportionate penalties therefore; (PROSCRIBE PENALTIES for MINOR and Serious Offense)
5) To provide for an appropriate public response to particular offenses, including consideration of the consequences of the offense for the victim, including the victim’s family and the community; (RETRIBUTION)

6) to insure the public safety by preventing the commission of offenses through the deterrent influence of the sentences authorized, the rehabilitation of those convicted, the promotion of their successful and productive reentry and reintegration into society and their confinement when required in the interest of public protection
(DETERMINE CONFINEMENT)

Question 2

NYPL 5.00

Answer 2

The general rule that a penal statute is to be strictly construed does not apply to this chapter, but the provision herein must be construed according to the fair import of their terms to promote justice and effect the objects of the law

Question 3

NYPL 5.05

Answer 3

Application of Chapter to offenses committed before and after enactment
1) the Provisions of this chapter shall govern the construction of and punishment for any offenses defined in this chapter and commited after the effective date hereof, as well as the construction and application of any defense to prosecution for such an offense.

2) Unless otherwise expressly provided or unless the context otherwise requires, the provisions of this chapter shall govern the construction of and punishment for any offense defined outside of this chapter and committed after the effective date thereof, as well as the construction and application of any defense to a prosecution for such an offense.
3) The provisions of this chapter do not apply to or govern the construction of and punishment for any offense committed prior to the effective date of this chapter, or the construction and application of any defense to a prosecution for such an offense. Such an offense must be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if this chapter had not been enacted.

Question 4

NYPL 15.00

Answer 4

Culpability definitions of terms

Question 5

NYPL 15.00 Act

Answer 5

a Bodily movement

Question 6

NYPL 15.00 Voluntary Act

Answer 6

Means a bodily movement performed consciously as a result of effort or determination and includes the possession of property if the actor was aware of his physical possession or control thereof for a sufficient period to have been able to terminate it.

Question 7

NYPL 15.00

Omission + DUTY

Answer 7

Means a failure to perform an act as to which a duty of performance is imposed by law

Question 8

NYPL 15.00

Conduct

Answer 8

An Act or Omission and its accompanying mental state

Question 9

NYPL 15.00

To Act

Answer 9

means either to perform an act or to omit to perform an act.

Question 10

NYPL 15.00

Culpable mental State

Answer 10

Intentionally
Knowingly
Recklessly
Criminal Negligence, Further Defined

Question 11

NYPL 15.05

Answer 11

Culpability : Definitions of Culpable Mental States

Question 12

NYPL 15.05 Intentionally

Answer 12

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.

Question 13

NYPL 15.05 Knowingly

Answer 13

A person acts knowingly with respect to conduct or to cirmcstance described by a statute defining an offense when he is aware that his conduct is of such nature or that such circumstance exists

Question 14

NYPL 15.05

Recklessly

Answer 14

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 conscious 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.

Question 15

NYPL 15.05

Criminal Negligence

Answer 15

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.

Question 16

NYPL 15.15

Answer 16

Construction of Statutes with respect to Culpability requirements.

Question 17

NYPL 15.15 (1)

Answer 17

When the Commission of an offense defined in this chapter or some element of an offense requires a particular culpable mental state such mental state is ordinarily designated in the statue defining the offense by use of the culpable terms, or by terms such as “With intent to defraud, and “knowing it to be false,” describing a specific kind of intent or knowledge. When one and only one of such terms appears in a statute defining an offense, it is presumed to apply to every element of the offense unless an intent to limit its application clearly appears.

Question 18

NYPL 15.15 (2)

Answer 18

Although no culpable mental state is expressly designated in a statute defining an offense, a culpable mental state may nevertheless be required for the commission of such offense, or with respect to some or all of the material elements there of, if the proscribed conduct necessarily involves such culpable mental state. A statute defining a crime, unless clearly indicating a legislative intent to impose strict liability, should be construed as defining a crime of mental culpability. This subdivision applies to offenses defined both in and outside this chapter

Question 19

NYPL 15.20

Answer 19

Effect of Ignorance or Mistake upon Liability

Question 20

NYPL 15.20(1)
A person is not relieved of criminal liability for conduct because he engages in such conduct under a mistaken belief of fact UNLESS (1a)

Answer 20

Such factual mistake negatives the culpable mental state required for the commission of an offense

Question 21

NYPL 15.20 (1)
A person is not relieved of criminal liability for conduct because he engages in such conduct under a mistaken belief of fact UNLESS (1b)

Answer 21

The statute defining the offense or a statue related thereto expressly provides that such factual mistake constitutes a defense or exemption

Question 22

NYPL 15.20 (1)
A person is not relieved of criminal liability for conduct because he engages in such conduct under a mistaken belief of fact UNLESS (1c)

Answer 22

Such factual mistake is of a kind that supports a defense of justification as defined in article thirty-five of this chapter

Question 23

NYPL 15.20

2a

Answer 23

A person is not relieved of criminal liability for conduct because he engages in such conduct under a mistaken belief that it does not as a matter of law constitute an offense UNLESS such mistaken belief is founded upon an official statement of the law in A statute or other enactment

Question 24

NYPL 15.20

2b

Answer 24

A person is not relieved of criminal liability for conduct because he engages in such conduct under a mistaken belief that it does not as a matter of law constitute an offense UNLESS such mistaken belief is founded upon an official statement of the law in an administrative order or grant of permission

Question 25

NYPL 15.20

2c

Answer 25

A person is not relieved of criminal liability for conduct because he engages in such conduct under a mistaken belief that it does not as a matter of law constitute an offense UNLESS such mistaken belief is founded upon an official statement of the law in A judicial decision of a state or federal court

Question 26

NYPL 15.20

2d

Answer 26

A person is not relieved of criminal liability for conduct because he engages in such conduct under a mistaken belief that it does not as a matter of law constitute an offense UNLESS such mistaken belief is founded upon an official statement of the law in an interpretation of the statute or law relating to the offense, officially charged made or issued by a public servant, agency, or body legally charged or empowered with the responsibility or privilege of administering, enforcing or interpreting such statute or law.

Question 27

NYPL 15.20 (3) CULPABILITY OF AGE

Answer 27

Not withstanding the use of the term “knowingly” in any provision of this chapter defining an offense in which the age of a child is an element thereof, knowledge by the defendant of the age of such child is not an element of any such offense and it is not unless expressly so provided, a defense to a prosecution therefor, that the defendant did not know the age of the child or believed such age to be the same as greater than that specified in the statute

Question 28

NYPL 15.20 (4) CULPABILITY OF WEIGHT

Answer 28

Notwithstanding the use of term “knowingly” in any provision of this chapter defining an offense in which the aggregate weight of a controlled substance or marijuana is an element, knowledge by the defendant of the aggregate weight of such controlled substance or marijuana is not an element of any such offense and it is not, unless expressly so provided, a defense to a prosecution therefor that the defendant did not know the aggregate weight of the controlled substance or marijuana