Elements of the New York State homicide legislation:
a Law & Order Fan's View

Last modified: $Date: 2003/07/09 07:11:09 $

This is a listing of the Chapter 40 Offences, going into more detail for sections more likely to be of interest to L&O fans.

TITLE G: ANTICIPATORY OFFENSES
100. Criminal solicitation (Secs. 100.00-100.20).
105. Conspiracy (Secs. 105.00-105.35).
110. Attempt (Secs. 110.00-110.10).
115. Criminal facilitation (Secs. 115.00-115.15).

TITLE H: OFFENSES AGAINST THE PERSON INVOLVING PHYSICAL INJURY, SEXUAL CONDUCT, RESTRAINT AND INTIMIDATION
120. Assault and related offenses (Secs. 120.00-120.60).
	120.00 Assault in the third degree (Am)
	120.01 Reckless assault of a child by a child day care provider (Ef)
	120.03 Vehicular assault in the second degree (Ef)
	120.04 Vehicular assault in the first degree (Df)
	120.05 Assault in the second degree (Df)
	120.06 Gang assault in the second degree (Cf)
	120.07 Gang assault in the first degree (Bf)
	120.08 Assault on a peace officer, police officer, fireman or emergency medical services professional (Cf)
	120.10 Assault in the first degree (Bf)
	120.11 Aggravated assault upon a police officer or a peace officer (Bf)
	120.12 Aggravated assault upon a person less than eleven years old (Ef)
	120.13 Menacing in the first degree (Ef)
	120.14 Menacing in the second degree (Am)
	120.15 Menacing in the third degree (Bm)
	120.16 Hazing in the first degree (Bm)
	120.17 Hazing in the second degree (v)
	120.20 Reckless endangerment in the second degree (Am)
	120.25 Reckless endangerment in the first degree (Df)
	120.30 Promoting a suicide attempt (Ef)
	120.45 Stalking in the fourth degree (Bm)
	120.50 Stalking in the third degree (Am)
	120.55 Stalking in the second degree (Ef)
	120.60 Stalking in the first degree (Df)

125. Homicide, abortion and related offenses (Secs. 125.00-125.60).

	125.05 Definitions
  1. Person: a human being who has been born and is alive
  2. Abortional act: act committed upon or with respect to a female, whether by another person or by the female herself, whether she is pregnant or not, whether directly upon her body or by the administering, taking or prescription of drugs or in any other manner, with intent to cause a miscarriage of such female.
  3. Justifiable abortional: when committed upon a female with her consent by a duly licensed physician acting (a) under a reasonable belief that such is necessary to preserve her life, or, (b) within twenty-four weeks from the commencement of her pregnancy. A pregnant female`s commission of an abortional act upon herself is justifiable when she acts upon the advice of a duly licensed physician (1) that such act is necessary to preserve her life, or, (2) within twenty-four weeks from the commencement of her pregnancy. The submission by a female to an abortional act is justifiable when she believes that it is being committed by a duly licensed physician, acting under a reasonable belief that such act is necessary to preserve her life, or, within twenty-four weeks from the commencement of her pregnancy.
125.10 Criminally negligent homicide (Ef)

Causes the death of another person [with criminal neglicence]

125.12 Vehicular manslaughter in the second degree (Df)

Commits the crime of criminally negligent homicide [causing death]
by operation of a vehicle in violation of [traffic law 1192 2,3,4 or navigation law 49(a) b,c,d,e]
OR by operation of a motor vehicle with a gross vehicle weight rating of more than [8.16480 tons] which contains [dangerous materials] [which are the cause of death]
OR by operation of a snowmobile in violation of [parks, recreation and historic preservation law 25.24 b,c,d]
OR by operation of an all terrain vehicle in violation of [Traffic Law 1192 2,3,4]

125.13 Vehicular manslaughter in the first degree (Cf)

Commits the crime of criminally negligent homicide [while]
his license [in another state] is suspended or revoked AND such suspension is based on [what would be equivalent to a Traffic Law 1192]
OR his licence [in NY State] is suspended or revoked [due to] EITHER a refusal to submit to a chemical test [for an 1192] OR following a conviction for a violation of [Traffic Law 1192]

125.15 Manslaughter in the second degree (Cf)

Recklessly causes the death of another person
OR commits [an abortion] which causes [the mother's death] unless such abortional act is ["Justifiable abortional act" as per 125.05 2]
OR intentionally causes or aids another person to commit suicide

125.20 Manslaughter in the first degree (Bf)

With intent to cause serious physical injury to another person, causes the death of [someone]
With intent to cause the death of another person, causes the death of [someone] [but not a murder because of] influence of extreme emotional disturbance
OR commits upon a female pregnant for more than 24 weeks an abortional act which causes her death, unless such abortional act is ["justifiable"]
OR Being [18] and with intent to cause physical injury to a person less than [11], recklessly engages in conduct which creates a grave risk of serious physical injury to such person and thereby causes [their death]

125.25 Murder in the second degree (A1f) 125.27 Murder in the first degree (A1f) 125.40 Abortion in the second degree (Ef) 125.45 Abortion in the first degree (Df) 125.50 Self-abortion in the second degree (Bm) 125.55 Self-abortion in the first degree (Am) 125.60 Issuing abortional articles (Bm)

More on State Abortion Laws

130. Sex offenses (Secs. 130.00-130.90). 130.20 Sexual misconduct (Am) 130.25 Rape in the third degree (Ef) 130.30 Rape in the second degree (Df) 130.35 Rape in the first degree (Bf) 130.40 Sodomy in the third degree (Ef) 130.45 Sodomy in the second degree (Df) 130.50 Sodomy in the first degree (Bf) 130.52 Forcible touching (Am) 130.53 Persistent sexual abuse (Ef) 130.55 Sexual abuse in the third degree (Bm) 130.60 Sexual abuse in the second degree (Am) 130.65 Sexual abuse in the first degree (Df) 130.65-a Aggravated sexual abuse in the fourth degree (Ef) 130.66 Aggravated sexual abuse in the third degree (Df) 130.67 Aggravated sexual abuse in the second degree (Cf) 130.70 Aggravated sexual abuse in the first degree (Bf) 130.75 Course of sexual conduct against a child in the first degree (Bf) 130.80 Course of sexual conduct against a child in the second degree (Df) 130.85 Female genital mutilation (Ef) 130.90 Facilitating a sex offense with a controlled substance (Df) 135. Kidnapping, coercion and related offenses (Secs. 135.00-135.75). 140.00 Criminal trespass and burglary; definitions of terms. 140.05 Trespass. 140.10 Criminal trespass in the third degree. 140.15 Criminal trespass in the second degree. 140.17 Criminal trespass in the first degree. 140.20 Burglary in the third degree. 140.25 Burglary in the second degree. 140.30 Burglary in the first degree. 140.35 Possession of burglar`s tools. 140.40 Unlawful possession of radio devices. TITLE I: OFFENSES INVOLVING DAMAGE TO AND INTRUSION UPON PROPERTY 140. Burglary and related offenses (Secs. 140.00-140.40). 145. Criminal mischief and related offenses. (Secs. 145.00-145.70). 150. Arson (Secs. 150.00-150.20). TITLE J: OFFENSES INVOLVING THEFT 155. Larceny (Secs. 155.00-155.45). 156. Offenses involving computers; definition of terms (Secs. 156.00-156.50). 158. Welfare fraud (Secs. 158.00-158.50). 160. Robbery (Secs. 160.00-160.15). 165. Other offenses relating to theft (Secs. 165.00-165.74). TITLE K: OFFENSES INVOLVING FRAUD 170. Forgery and related offenses (Secs. 170.00-170.75). 175. Offenses involving false written statements (Secs. 175.00-175.45). 176. Insurance fraud (Secs. 176.00-176.35). 178. Criminal diversion of prescription medications and prescriptions (Secs. 178.00-178.25). 180. Bribery not involving public servants, and related offenses (Secs. 180.00-180.57). 185. Frauds on creditors (Secs. 185.00-185.15). 190. Other frauds (Secs. 190.00-190.76). TITLE L: OFFENSES AGAINST PUBLIC ADMINISTRATION 195. Official misconduct and obstruction of public servants generally (Secs. 195.00-195.20). 200. Bribery involving public servants and related offenses (Secs. 200.00-200.50). 205. Escape and other offenses relating to custody (Secs. 205.00-205.65). 210. Perjury and related offenses (Secs. 210.00-210.50). 215. Other offenses relating to judicial and other proceedings (Secs. 215.00-215.80). TITLE M: OFFENSES AGAINST PUBLIC HEALTH AND MORALS 220. Controlled substances offenses (Secs. 220.00-220.65). 220.00 Controlled substances; definitions. 220.03 Criminal possession of a controlled substance in the seventh degree (Am) 220.06 Criminal possession of a controlled substance in the fifth degree (Df) 220.09 Criminal possession of a controlled substance in the fourth degree (Cf) 220.16 Criminal possession of a controlled substance in the third degree (Bf) 220.18 Criminal possession of a controlled substance in the second degree (A2f) 220.21 Criminal possession of a controlled substance in the first degree (A1f) 220.31 Criminal sale of a controlled substance in the fifth degree (Df) 220.34 Criminal sale of a controlled substance in the fourth degree (Cf) 220.39 Criminal sale of a controlled substance in the third degree (Bf) 220.41 Criminal sale of a controlled substance in the second degree (A2f) 220.43 Criminal sale of a controlled substance in the first degree (A1f) 220.44 Criminal sale of a controlled substance in or near school grounds (Bf) 220.45 Criminally possessing a hypodermic instrument (Am) 220.46 Criminal injection of a narcotic drug (Ef) 220.50 Criminally using drug paraphernalia in the second degree (Am) 220.55 Criminally using drug paraphernalia in the first degree (Df) 220.60 Criminal possession of precursors of controlled substances (Ef) 220.65 Criminal sale of a prescription for a controlled substance (Cf) 221. Offenses involving marihuana (Secs. 221.00-221.55). 225. Gambling offenses (Secs. 225.00-225.40). 230. Prostitution offenses (Secs. 230.00-230.40). 235. Obscenity and related offenses (Secs. 235.00-235.24). TITLE N: OFFENSES AGAINST PUBLIC ORDER, PUBLIC SENSIBILITIES AND THE RIGHT TO PRIVACY 240. Offenses against public order (Secs. 240.00-240.71). 241. Harassment of rent regulated tenants (Secs. 241.00-241.05). 245. Offenses against public sensibilities (Secs. 245.00-245.11). 250. Offenses against the right to privacy (Secs. 250.00-250.35). TITLE O: OFFENSES AGAINST MARRIAGE, THE FAMILY, AND THE WELFARE OF CHILDREN AND INCOMPETENTS 255. Offenses affecting the marital relationship (Secs. 255.00-255.30). 260. Offenses relating to children and incompetents (Secs. 260.00-260.34). 263. Sexual performance by a child (Secs. 263.00-263.25). TITLE P: OFFENSES AGAINST PUBLIC SAFETY 265. Firearms and other dangerous weapons (Secs. 265.00-265.40). 265.00 Definitions. 265.01 Criminal possession of a weapon in the fourth degree. 265.02 Criminal possession of a weapon in the third degree. 265.03 Criminal possession of a weapon in the second degree. 265.04 Criminal possession of a dangerous weapon in the first degree. 265.05 Unlawful possession of weapons by persons under sixteen. 265.06 Unlawful possession of a weapon upon school grounds. 265.08 Criminal use of a firearm in the second degree. 265.09 Criminal use of a firearm in the first degree. 265.10 Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances. 265.11 Criminal sale of a firearm in the third degree. 265.12 Criminal sale of a firearm in the second degree. 265.13 Criminal sale of a firearm in the first degree. 265.14 Criminal sale of a firearm with the aid of a minor. 265.15 Presumptions of possession, unlawful intent and defacement. 265.16 Criminal sale of a firearm to a minor. 265.17 Criminal purchase of a weapon. 265.20 Exemptions. 265.25 Certain wounds to be reported. 265.26 Burn injury and wounds to be reported. 265.30 Certain convictions to be reported. 265.35 Prohibited use of weapons. 265.40 Purchase of rifles and/or shotguns in contiguous states. 270. Other offenses relating to public safety (Secs. 270.00-270.20). 275. Offenses relating to unauthorized recording of sound (Secs. 275.00-275.45). TITLE X: ORGANIZED CRIME CONTROL ACT 460. Enterprise corruption (Secs. 460.00-460.80). 470. Money laundering (Secs. 470.00-470.25). 480. Criminal forfeiture - felony controlled substance offenses (Secs. 480.00-480.35). TITLE Y: HATE CRIMES ACT OF 2000 485. Hate crimes (Secs. 485.00-485.10). TITLE Y-1 490. Terrorism (Secs. 490.00-490.35).