NYS Penal (Criminal Code)

Mr. Como

College Business Law

Unit 1: Introduction to Law / Chapter 2: Criminal Law

Understanding Criminal Offenses

NYS PENAL (CRIMINAL CODE)  (click to open)

  1. NYS Felonies: Using the NYS web link for criminal classifications research the class of each offense and the stated sentencing for each.

CLASSIFICATION OF FELONIES/MISDEMEANORS

SENTENCING STRUCTURE

FELONY STATED SENTENCING STRUCTURE
 Class A  25 years to Life imprisonment
 Class B  shall not exceed twenty-five years
 Class C  shall not exceed fifteen years
 Class D  shall not exceed seven years
 Class E  shall not exceed four years
MISDEMEANORS
 Class A  shall not exceed one year
 Class B  shall not exceed three months
  1.  CRIMES AGAINST PEOPLE

HOMICIDE

MURDER 1  With intent to cause the death of another person, he causes the death of such person or of a third person the intended victim was a police officer
CLASS FELONY/SENTENCING  class A-I felony- 25 years to Life imprisonment
MURDER 2  With intent to cause the death of another person, he causes the death of  such person or of a third  person with intent to kill, or Under circumstances evincing a depraved indifference to human life, he  recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes the death of another person, or Acting either alone or with one or more other persons, or Under circumstances evincing a depraved indifference to human life
CLASS FELONY/SENTENCING  class B- 15-25 years
MANSLAUGHTER 1  With intent to cause serious physical injury to another person, he causes the death of such person or of a third person
CLASS FELONY/SENTENCING  class B felony- 15-25 years
MANSLAUGHTER 2  He recklessly causes the death of another person
CLASS FELONY/SENTENCING  class C felony- 7-15 years
VEHICULAR MANSLAUGHTER  commits such crime while operating a motor vehicle while such person has .18 of one per centum or more by weight of  alcohol in such person’s  blood, or causes the death of more than one other person
CLASS FELONY/SENTENCING  class C felony- 7-15 years
CRIMINALLY NEGLIGENT HOMICIDE  causes the death of another person with no regards of the other person’s life
CLASS FELONY/SENTENCING  class E felony- 1-4 years
 

KIDNAPPING

KIDNAPPING 1  His intent is to compel a third person to pay or deliver  money  or
property  as  ransom,  or  to  engage in other particular conduct, or to
refrain from engaging in particular conduct, or He restrains the person abducted for a period of more  than  twelve hours, or The person abducted dies during the abduction or before he is  able to  return or to be returned to safety
CLASS FELONY/SENTENCING  class A-I felony-  25 years to life Life imprisonment
KIDNAPPING 2   A  person is guilty of kidnapping in the second degree when he abducts
another person
CLASS FELONY/SENTENCING  class B felony- 15-25 years

SEX OFFENSES

RAPE 1  engages in sexual intercourse with another person By forcible compulsion, or Who is incapable of consent by reason of being physically helpless, or Who is less than eleven years old, or Who is less than thirteen years old and the actor is eighteen years old or more
CLASS FELONY/SENTENCING  class B felony- 15-25 years
RAPE 2  being eighteen years old or more, he or she engages in sexual intercourse with another person less than fifteen years old, or  he or she engages in sexual intercourse with another person who  is incapable  of  consent  by reason of being mentally disabled or mentally incapacitated, and less than four years older than the victim at the time of the act
CLASS FELONY/SENTENCING  class D felony- 4-7 years
RAPE 3  He or she engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than seventeen years old,  Being twenty-one years old or more, he or  she  engages  in  sexual intercourse with another person less than seventeen years old, or He or she engages in sexual intercourse with another person without such  person’s  consent  where such lack of consent is by reason of some factor other than incapacity to consent
CLASS FELONY/SENTENCING  class E felony- shall not exceed four years

 

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