NY Penal Law

ARTICLE 5
GENERAL RULES OF CONSTRUCTION 
AND APPLICATION
     Section 
        5.00 Penal law not strictly construed.
        5.05 Application of chapter to offenses committed before and
               after enactment.
        5.10 Other limitations on applicability of this chapter.

S 5.00 Penal law not strictly construed.
  The general rule that a penal statute is to be strictly construed does
not apply to this chapter, but the provisions herein must be construed
according to the fair import of their terms to promote justice and
effect the objects of the law.

S 5.05 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 offense defined in this chapter and committed after
the effective date hereof, as well as the construction and application
of any defense to a 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.

S 5.10 Other limitations on applicability of this chapter.
  1. Except as otherwise provided, the procedure governing the
accusation, prosecution, conviction and punishment of offenders and
offenses is not regulated by this chapter but by the criminal procedure
law.
  2. This chapter does not affect any power conferred by law upon any
court-martial or other military authority or officer to prosecute and
punish conduct and offenders violating military codes or laws.
  3. This chapter does not bar, suspend, or otherwise affect any right
or liability to damages, penalty, forfeiture or other remedy authorized
by law to be recovered or enforced in a civil action, regardless of
whether the conduct involved in such civil action constitutes an offense
defined in this chapter.
  4. Sections 120.45, 120.50, 120.55, 120.60 and 240.25, subdivisions
two and three of section 240.26, and sections 240.70 and 240.71 of this
chapter (a) do not apply to conduct which is otherwise lawful under the
provisions of the National Labor Relations Act as amended, the National
Railway Labor Act as amended, or the Federal Employment Labor Management
Act as amended, and (b) do not bar any conduct, including, but not
limited to, peaceful picketing or other peaceful demonstration,
protected from legal prohibition by the federal and state constitutions.



ARTICLE 10 
DEFINITIONS
Section 10.00 Definitions of terms of general use in this chapter.

S 10.00 Definitions of terms of general use in this chapter.
  Except where different meanings are expressly specified in subsequent
provisions of this chapter, the following terms have the following
meanings:
  1. "Offense" means conduct for which a sentence to a term of
imprisonment or to a fine is provided by any law of this state or by any
law, local law or ordinance of a political subdivision of this state, or
by any order, rule or regulation of any governmental instrumentality
authorized by law to adopt the same.
  2. "Traffic infraction" means any offense defined as "traffic
infraction" by section one hundred fifty-five of the vehicle and traffic
law.
  3. "Violation" means an offense, other than a "traffic infraction, "
for which a sentence to a term of imprisonment in excess of fifteen days
cannot be imposed.
  4. "Misdemeanor" means an offense, other than a "traffic infraction, "
for which a sentence to a term of imprisonment in excess of fifteen days
may be imposed, but for which a sentence to a term of imprisonment in
excess of one year cannot be imposed.
  5. "Felony" means an offense for which a sentence to a term of
imprisonment in excess of one year may be imposed.
  6. "Crime" means a misdemeanor or a felony.
  7. "Person" means a human being, and where appropriate, a public or
private corporation, an unincorporated association, a partnership, a
government or a governmental instrumentality.
  8. "Possess" means to have physical possession or otherwise to
exercise dominion or control over tangible property.
  9. "Physical injury" means impairment of physical condition or
substantial pain.

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Article 10, Continued
	
   10. "Serious physical injury" means physical injury which creates a
substantial risk of death, or which causes death or serious and
protracted disfigurement, protracted impairment of health or protracted
loss or impairment of the function of any bodily organ.
  11. "Deadly physical force" means physical force which, under the
circumstances in which it is used, is readily capable of causing death
or other serious physical injury.
  12. "Deadly weapon" means any loaded weapon from which a shot, readily
capable of producing death or other serious physical injury, may be
discharged, or a switchblade knife, gravity knife, pilum ballistic
knife, metal knuckle knife, dagger, billy, blackjack, or metal knuckles.
  13. "Dangerous instrument" means any instrument, article or substance,
including a "vehicle" as that term is defined in this section, which,
under the circumstances in which it is used, attempted to be used or
threatened to be used, is readily capable of causing death or other
serious physical injury.
  14. "Vehicle" means a "motor vehicle", "trailer" or "semi-trailer," as
defined in the vehicle and traffic law, any snowmobile as defined in the
parks and recreation law, any aircraft, or any vessel equipped for
propulsion by mechanical means or by sail.
  15. "Public servant" means (a) any public officer or employee of the
state or of any political subdivision thereof or of any governmental
instrumentality within the state, or (b) any person exercising the
functions of any such public officer or employee. The term public
servant includes a person who has been elected or designated to become a
public servant.
  16. "Juror" means any person who is a member of any jury, including a
grand jury, impaneled by any court in this state or by any public
servant authorized by law to impanel a jury. The term juror also
includes a person who has been drawn or summoned to attend as a
prospective juror.
  17. "Benefit" means any gain or advantage to the beneficiary and
includes any gain or advantage to a third person pursuant to the desire
or consent of the beneficiary.
  18. "Juvenile offender" means (1) a person thirteen years old who is
criminally responsible for acts constituting murder in the second degree
as defined in subdivisions one and two of section 125.25 of this
chapter; and
  (2) a person fourteen or fifteen years old who is criminally
responsible for acts constituting the crimes defined in subdivisions one
and two of section 125.25 (murder in the second degree) and in
subdivision three of such section provided that the underlying crime for
the murder charge is one for which such person is criminally
responsible; section 135.25 (kidnapping in the first degree); 150.20
(arson in the first degree); subdivisions one and two of section 120.10
(assault in the first degree); 125.20 (manslaughter in the first
degree); subdivisions one and two of section 130.35 (rape in the first
degree); subdivisions one and two of section 130.50 (criminal sexual act
in the first degree); 130.70 (aggravated sexual abuse in the first
degree); 140.30 (burglary in the first degree); subdivision one of
section 140.25 (burglary in the second degree); 150.15 (arson in the
second degree); 160.15 (robbery in the first degree); subdivision two of
section 160.10 (robbery in the second degree) of this chapter;
subdivision four of section 265.02 of this chapter, where such firearm
is possessed on school grounds, as that phrase is defined in subdivision
fourteen of section 220.00 of this chapter; or section 265.03 of this
chapter, where such machine gun or such firearm is possessed on school
grounds, as that phrase is defined in subdivision fourteen of section
220.00 of this chapter; or defined in this chapter as an attempt to
commit murder in the second degree or kidnapping in the first degree.
  19. For the purposes of section 260.30 and 120.01 of this chapter the
term "child day care provider" shall be defined as provided for in
section three hundred ninety of the social services law.