Penal Law Definitions

Question 1

Offense

Answer 1

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 or otherwise.

Question 2

Traffic infraction

Answer 2

Offenses defined in the Vehicle and Traffic law

Question 3

Violation

Answer 3

An offense other than a traffic infraction for which a sentence to a term of imprisonment in excess of fifteen days cannot be imposed. A VIOLATION IS NOT A CRIME.

Question 4

Misdemeanor

Answer 4

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.

Question 5

Felony

Answer 5

Any offense for which a sentence to a term of imprisonment in excess of one year may be imposed.

Question 6

Crime

Answer 6

A misdemeanor or felony

Question 7

Physical Injury

Answer 7

Impairment of physical condition or substantial pain

Question 8

Serious Physical Injury

Answer 8

Physical injury which can lead to death, impairment, or disfigurement.

Question 9

Deadly Physical Force

Answer 9

Force readily capable of causing death or other physical injury

Question 10

Deadly Weapon

Answer 10

Any loaded weapon from which a shot readily capable of producing death or other physical injury may be discharged, or a switchblade knife, pilum ballistic knife, metal knuckle knife, dagger, billy, blackjack, plastic knuckles or metal knuckles

Question 11

Dangerous instrument

Answer 11

Any instrument, article or substance, including a “vehicle” under the circumstances under which it is used, is readily capable of causing death or serious physical injury

Question 12

+Vehicle

Answer 12

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.

Question 13

+Public servant

Answer 13

(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.

Question 14

+Possess

Answer 14

means to have physical possession or otherwise to

exercise dominion or control over tangible property.

Question 15

Juvenile offender

Answer 15

A person 13 YEARS OLD who is criminally responsible for the acts of Murder 2nd degree on its own or as part of a sexually motivated felony

                         or

A person 14 or 15 YEARS OLD who is criminally responsible for the acts of:

• Murder 2nd degree or attempt to commit, on its own or as part of a sexually motivated felony
• Kidnapping 1st degree or an attempt to commit, on its own or as part of a sexually motivated felony
• Arson 1st or 2nd degree
• Assault 1st degree
• Manslaughter 1st degree
• Rape 1st degree
• Criminal Sexual Act 1st degree
• Aggravated Sex Abuse 1st degree
• Burglary 1st or 2nd degree
• Robbery 1st or 2nd degree
• Possession of machine gun or firearm on school grounds

Question 16

A person 13 YEARS OLD who is criminally responsible for the acts of Murder 2nd degree on its own or as part of a sexually motivated felony

Answer 16

Juvenile Offender

Question 17

A person 14 or 15 YEARS OLD who is criminally responsible for the acts listed in Article 10 of the Penal Law

Answer 17

Juvenile Offender

Question 18

Article 55 governs the classification and designation of what?

Answer 18

EVERY OFFENSE whether it is defined within or outside the chapter (i.e. the CPL too)

Question 19

Felonies are classified into how many categories?

Answer 19

FIVE (5) CATEGORIES for the purpose of sentence

• Class A
  - Subclass A-I
  - Subclass A-II
• Class B
• Class C
• Class D
• Class E

NOTE: The subclasses are NOT counted as categories. They are merely subclasses of Class A felonies

Question 20

How many subclasses of Class A felonies are there?

Answer 20

TWO (2) SUBCLASSES

• Class A-I
• Class A-II

Question 21

How many categories of Misdemeanors are there?

Answer 21

THREE (3) CATEGORIES

-Class A
-Class B
Unclassified

Question 22

Any offense NOT classified by this chapter (an offense NOT in the Penal Law), which can result in a term of imprisonment of MORE than one year shall be deemed what?

Answer 22

A Class E felony

Question 23

Misdemeanors in the Penal law are classified as what?

Answer 23

Either Class A or Class B

Question 24

Any offense defined outside the Penal Law but DECLARED TO BE A MISDEMEANOR and they have no classification or the sentence to be imposed is deemed what?

Answer 24

A class A misdemeanor

Question 25

If an offense is defined outside this chapter, and they specify a sentence in excess of fifteen days but NOT more than a year, then it is considered what?

Answer 25

An unclassified misdemeanor

Question 26

Any offense outside this chapter shall be deemed a violation if:

Answer 26

The term of imprisonment cannot be more than 15 days OR the only sentence can be a fine.

SPECIAL RULE: An offense will still be considered a violation, even though the sentence is over 15 days, as long as the offense was not considered a crime prior to the date of this chapter

TRAFFIC OFFENSES are not deemed violations or misdemeanors solely based upon the sentence.

Question 27

+ “Juror”

Answer 27

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.