PL- Session 13- Riot, Public Order, Weapons

Question 1

Frequent Question

What constitutes Riot 2nd?

Answer 1

• Engaging in tumultuous and violent conduct
• Simultaneously with four or more persons (Minimum 5 people total)
• Intentionally or recklessly causing a grave risk of public alarm.

A Misdemeanor

Question 2

Frequent Question

What constitutes Riot 1st?

Answer 2

• Engaging in Riot 2nd (violent or tumultous conduct)
• With ten or more persons (Minimum 11 total)
• Resulting in physical injury or substantial property damage.

E Felony

Question 3

Frequent Question

What is Inciting a Riot?

Answer 3

Urging ten or more persons to engage in tumultuous and violent conduct likely to create public alarm.

A Misdemeanor

Question 4

Frequent Question

What constitutes Unlawful Assembly?

Answer 4

• Assembles with 4 or more persons (Minimum 5 people total)
• For the purpose of engaging or preparing to engage with them in tumultuous and violent conduct likely to cause public alarm

B Misdemeanor

Question 5

Frequent Question

What is Criminal Anarchy?

Has not been the answer to a question but has appeared as an incorrect choice in questions regarding this section

Answer 5

Advocating the overthrow of the existing government of this state by violence or advocacy / accociation for violent overthrow

E felony

Violent part is key otherwise its just a political view

Question 6

Frequent Question

What constitutes Disorderly Conduct?

Answer 6

With intent to cause public inconvenience, annoyance and alarm, or recklessly creating a risk thereof a person:
1. Engages in fighting or in violent tumultous or threatening behavior
2. Makes unreasonable noise
3. In a public place uses abusive or obscene language or makes an obscene gesture
4. Without lawful authority disturbs any lawful assembly or meeting of persons
5. Obstructs vehicular or pedestrian traffic
6. Congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse
7. Creates a hazardous or physically offensive condition by any act which serves no legitimate purpose

Violation

Unreasonable noise has been an examiner favorite

Question 7

What iconstitutes Disruption or Disturbance of a Religious Service?

Answer 7

With intent to cause annoyance and alarm a person:
* Make unreasonable noise or disturbance during a lawful religious service, funeral, burial, memorial or within 300 feet thereof

A Misdemeanor

Question 8

What constitutes Harassment 1st?

Answer 8

Intentionally and repeatedly harassing another person by:
1. Following them in or about a public place
2. Engaging in a course of conduct that places them in reasonable fear of physical injury.

B Misdemeanor

Question 9

Frequent Question

What constitutes Harassment 2nd?

Answer 9

With intent to harass, annoy or alarm another a person:
1. Strikes, shoves, kicks or otherwise subjects such other person to physical contact or attempts or threatens to do the same
2. Follows a person in or about a public place or places
3. Engages in a course of conduct or acts which alarm or seriously annoy such person and which serve no legitimate purpose

Violation

Question 10

Frequent Question

What constitutes Aggravated Harassment 2nd?

Answer 10

With intent to harass, annoy or alarm another a person:
1. With intent to harass another communicates or causes a communication that is a threat to cause physical harm or unlawful harm to property.
2. With intent to harass or threaten another person, he or she makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication
3. Commits Harassment 2nd Subd. 1 (strikes, shoves, kicks) another based on race, color, origin ancestry, gender expression, religion, age, disability, sexual orientation regardless of wether perception is correct
4. With intent to harass, annoy, threaten, or alarm another said person strikes, shoves, kicks, or otherwise physically contacts another causing physical injury
5. Commits Harassment 1st and has a prior conviction of Harassment 1st in the proceeding 10 years

A Misdemeanor

Examiner Favorite:
Commits Harassment 2nd Subd. 1 (strikes, shoves, kicks) another based on race, color, origin ancestry, gender expression, religion, age, disability, sexual orientation regardless of wether perception is correct

Question 11

Frequent Question

What constitutes Aggravated Harassment 1st?

Answer 11

With intent to harass, annoy or alarm another a person based on race, color, origin ancestry, gender expression, religion, age, disability, sexual orientation etc. :
1. Damages religious premises and the damage exceeds $50.00
2. Commits the crime of Aggravated Harassment 2nd Subd. 3 (shoves kicks, etc) and has a prior conviction of Aggravated Harassment 2nd Subd. 3 or Aggravated Harassment 1st in the preceding 10 years
3. Places a swastika on any building or other real property, public or private, without the expressed permission of the owner
4. Sets on fire a cross in public view
5. Displays a noose on any building or real property, public or private without express permission from the owner

E Felony

Examiner Favorite:
Damages religious premises and the damage exceeds $50.00

Question 12

What constitutes Aggravated Harassment of a Judge?

Answer 12

1. Communicate a threat of harm (to person or property) to a judge or a judge’s immediate family with knowledge (or should have knowledge) of the same
2. Telephone call with no purpose to a judge or a judge’s immediate famiy with knowledge (or should have knowledge) of the same.
3. Strike, punch, kick etc judge or a judge’s immediate famiy with knowledge (or should have knowledge) of the same because of a protected characteristic (race, religion etc.)
4. Strike, punch, kick etc judge or a judge’s immediate famiy with knowledge (or should have knowledge) of the same and cause physical injury
5. Commits Harassment 1st upon a judge or judges, immediate family with knowledge of (or should have knowledge) of the same and has a prior conviction in the preceeding 10 years

E Felony

Question 13

Frequent Question

What constitutes Loitering?

Answer 13

1. Loiters or remains in a public place for the purpose of gambling
2. Loiters on school grounds not having any legitimate reason
3. Loiters in any transportation facility for commercial purpose (taxis)

Violation

Question 14

What constitutes Loitering 1st?

Answer 14

Loiters in any place with one or more persons (Minimum 2 people) for the purpose of unlawfully using or possessing a controlled substance

B Misdemeanor

Question 15

Frequent Question

What constitutes Appearance in Public Under The Infulence of Narcotics or a Drug Other Than Alcohol?

Answer 15

Appearing in a public place under the infulence of narcotics or a drug other than alcohol to the degree that he may endanger himself or other persons or property or annoy persons in his vicinity

Violation

Question 16

What constitutes Criminal Nuisance 2nd?

Answer 16

1. By conduct either unlawful In itself or unreasonable, under all the circumstances, a person, knowingly or recklessly creates or maintains a condition which endangers the safety or health of a considerable number of persons
2. A person knowingly, conducts, or maintains any premises, place or resort where persons gather for the purposes of engaging in unlawful conduct

B Misdemeanor

Question 17

Frequent Question

What constitutes Criminal Nuisance 1st?

Answer 17

A person knowingly, conducts, or maintains any premises, place or resort where persons gather for the purposes of engaging in the unlawful sale of controlled substances

E Felony

Question 18

What is Falsely Reporting an Incident 3rd?

Answer 18

Knowing the information conveyed to be false or baseless:
* Reports a crime, catastrophe or emergency

A Misdemeanor

Question 19

What is Falsely Reporting an Incident 2nd?

Answer 19

Knowing the information conveyed to be false or baseless:
* Reports a fire, explosion or hazmat release

E Felony

Question 20

What is Falsely Reporting an Incident 1st?

Answer 20

Knowing the information conveyed to be false or baseless:
1. Commits the crime of Falsely Reporting an Incident 2nd (fire, hazmat, explosion) and previously convicted of the same
2. Commits the crime of Falsely Reporting an Incident 3rd and a first responder suffers, serious physical injury, or is killed during or traveling to or from
3. Commit the crime of Falsely Reporting an Incident 3rd and another person suffers serious physical injury, or is killed as a result of any vehicular or other accident involving any emergency vehicle operating at or traveling to the location
4. Falsely reports an impending occurrence of a fire and explosion or release of hazmat materials on school grounds
5. Falsely reports an impending occurrence of a fire explosion or a release of hazmat materials at a sports stadium arena or mass transportation facility or mall

DFelony

Question 21

What constitutes Making a Threat of Mass Harm?

Answer 21

Threatening to inflict serious physical injury or death at:
1. School
2. Place of worship
3. Business
4. Government building
5. Other place of assembly
Causes fear of serious physical injury or death, or causes evacuation or lockdown

B Misdemeanor

No defense that they did not have the means

Question 22

What constitutes Aggravated Threat of Mass Harm

Answer 22

• Commit Making A Threat of Mass Harm:

Threatening to inflict serious physical injury or death at:
1. School
2. Place of worship
3. Business
4. Government building
5. Other place of assembly
Causes fear of serious physical injury or death, or causes evacuation or lockdown

• And make any act in the furtherance thereof

A Misdemeanor

Question 23

What is the definition of Public Lewdness?

Answer 23

Intentionally exposing private parts of the body in a lewd manner or commits any other lewd act:
1. In **public **
2. In private under circumstances in which they may readily be observed from either a public place or other private location, and with the intent that they be so observed
3. Well, trespassing and under circumstances where they are observed by the lawful occupant of the location

B Misdemeanor

Question 24

What is Public Display of Offensive Sexual Material?

Answer 24

With knowledge of character and **content **of the material
Publicly displays or permits, the display easily visible from a public place, a visual representation of person or human body predominantly appealing to the interest of sex and that:
1. Depicting sexual conduct or sadomasochistic abuse
2. Depicting nudity, sexual conduct sadomasochistic abuse and unclothed genitals etc

A. Misdemeanor

Question 25

# Not yet tested but PTS believes it could appear What constitutes Unlawful Dissemination or Publication of an Intimate Image?

Answer 25

When knowing (or should know) they do not have consent of another individual and with intent to cause harm to the emotional financial or physical welfare of Another person: * Intentionally disseminate or publishes still image or video depicting such person with one or more intimate parts, exposed or engaging in sexual conduct | A Misdemeanor

Question 26

What constitutes Unlawful Dissemination of a Personal Image?

Answer 26

With intent to degrade or abuse a person who has been the victim of a crime involving physical injury, sexual conduct, restraint, intimidation) or to cause harm to the emotional, financial, or physical welfare of that person's family, a person: * Create a **disseminates or publishes a stilll or video of such victim** on social media without their consent in a way that has no or minimal, cultural or social value * The **victim is identifiable** from the media or from information displayed in connection * The victim **suffered physical injury** as a result of a sex offense or serious physical injury as a result of a non-sex offense **or death**, and this injury or death is **depicted in the image** * The **actor committed or participated in the commission of or conspired to commit the crime** that resulted in the physical injury or death, or is acting as an agent of someone who did | A Misdemeanor

Question 27

# Frequent Question What is a firearm?

Answer 27

1. Any pistol, revolver, or shotgun - barrel less than 18 inches 2. Rifle - barrel less than 16 inches 3. Assault weapon ## Footnote Does not include antiques which are: 1. Muzzel loading pistol or revolver with matchlock ignition system 2. Pistol or revolver which utilizes cartridges no longer commercially available

Question 28

# Frequent Question What is a disguised gun?

Answer 28

Any weapon capable of being concealed that is designed to appear as something other than a gun or to be a toy gun

Question 29

# Frequent Question What is an automatic knife?

Answer 29

1. Stiletto knife 2. Switchblade knife 3. Cane sword 4. Pilum ballistic knife 5. Metal knuckle knife | **Gravity knife deleted 2019** ## Footnote PTS does not know why dagger and dirk are not included

Question 30

# Frequent Question What is Criminal Possession of a Weapon 4th?

Answer 30

**Posesses:** 1. Any firearm, electronic dart gun, electronic stun gun, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type slingshot or slungshot, shuriken, or throwing star **(strict liability no excuses)** 2.Any dagger, dangerous knife, dirk, machete, razor, stiletto, imitation pistol, undetectable knife or any other dangerous or deadly instrument or weapon with intent to use the same unlawfully against another **(presumed intent, will be arrested and they can try to prove lawful use, this presumption does not apply to razor, machete or imitation pistol)** 3. **Possession of rifle, shotgun, antique firearm**, black powder rifle or shotgun, or any muzzel loaded firearm by **person with prior felony** or serious offense conviction 4. Possession of a dangerous or deadly weapon by non U.S. citizen 5. Certified psycho possesses rifle or shotgun and refuses to surrender it to police 6. Knowingly possess explosive bullet 7. **Possess armor piercing ammunition with unlawful intent** 8. Possess ghost gun, prohibited firearm, shotgun, or rifle component 9. Possession of unserialized frame or receiver | A Misdemeanor ## Footnote **Most frequent question involves:** Presumed intent in #2 and exceptions being razor, machete, and imitation pistol with razor almost always being the answer

Question 31

What Constitutes Criminal Possession of a Weapon on School Grounds?

Answer 31

Possessing a firearm, rifle, or shotgun in or upon any educational property without prior authorization or in/on SUNY forestry lands Includes school buses | E Felony

Question 32

What constitutes Criminal Possession of a Firearm?

Answer 32

1. Person possesses any firearm 2. Lawfully opossesses a firearm and knowingly fails to register the firearm | E Felony

Question 33

What constitutes Criminal Possession of a Rapid- Fire Modification Device?

Answer 33

Knowingly posesses a rapid- fire modification device | A Misdemeanor

Question 34

What constitutes Criminal Possession of a Weapon in Restricted Places?

Answer 34

A person posesses a firearm, rifle, or shotgun and: **Enters into or remains on or in private property**, where such person knows or reasonably should know that the **owner or lessee of such property has not permitted such possession by clear and conspicuous signage**, indicating that the carrying of firearms rifles were shotguns on their property is permitted or has otherwise given an express cosent **Exceptions:** Corrections officials, bankers, jurges Hunters Active military Police officers active and retired and peace officers Licensed security guards | E Felony ## Footnote If it doesnt say firearms welcome then they're not welcome

Question 35

What constitutes Criminal Possession of a Firearm/ Rifle/ Shotgun in a Sensitive Location?

Answer 35

A person posesses a firearm, rifle, or shotgun in or upon a sensitive location and knows or should know it is a sensitive location CV STEP WEST CHAP **C**ourt or other government admin building **V**oting places **S**helters and DOH residential settings **T**ransportation public **E**ntertainment venue **P**layground, library, Parks, and zoos public **W**orship places (excludes their security) **E**vents with special protection (parade) **S**chools and camps **T**imes Square **C**hildcare center **H**ospital and healthcare facility **A**lcohol and beverage control licensed place **P**rotest or assembly to express constitutional rights | E Felony ## Footnote **Exceptions:** HELL CRAMP **H**unters and biathlons **E**mployee of a government protecting natural resources **L**icensed security guard **L**aw-enforcement, active and retired federal **C**orrections officials, bankers judges **R**esidential program operators, licensed by municipality **A**ctive military and military ceremonies **M**useums and historic sites **P**olice officers, active and retired and police officers

Question 36

# Frequent Question What constitutes Criminal Possession of a Weapon 3rd?

Answer 36

1. Commits CPW 3rd (Long list, Short List, or Non US Citizen) with **any prior criminal conviction** 2. Possesses heavy duty items (Bombs, **silencers**, machine guns) 3. Defaced machine gun, firearm, rifle, shotgun for the purposes of concealment, preventing crime detection, or misrepresenting weapon identity 4. Possesses 3 or more firearms or possession of firearm with prior conviction of a Felony or Class A Misdemeanor in previous 5 years (Possession in home or business doesnt count) 5. Possession of disguised gun 6. Possession of assault weapon 7. Possession of large capacity ammo feeding device (10+ rounds) 8. Possession of unloaded firearm during commission of drug trafficking felony 9. Possession of an unloaded firearm during a violent felony offense | D Felony ## Footnote **Most frequent question involves:** 1. Commits CPW 3rd (Long list, Short List, or Non US Citizen) with **any prior criminal conviction** 2. Possesses heavy duty items (Bombs, **silencers**, machine guns)

Question 37

# Frequent Question What constitutes Criminal Possession of a Weapon 2nd?

Answer 37

**With intent to use unlawfully:** 1. A person possesses a Machine Gun 2. A person possesses a **LOADED** firearm 3. A person possesses a Disguised Gun **No unlawful intent required:** 1. A person possesses a 5 or more firearms * If with **no unlawful intent** a person posesses a **loaded firearm** in their **home or place of business** the offense drops to **CPW 4th A Misdemeanor** **This reduction has been tested by examiners** | C Felony

Question 38

# Frequent Question What constitutes Criminal Possession of a Weapon 1st?

Answer 38

**With intent to use unlawfully:** 1. A person possesses an **explosive substance** **With no specified intent:** 1. A person possesses a **10 or more firearms** | B Felony ## Footnote Frequent Question * Rodger is going to rob a bank which he walks into **while open for business** * He is going to use the bomb to rob the bank by blowing up the safe door * He walks in and decides against it What crime has he committed? Many pick Burglary but this is wrong because **he did not unlawfully enter** the bank was open for business He committed CPW 1st

Question 39

Regarding Juvenile Offenders who possess firearms on school grounds which item is not included?

Answer 39

Loaded firearm or Machine gun included **Disguised gun NOT included**

Question 40

What constitutes Unlawful Possession of Weapons by Persons Under Sixteen?

Answer 40

It is unlawful for anyone under 16 to possess: 1. Air-guns or spring-guns 2. Any gun or instrument in or upon which any loaded or blank cartridges may be used 3. Any dangerous knives Exceptions for rifle, shotgun or ammunition if hunting and licensed ## Footnote Makes the person a Juvenile Delinquent

Question 41

What constitutes Unlawful Possession of Weapons Upon School Grounds?

Answer 41

It is unlawful for anyone **16 or older** to possess: 1. Air-guns or spring-guns 2. Any gun or instrument in or upon which any loaded or blank cartridges may be used 3. Any dangerous knives **On school grounds without written permission** | Violation

Question 42

What constitutes Criminal Use of a Firearm 2nd?

Answer 42

While in the commission of a **Class C** Violent Felony: 1. Possesses a **deadly weapon** that is **loaded** 2. **Displays** what appears to be a pistol, rifle, shotgun, machine gun or other firearm | C Felony

Question 43

What constitutes Criminal Use of a Firearm 1st?

Answer 43

While in the commission of a **Class A or B** Violent Felony: 1. Possesses a **deadly weapon** that is **loaded** 2. **Displays** what appears to be a pistol, rifle, shotgun, machine gun or other firearm | B Felony

Question 44

What constitutes Criminal Sale of a Firearm 3rd?

Answer 44

**A person not authorized to possess a firearm:** 1. Sells or gives etc. a firearm 2. Possesses a firearm with intent to sell (Possession of **3 or more firearms** is presumption of **intent to sell**) | D Felony

Question 45

What constitutes Criminal Sale of a Firearm 2nd?

Answer 45

**Unlawfully sells:** 1. **5 or more** firearms to a **person** 2. **5 or more** firearms in a period not more than **a year** | C Felony

Question 46

What constitutes Criminal Sale of a Firearm 1st Degree?

Answer 46

**Unlawfully sells:** 1. **10 or more** firearms to a **person** 2. **10 or more** firearms in a period not more than a **year** | B Felony

Question 47

What constitutes Criminal Sale of a Firearm with the Aid of a Minor?

Answer 47

Someone aged **18 or more solicits or requests the aid** of someone **less than 16 to sell a firearm** unlawfully to another | C Felony ## Footnote The adult involved commits a Class C felony.

Question 48

What constitutes Criminal Sale of a Firearm to a Minor?

Answer 48

Someone **not authorized to possess** a firearm unlawfully **sells, exchanges, gives etc a firearm** to a person who reasonably **appears to be less than 19** | C Felony

Question 49

What constitutes Criminal Purchase or Disposal of a Weapon?

Answer 49

Lending, giving, etc (**unauthorized exchanges**) of a firearm, rifle, shotgun **to a person not authorized** to possess it. | D Felony

Question 50

What constitutes Aggravated Criminal Possession of a Weapon?

Answer 50

Commission of **violent felony offenses or drug trafficking felony** while violating **CPW 2nd** | C Felony

Question 51

What constitutes Unlawful Possession of certain Ammunition feeding devices?

Answer 51

Device contains **more than 7 rounds** ## Footnote **Offense level varies** * 1st offense **at home** - Violation * 2nd offense **at home** - B Misdemeanor * 1st offense **not at home** - B Misdemeanor * 2nd offense **not at home** - A Misdemeanor

Question 52

What constitutes Safe Storage of Rifles, Shotguns, and Firearms?

Answer 52

If you reside with any person who is not authorized to possess a firearm you must not leave that firearm unattended without being securely locked in a safe | A Misdemeanor

Question 53

What constitutes Criminal Purchase of a Semiautomatic Rifle?

Answer 53

A person purchases or takes possession of a semi automatic rifle who is unauthorized according to current laws of this state ## Footnote Class A Misdemeanor first offense E Felony any subsequent offense

Question 54

What constitutes Criminal Sale of a Semiautomatic Rifle?

Answer 54

Knowing or having reason to know a weapon is a semi-automatic rifle, a person sells, exchanges, gives, or disposes of said weapon to another who unauthorized according to current laws of this state | E Felony ## Footnote Involves selling to someone without a license.

Question 55

# Frequent Question Who is exempt from certain Article 265 provisions?

Answer 55

Police officers, peace officers, military members, licensed individuals, wardens, firing ranges etc ## Footnote **Frequently tested question:** An executor of one of these individuals' wills has **15 days to dispose of or turn over the weapon or weapons to police**

Question 56

# Frequent Question What consitutes Certain Wounds to be Reported?

Answer 56

Physicians and hospitals **must report to the police** every case of a: 1. Bullet wound 2. Gunshot wound 3. Powder burn 4. Any other injury arising from or caused by the discharge of a firearm 5. Any injury that is likely to or may result in death from a knife, ice pick or other sharp instrument

Question 57

# Frequent Question What consitutes Burn Injury and Wounds to be Reported?

Answer 57

Physicians and hospitals **must report to the Office of Fire Prevention and Control** every case of a: 1. Burn injury or wound resulting in 2nd or 3rd degree burns to 5% or more of their body 2. Any burns to the upper respiratory tract or laryngeal edma due to the inhalation of superheated air 3. Every case of a burn likely to result in death

Question 58

# Frequent Question What are the presumptions under article 265 regarding: 1. Machine Guns found in any room, structure, dwelling, or vehicle 2. Stolen vehicle containing a weapon defined under Article 265 3. Non-stolen vehicle containing a weapon defined under Article 265

Answer 58

1. **Machine gun in any room, structure, dwelling, or vehicle**- presumed to be possessed by ALL persons (No Exceptions) 2. **Weapon defined under Article 265 in a stolen vehicle**- presumed to be possessed by ALL persons (No Exceptions) 3. **Weapon defined under Article 265 in a non-stolen vehicle**- presumed to be possessed by ALL persons (**3 exceptions**) * Found on one of the occupant's person * Driver is in lawful pursuit of his trade (taxi/ uber) * Occupant of vehicle has valid license to carry pistol/ revolver ## Footnote Example: * Roger picks up Tondelayo * They get pulled over * Cop sees gun in back seat, investigation commences, vehicle comes back stolen * Everybody goes

Question 59

# Frequent Question What is required when a firearm is reported lost or stolen?

Answer 59

* Must report within 24 hours to police department or sheriff's office * Police officer must forward notice to state police via NYSPIN | A Misdemeanor

Question 60

# Frequent Question What are the offenses regarding possession and sale of fireworks?

Answer 60

1. Possession of fireworks- Violation 2. Sale of fireworks- B Misdemeanor 3. Sale of $500 or more of fireworks- A Misdemeanor 4. Sale of **Dangerous Fireworks** to a person less than 18- A Misdemeanor (**E Felony** if **previous conviction** of such sale in **last 5 years**) 5. Possession of **$150 or more** in fireworks is presumed **intent to sell** ## Footnote * "**Dangerous Fireworks**" means any fireworks capable of causing serious physical injury and which are: **firecrackers** containing **more than fifty milligrams of any explosive substance**, torpedoes, skyrockets and rockets including all devices which employ any combustible or explosive substance and which rise in the air during discharge, Roman candles, and bombs, provided * In **cities with a population of one million or more**, the term "**dangerous fireworks**" shall also include **sparklers more than ten inches in length or one-fourth of one inch in diameter**, or chasers including all devices which dart or travel about the surface of the ground during discharge.

Question 61

What are the offenses regarding Noxious Materials?

Answer 61

1. **Possessed** under circumstances evincing **intent to cause physical injury** 2. Unlawful sale **Exceptions:** * Bank security devices (dye packs) exempt * Self- defense spray not explicitly prohibited | Both B Misdemeanors

Question 62

# Frequent Question What constitutes Creating a Hazard under Article 270

Answer 62

**A person is guilty of creating a hazard when:** 1. **Having discarded in any place where it might attract children**, a container which has a compartment of more than one and one-half cubic feet capacity and a door or lid which locks or fastens automatically when closed and which cannot easily be opened from the inside, he fails to remove the door, lid, locking or fastening device (**Refrigerator**) 2. Being the **owner or otherwise having possession** of property upon which an **abandoned well or cesspool** is located, he **fails to cover** the same with suitable protective construction. | B Misdemeanor

Question 63

What constitutes Unlawful Refusal to Yield a Party Line?

Answer 63

Occurs when an individual refuses to allow their operable phone line to be used for the purposes of an emergency call. | B Misdemeanor

Question 64

# Frequent Question What constitutes Unlawful Wearing of Body Armor?

Answer 64

* Commits a violent felony * Possesses a firearm, rifle or shotgun * Wears body armor during this offense Violent felonies defined in P.L. 70.02 | E Felony ## Footnote * They often test the offenses that would make wearing body armour during the offense Unlawful Wearing of Body Armor **Top choices given by examiners:** * Assault 2nd * Intimidating a Witness 2nd

Question 65

# Frequent Question What constitutes Unlawful Purchase of Body Armor?

Answer 65

Purchase of take posession of body armour and the individual is not: 1. Police officer 2. Peace officer 3. Military 4. Otherwise designated personnel | A Misdemeanor first offense/ E Felony each subsequent offense

Question 66

# Frequent Question What constitutes Unlawful Sale of Body Armor?

Answer 66

Unlawfully sell, give, etc body armour to a person and the individual is not: 1. Police officer 2. Peace officer 3. Military 4. Otherwise designated personnel | A Misdemeanor first offense/ E Felony each subsequent offense

Question 67

What constitutes Unlawful Fleeing from a Police Officer by Motor Vehicle 3rd?

Answer 67

**A defendant who knows they have been directed by a police officer or officer in marked patrol car with lights, or siren**: 1. Flees at a speed in excess of 25 mph or more over the speed limit 2. Commits reckless driving per VTL 1212 during flight | A Misdemeanor

Question 68

What constitutes Unlawful Fleeing from a Police Officer by Motor Vehicle 2nd?

Answer 68

**A defendant who knows they have been directed by a police officer or officer in marked patrol car with lights, or siren**: 1. Flees at a speed in excess of 25 mph or more over the speed limit 2. Commits reckless driving per VTL 1212 during flight **During flight Police officer or 3rd party suffers serious physical injury** | E Felony

Question 69

What constitutes Unlawful Fleeing from a Police Officer by Motor Vehicle 2nd?

Answer 69

**A defendant who knows they have been directed by a police officer or officer in marked patrol car with lights, or siren**: 1. Flees at a speed in excess of 25 mph or more over the speed limit 2. Commits reckless driving per VTL 1212 during flight **During flight Police officer or 3rd party is killed** | D Felony

Question 70

What constitutes a hate crime?

Answer 70

* No specific hate crime offense rather alresady existing P.L. offenses can be charged as hate crimes. * A hate crime occurs when the victim is selected or the act is committed because of belief or perception (regardless if correct) of race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability, or sexual orientation. **Multiple different offenses including:** 1. Assaults 2. Menacing 3. Reckless Endangerment 4. Manslaughter and Murder 5. Rape and Sex Abuse 6. Unlawful Imprisonment and Kidnapping 7. Trespass and Burglary 8. Criminal Mischief and Arson 9. Larceny and Robbery 10. Sex Trafficking 11. Criminal Possession of a Weapon 12. Terrorism and Chemical and Bio Weapon offenses | Typically prosecuted at one level higher in classification.

Question 71

What constitutes Soliciting or Providing Support for an Act of Terrorism 2nd and 1st?

Answer 71

* **2nd Degree**: With intent that material support or resources will be used, in whole or in part, to plan, prepare, carry out or aid in either an act of terrorism or the concealment of, or an escape from, an act of terrorism, he or she raises, solicits, collects or provides material support or resources. * **1st Degree**: Commits Soliciting or Providing Support for an Act of Terrorism 2nd and amount contributed exceeds $1000 ## Footnote 2nd Degree- D Felony 1st Degree- C Felony

Question 72

What constitutes a Crime of Terrorism?

Answer 72

With intent to intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or affect the conduct of a unit of government by murder, assassination, or kidnapping a person commits a "specified offense" (see 490.05 - 3a).

Question 73

What constitutes Making a Terroristic Threat?

Answer 73

With intent to intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by murder, assassination or kidnapping, he or she threatens to commit or cause to be committed a specified offense and thereby causes a **reasonable expectation or fear of the imminent commission of such offense**. 2. It shall be no defense to a prosecution pursuant to this section that the defendant did not have the intent or capability of committing the specified offense or that the threat was not made to a person who was a subject thereof. | D Felony ## Footnote It shall not be a legitimate defense that the defendant did not have the intent or capability of committing the specified offense or that the threat was not made to a person who was a subject thereof

Question 74

What constitutes Hindering Prosecution of Terrorism 2nd?

Answer 74

A person **renders criminal assistance** to a person who has committed an act of terrorism, **knowing or believing that such person engaged in conduct constituting an act of terrorism.** | C Felony

Question 75

What constitutes Hindering Prosecution of Terrorism 1st?

Answer 75

A person **renders criminal assistance** to a person who has committed an act of terrorism, **knowing or believing that such person engaged in conduct constituting an act of terrorism** that resulted in a death of at least **1 person who was not a participant.** | B Felony

Question 76

What constitutes Criminal Possession of a Chemical or Biological Weapon 3rd?

Answer 76

A person possesses any select chemical agent or select biological agent under **circumstances evincing an intent** by the defendant to use such weapon **to cause serious physical injury or death to another person**. | C Felony

Question 77

What constitutes Criminal Possession of a Chemical or Biological Weapon 2nd?

Answer 77

A person possesses **any chemical weapon or biological weapon** with intent to use such weapon to: * **Cause serious physical injury to, or the death of, another person and:** 1. Intimidate or coerce a civilian population 2. Influence the policy of a unit of government by intimidation or coercion 3. Affect the conduct of a unit of government by murder, assassination, or kidnapping. 4. Cause serious physical injury to, or the death of, more than two persons. | B Felony

Question 78

What constitutes Criminal Possession of a Chemical or Biological Weapon 1st?

Answer 78

A person possesses any **select chemical agent** with intent to use such chemical agent to: * **Cause serious physical injury to, or the death of, another person and:** 1. Intimidate or coerce a civilian population 2. Influence the policy of a unit of government by intimidation or coercion 3. Affect the conduct of a unit of government by murder, assassination, or kidnapping. 4. Cause serious physical injury to, or the death of, more than two persons. * A select biological agent with the intent to cause serious physical injury or death to another | A-I Felony

Question 79

What constitutes Criminal Use of a Chemical or Biological Weapon 3rd?

Answer 79

**A person under circumstances evincing a depraved indifference to human life**: * Uses, deploys, releases, or causes to be used, deployed, or released any **select chemical agent or select biological agent**, and thereby creates a **grave risk of death or serious physical injury to another person not a participant** in the crime. | B Felony

Question 80

What constitutes Criminal Use of a Chemical or Biological Weapon 2nd?

Answer 80

**A person uses, deploys, releases, or causes to be used, deployed, or released, any chemical weapon or biological weapon, with intent to:** * Cause serious physical injury to, or the death of, another person **and** 1. Intimidate or coerce a civilian population; 2. Influence the policy of a unit of government by intimidation or coercion 3. Affect the conduct of a unit of government by murder, assassination, or kidnapping. | A-II Felony.

Question 81

What constitutes Criminal Use of a Chemical or Biological Weapon 1st?

Answer 81

* **A person with intent to cause serious physical injury to, or the death of, another person** **and** 1. Intimidate or coerce a civilian population; 2. Influence the policy of a unit of government by intimidation or coercion 3. Affect the conduct of a unit of government by murder, assassination, or kidnapping. Said person uses, deploys, releases, or causes to be used, deployed, or released, any **select chemical agent** and thereby **causes serious physical injury or death to a non participant** * With **intent to cause serious physical injury to, or the death of, more than two persons**, a person uses, deploys, releases, or causes to be used, deployed, or released **any select chemical agent** and thereby **causes serious physical injury to, or the death of, more than two persons who are not participants** in the crime * With **intent to cause serious physical injury to, or the death of another person**, a person uses, deploys, releases, or causes to be used, deployed, or released **any select biological agent** and thereby **causes serious physical injury to, or the death of another person who is not a participant** in the crime | A-I Felony.