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CJ 115 – NYS PENAL LAW
Do the Snyder Incident
Question to the class – What is the NYS Penal Law?
Is it the only set of laws in New York State?
Name and identify some leading other laws….
Definition of the NYS Penal Law:
It is a collection of rules and regulations that dictate everyday life
It regulates public order
It defines commissions or omissions of various circumstances
It defines punishment for those infractions
IT IS A COLLECTION OF PRIOR NOTICE
PRIOR NOTICE
It is something that regulates behavior that is written down
There is authority supporting the writings
WHAT IS ITS INTENT?
To define criminal acts
To spell out its respective punishments
To give fair warning to any potential violator
To spell out the various degrees of the criminal offense
TO ESTABLISH PRIOR NOTICE
What is a criminal offense?
THE COMMISSION OF AN ACT PROHIBITED
OR, THE OMISSION OF AN ACT REQUIRED;
BY THE PENAL CODE OF AN ORGANIZED POLITICAL STATE.
Define the above:
Cite examples of all three
What does this all mean? We just determined through the above definitions:
1. it must be written down somewhere as law PRIOR to the incident
2. the entity creating this must have authority to do so
- the ability to make law authorized by law
3. if it is not defined as a violation of law, the act is to be deemed not
criminal in nature
4. if it is not criminal, you – as the police officer – might still have to act
5. even though it might not be criminal, it might be a civil action
What are the various categories of prior notice?
1. felony
2. misdemeanor
3. violations
4. traffic infractions
Felony
Crimes <
Misdemeanor
Criminal Offense <
Violation
Traffic Infractions
What are these symbols? §
How to read a section of law:
…as defined herein …as defined in a supplement to a section of a law …good faith exception An honest belief that you were acting within the legal limits of the law. A person is NOT relieved of CRIMINAL LIABILITY unless….. …see exceptions Section 15.25 INTOXICATION Not a defense Only when a section provides as such Only when proof as to INVOLUNTARY INTOXICATION DEFINE INVOLUNTARY ARTICLE 35 DEFENSE OF JUSTIFICATION One of the most important sections for anyone in public safety Anyone that might have to use force upon another in their job A police firearms instructor might be sued and held liable as to a police shooting if the courts deem the officer was not properly instructed, even if the office was acting as he was trained. Vicarious liability Key word throughout the entire section is REASONABLE That action that a reasonable person would do Those actions that are reasonable Define the standard for determining reasonable Section 35. Read it in class Section 35.10 Justification; Use of Physical Force generally
IT IS ILLEGAL TO USE FORCE ON ANYONE. YOU CANNOT
HARM OR CAUSE ILLICT PHYSICAL CONTACT WITH ANYONE
THAT MIGHT RESULT IN INJURY /PAIN
Subdivisions 1 – 6 are nothing more than exceptions to that rule
- Parents allowed to use force on children under the age of 21 still living at home
- Jails allowed to use force and restrain inmates for maintenance of control Cite Onondaga problem with shackling Security chair at PSB Pepper gas – spray and grenades, restraints and non-lethal weapons
- Common carriers of passengers may use…. What is a common carrier? The shoe bomber on the airline and actions of the passengers….. ………were the passengers and actions reasonable? NYC taxi cabs……. Can a school bus driver use force on the bus to maintain control
- Physical force to prevent suicide or self inflicted serious injury MUST BE LESS THAN DEADLY PHYSICAL FORCE ADMINISTERED ROCHESTER POLICE MISTAKE Martville domestic, GATP suicide hot line and pepper gas Use of Non-lethal weapons Question for class: Ledyard fire/shotgun incident Use of MHL 9.41 versus Penal Law
- Licensed physicians in treatment Key word is licensed to treat in NYS Applicable to EMTs and medics Does not recognize faith healers, religious practices, etc.
- Defense of persons or premise Level of force must be reasonable to that crime This is where a lot of police / citizens get in trouble Can your level of force exceed the perps’ level of force? Is your home your castle? Bethel incident Just who can defend the person or the premise? Section 35.15 Use of Force in Defense of a Person Includes both oneself and another person Exceptions: 1. actor provoked the incident 2. actor initial aggressor but has withdrawn and articulated so 3. combat by agreement retreat rule is applicable here – you are to if it is an option Deadly Physical Force [DPF] under the following circumstances Can not use DPF in reference to #1 unless a. the actor reasonable believes the perp is going to use DPF UNLESS there is an avenue of retreat available EXCEPT (i) in his dwelling and not the initial aggressor
Section 35.30 Use of Force in Making an Arrest / Preventing an Escape Read over the subdivisions Anyone can use force…..only the police and peace can do a 205.30 charge Force discussion as to amount and type, on whom under what circumstances May still get sued even if your actions are justifiable and reasonable Example – Milk Station Subd 3 examples – Cato High School and Hank in Port Byron Hawkins Arrest at residence with Joe Taylor
Article 40 Defenses Involving Lack of Culpability
These are not arrestable sections Section 40.00 DURESS Person was forced to commit a crime by other than a police officer Simple blackmail is NOT LISTED AS AN ELEMENT Element – component necessary to complete the section requirement MUST have imminent threat or threat of force
- a fear of physical force to self, family or friend Person would not have done the criminal act without this threat Not in the lifestyle of person, more than just not wanting to do it at that time Section 40.05 ENTRAPMENT Criminal act urged by police or public servant Must show strong urging on part of that public servant/police Simply affording the person the opportunity is not enough Example: radar detail & CB radio
40.10 RENUNCIATION
Most of you are going to get this one wrong on all your tests Must declare non-involvement AND try to retard the criminal action Notify police or target of criminal act Both elements or the attempts at such must be present Simply backing out and running away is not enough Too easy to say “I wanted no part of it….” Might have known that arrest/detection was imminent May still be charged with something if act occurs THIS ACTION MUST BE SHOWN PRIOR TO INCIDENT HAPPENING ………..Monty Python…..SORRY – RUN AWAY! 40.15 Mental Disease or Defect ……….Please……..no volunteers here……… Usually a defense brought up after an arrest is made Usually not a concern of the police at the time of the arrest or incident …….Dahmer, Shawcross Oftentimes you can tell at the time of the incident or arrest CHARGES MAY HAVE TO BE AMENDED TO 9.41 MENTAL HYGIENE LAW This is not a criminal offense, but a NYS Department of Mental Health law Does not carry a criminal record and you do not fingerprint / photo perp Explain the arrest procedure If you are not sure at the time of the arrest – always go higher Go with the criminal arrest and not the MHL Let the courts amend the charge or just make MHL part of sentence CAN NO CHARGE MHL AND LATER AMEND TO CRIMINAL You doing so are stating that you knew perp having mental afflictions WARNING - once you have charged the person with a MHL infraction you cannot change to criminal charge later. You have deemed that person to having mental afflictions and to be mentally incompetent, an automatic defense. You might have violated his rights at this point in time. [Ledyard incident] If there is doubt as to the person – always go with criminal charges…it can be amended without any incident or wrongdoing on your part If there is doubt…..seek out a higher authority Might have to go with criminal charges just to quell the situation and later amend to MHL later [Nelson, Loretta]
Simply saying that the person will agree to commit the crime is not
enough. There must be other actions to accompany or further the
incident.
Prosecution for the act can in any county in NYS should initial
agreement occur here and the proposed act was to occur there…..
This is called an INCHOATE OFFENSE – incomplete or partial
§115.00 Criminal Facilitation
Define the criminal act
Renders aid in the commission of the crime
HELPS
Aid can be in numerous forms:
Physical
Information
Tools / equipment
Transportation
Leaves access for the crime; inside job
Aides in escape or hiding of fugitive [specific charges for
this]
Person may transport item to another
To hide evidence or dispose of property
§110.00 Attempt
THIS IS ANOTHER ONE IN WHICH MANY WILL DO
POORLY
Read the section and explain the elements
Called an INCHOATE OFFENSE - meaning incomplete or partial
Simply stated….the perp makes an earnest effort to complete the crime
Arrest procedure: with the exception of A1 Felony arrests, all others
are one level less than the offense which was attempted
§110.10 Attempt….No defense
It does not matter that the act was impossible to finish….it only
matters that the perp thought there was a possibility it could occur
as planed or acted out.
Example: Auburn Honda attempted burglary
The perp wanted or tried to violate section but certain variables
prohibited him from doing so
Caught in the act by police or another
Copitus Interruptous
Frustrated and left high school safe
Unable to succeed Owasco residential burglary
Partner cowarded out and you are left alone and need help
Injured during the act bank / skylight
How to charge a person utilizing attempt:
1. must identify the crime if it would have been successful [burglary,
homicide, arson, etc]
2. The criminal act MUST be a crime – felony or misdemeanor
Attempt to commit a traffic infraction….?
Attempt to commit violation of disorderly conduct…?
3. Cannot arrest for §110.00 only…. It must be 110.00 AND crime
section attempt what….?
4. with exception of A2 offenses, the act is reduced one degree of
severity example: Attempted Grand Larceny 4
th
5. written version on Information Complaint; §110.00;155.30(7)
Who is still confused?
§120.03 Vehicular Assault 2nd
Vehicular definition – motor vehicle
What is a motor vehicle and what is not?
List all motor vehicles that might be applicable
1. with CN, the operator causes SPI to ANOTHER [in/outside motor
vehicle]
2. AND operator of vehicle, vessel or pubic vessel guilty of §1192 of
V&T Law
3. OR; vehicle with GVW in excess of 18,000 pounds and Haz Mat
and the Haz Mat [not the vehicle] causes SPI
OR; snowmobile
OR; an ATV
AND; operator either 1192 under VTL or Parks & Rec Law
#1 & 2 can be ANY motor vehicle and driver 1192
#3 with Haz Mat and vehicle in excess of 18,000 pounds
Driver still has to be 1192 but the material causes the injury, not
the vehicle
Has to be 1192 with snowmobile or ATV
DEFINE THE 1192 STATUTES
The five ways to become intoxicated according to NYS statute
Insertion, immersion, injection, inhalation, ingestion,
Van Ditto accident
Farden Road accident
Railroad right of ways exempt
Railroad trains exempt
§120.04 Vehicular Assault 1st
1. commits the crime of Vehicular Assault 2nd^ AND
2. license is revoked or suspended for any 1192 infraction
IF THE LICENSE SUSPENSION OR REVOCATION IS FOR
ANY REASON OTHER THAN §1192 – THEN IT IS NOT 1
ST
DEGREE BUT 2
ND
List the suspension and revocation applications
[Centerport Road accident]
§120.05 Assault 2
nd
1. Intentional SPI to another [dragged behind car in Weedsport]
2. Intent to cause PI to another by means of weapon or dangerous
instrument [school bus stabbing with BIC pen]
3. Injury – no matter how slight – to list with intent to obstruct on
duty [APD Drug Raid / Pump Road domestic / Cato
Hotel]
4. Recklessly causes SPI to another by weapon or dangerous
instrument [Cross Lake 4
th
July / Lysol can / squirrel
hunters]
5. Other than lawful drugs causes injury or stupor [date rape /
alcohol] this is an intentional act – reckless might
be subd 4
6. Felony assault with PI [Snyder]
7. PI while confined in a correctional facility
8. 18/older and with intent to PI to child 11/7, recklessly causes SPI
[parent placing child in scalding hot bath]
9. 18 / older intentional PI to person 7/less [adult punched 4 yr in stomach]
10.While on school grounds and with intent to cause PI
a. causes PI to school employee [teacher assault] b. non student PI to student during educational purposes time
11.PI to any mass transit person of bus / train
[recommended not to assault bus driver while on road!!!!] Does this apply to commercial airlines?
Menacing sections are ass-backwards …. Higher sections are first Menacing = scare someone with injury or death threat Must be imminent; face to face confrontation THE most important question during a menacing investigation….. “Were you scared?” If the answer is yes, you have Menacing If the answer is no, you have no Menacing but might have another charge Cannot arrest for Menacing if answer is NO §120.13 Menacing 1st Commits Menacing 2nd^ and has prior conviction of it within 10 years §120.14 Menacing 2nd
- reasonable fear of injury or death by displaying weapon or instrument or what appears to be a firearm what would be something that appears to be a weapon? [Weedsport Halloween incident]
- repeatedly follows person, or repeatedly does act that has the intent of instilling fear in another [Owasco doll incident]
- crime of Menacing 3rd^ in violation of an Order of Protection [OOP] The OOP does not have to originate in your jurisdiction, can come from not only any court in NYS but from any court in United States OINK If there is an OOP YOU WILL ARREST THE PERP – PERIOD!!!!! YOU DO NOT HAVE AN OPTION AND MIGHT BE GUILTY OF A FEDERAL OFFENSE IF YOU DO NOT. §120.15 Menacing 3rd Fear by physical menace No weapons or dangerous instruments No injury to victim Size of perp, statements, making a fist or other implied actions will do must have instilled fear in other person to have menacing if the person is not scared, it is not menacing it might be a different charge [reckless endangerment] only exception is if there is an OOP present and valid City of Auburn shooting
Shady Brook Trailer Park Valentines Day incident §120.20 Reckless Endangerment 2nd Reckless conduct which creates a substantial risk of SPI to another [school bus BB gun shootings, clinging to MV, no car seat – ejection] Farmer in North Victory multiple incidents Weedsport Hotel arson §120.25 Reckless Endangerment 1st Reckless conduct with depraved indifference to human life and creates a grave risk of death [Emerson Road field party incident / Sempronious party] How many of you would arrest a parent for allowing an infant to sit on their lap while mowing the lawn? Reckless endangerment can be used in almost any incident In an arson arrest – one count of this for each fireman present
- one count of this for each person present in building §120.30 Promoting a Suicide Attempt Intentionally causes or aid another person to attempt suicide NOT A SUCCESSFUL ACT ON THE PART OF THE VICTIM NOT ILLEGAL TO ATTEMPT SUICIDE IN NYS §9.41 of MHL [nurse that provided prescription drugs – her name on pill bottle] Defendant must know or have reasonable cause to believe that the person wants to commit suicide [Otter Lake incident] More than just telling someone to go kill themselves….. You are not required by law to prevent a suicide attempt if you are placed in fear of injury or death to yourself. Your basic responsibility is to report attempt to police or EMS upon your discovery. You can be arrested if you are cognizant of the attempt and do not call anyone. Police are not required by law to prevent for the same reason. While you should do all that you can as to avoid a malfeasance suit, getting yourself killed or injured just is not in your job description. [Aqueduct Park incident]
- MURDER, i.e.; willful and premeditated killing with malice aforethought. This last offense is frequently divided by various state statutes into degrees, according to the atrociousness of the motives with which, or the circumstances under which, the crime is committed. FOR THIS CLASS, WE WILL UTILIZE THE DEFINITION AS FOUND IN THE NYS PENAL LAW UNDER §125. §125.10 Criminally Negligent Homicide With criminal negligence, you cause the death of another Failure to use ordinary care Hunter sound shooting; yelling FIRE!!! in a public place that results in the death of another; bomb scare; any fatal motor vehicle accident that is not DWI Weedsport Gun Club §125.12 Vehicular Manslaughter 2nd^ Degree
- Criminally Negligent Homicide PLUS
- DWI [§ 1192 of the NYS V&T Law]; INCLUDES
- Haz Mat, ATV or Snowmobile IT IS THE BASICS OF VEHICULAR ASSAULT, ONLY THIS TIME ANOTHER PERSON IS NOT SPI BUT DIES. Alcohol and death are the mandatory [elements] factors As in the vehicular assault sections under Haz Mat, the material kills the person [Valentine Road incident, Rte 5 Christmas incident] §125.13 Vehicular Manslaughter 1st^ Degree Elements: Vehicular Manslaughter 2nd
AND
Driver’s license is suspended or revoked for any §1192 VTL infraction The key to this section is that the license of the operator is suspended or revoked for a DWI infraction – any infraction, both administrative or an arrestable section. If the license is suspended/revoked for anything else, it is not 1st^ but 2nd^ degree. Even if you have all the elements for an arrest and you make the arrest, if Grand Jury does not indict there is not much you can do. §125.15 Manslaughter 2nd^ Degree
- recklessly causes the death of another person [Martville fight, Doty]
- unlawful abortional act upon a female which causes the death of that female
- not the fetus [ anyone else catch this one?]
- intentionally causes or aides a person to commit suicide Kevorkian suicide machine If someone tells you that they want to do this and you facilitate - trouble §125.20 Manslaughter 1st^ Degree
- Intent to cause SPI, you cause the death of another “I only meant to hurt him, not kill him…” [crowbar fight]
- Intentionally kills another EXTREME EMMOTIONAL DISTURBANCE Domestic dispute quarrel revenge murder of loved one [loss of child or loved one] [Davis Homicide]
- Self-explanatory
- 18 or older, recklessly engages in conduct to 11 under w/grave risk of SPI and causes the death of that person [Fair Haven babysitter / Parson’s infant]
