N.Y. PEN Law § 10.00 — New York Code / Act PEN / Part 1 / Title A / Article 10 / Section 10.00
Definitions of terms of general use in this chapter
Status: in_force

§ 10.00 Definitions of terms of general use in this chapter.\n  Except where different meanings are expressly specified in subsequent\nprovisions of this chapter, the following terms have the following\nmeanings:\n  1. "Offense" means conduct for which a sentence to a term of\nimprisonment or to a fine is provided by any law of this state or by any\nlaw, local law or ordinance of a political subdivision of this state, or\nby any order, rule or regulation of any governmental instrumentality\nauthorized by law to adopt the same.\n  2. "Traffic infraction" means any offense defined as "traffic\ninfraction" by section one hundred fifty-five of the vehicle and traffic\nlaw.\n  3. "Violation" means an offense, other than a "traffic infraction,"\nfor which a sentence to a term of imprisonment in excess of fifteen days\ncannot be imposed.\n  4. "Misdemeanor" means an offense, other than a "traffic infraction,"\nfor which a sentence to a term of imprisonment in excess of fifteen days\nmay be imposed, but for which a sentence to a term of imprisonment in\nexcess of one year cannot be imposed.\n  5. "Felony" means an offense for which a sentence to a term of\nimprisonment in excess of one year may be imposed.\n  6. "Crime" means a misdemeanor or a felony.\n  7. "Person" means a human being, and where appropriate, a public or\nprivate corporation, an unincorporated association, a partnership, a\ngovernment or a governmental instrumentality.\n  8. "Possess" means to have physical possession or otherwise to\nexercise dominion or control over tangible property.\n  9. "Physical injury" means impairment of physical condition or\nsubstantial pain.\n  10. "Serious physical injury" means physical injury which creates a\nsubstantial risk of death, or which causes death or serious and\nprotracted disfigurement, protracted impairment of health or protracted\nloss or impairment of the function of any bodily organ.\n  11. "Deadly physical force" means physical force which, under the\ncircumstances in which it is used, is readily capable of causing death\nor other serious physical injury.\n  12. "Deadly weapon" means any loaded weapon from which a shot, readily\ncapable of producing death or other serious physical injury, may be\ndischarged, or a switchblade knife, pilum ballistic knife, metal knuckle\nknife, dagger, billy, blackjack, plastic knuckles, or metal knuckles.\n  13. "Dangerous instrument" means any instrument, article or substance,\nincluding a "vehicle" as that term is defined in this section, which,\nunder the circumstances in which it is used, attempted to be used or\nthreatened to be used, is readily capable of causing death or other\nserious physical injury.\n  14. "Vehicle" means a "motor vehicle", "trailer" or "semi-trailer," as\ndefined in the vehicle and traffic law, any snowmobile as defined in the\nparks and recreation law, any aircraft, or any vessel equipped for\npropulsion by mechanical means or by sail.\n  15. "Public servant" means (a) any public officer or employee of the\nstate or of any political subdivision thereof or of any governmental\ninstrumentality within the state, or (b) any person exercising the\nfunctions of any such public officer or employee. The term public\nservant includes a person who has been elected or designated to become a\npublic servant.\n  16. "Juror" means any person who is a member of any jury, including a\ngrand jury, impaneled by any court in this state or by any public\nservant authorized by law to impanel a jury. The term juror also\nincludes a person who has been drawn or summoned to attend as a\nprospective juror.\n  17. "Benefit" means any gain or advantage to the beneficiary and\nincludes any gain or advantage to a third person pursuant to the desire\nor consent of the beneficiary.\n  18. "Juvenile offender" means (1) a person thirteen years old who is\ncriminally responsible for acts constituting murder in the second degree\nas defined in subdivisions one and two of section 125.25 of this chapter\nor such conduct as a sexually motivated felony, where authorized\npursuant to section 130.91 of the penal law; and\n  (2) a person fourteen or fifteen years old who is criminally\nresponsible for acts constituting the crimes defined in subdivisions one\nand two of section 125.25 (murder in the second degree) and in\nsubdivision three of such section provided that the underlying crime for\nthe murder charge is one for which such person is criminally\nresponsible; section 135.25 (kidnapping in the first degree); 150.20\n(arson in the first degree); subdivisions one and two of section 120.10\n(assault in the first degree); 125.20 (manslaughter in the first\ndegree); paragraphs (a) and (b) of subdivision one, paragraphs (a) and\n(b) of subdivision two, and paragraphs (a) and (b) of subdivision three\nof section 130.35 (rape in the first degree); former subdivisions one\nand two of section 130.35 (rape in the first degree); subdivisions one\nand two of the former section 130.50; 130.70 (aggravated sexual abuse in\nthe first degree); 140.30 (burglary in the first degree); subdivision\none of section 140.25 (burglary in the second degree); 150.15 (arson in\nthe second degree); 160.15 (robbery in the first degree); subdivision\ntwo of section 160.10 (robbery in the second degree) of this chapter; or\nsection 265.03 of this chapter, where such machine gun or such firearm\nis possessed on school grounds, as that phrase is defined in subdivision\nfourteen of section 220.00 of this chapter; or defined in this chapter\nas an attempt to commit murder in the second degree or kidnapping in the\nfirst degree, or such conduct as a sexually motivated felony, where\nauthorized pursuant to section 130.91 of this chapter.\n  19. For the purposes of section 260.30 and 120.01 of this chapter the\nterm "child day care provider" shall be defined as provided for in\nsection three hundred ninety of the social services law.\n  20. For purposes of sections 120.13, 120.18, 125.11, 125.21 and 125.22\nof this chapter, the term "peace officer" means a peace officer as\ndefined in subdivision one, two, three, four, six, twelve, thirteen,\nfifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one,\ntwenty-three, twenty-three-a, twenty-four, twenty-five, twenty-six,\ntwenty-eight, twenty-nine, thirty, thirty-one, thirty-two, thirty-four,\nthirty-five, thirty-six, forty-three, forty-five, forty-seven,\nforty-eight, forty-nine, fifty-one, fifty-two, fifty-eight, sixty-one,\nas added by chapter two hundred fifty-seven of the laws of nineteen\nhundred ninety-two, sixty-one, as added by chapter three hundred\ntwenty-one of the laws of nineteen hundred ninety-two, sixty-two, as\nadded by chapter two hundred four of the laws of nineteen hundred\nninety-three, sixty-two, as added by chapter six hundred eighty-seven of\nthe laws of nineteen hundred ninety-three, sixty-three, as amended by\nchapter six hundred thirty-eight of the laws of two thousand three,\nsixty-four, sixty-five, sixty-eight, as added by chapter one hundred\nsixty-eight of the laws of two thousand, sixty-eight, as added by\nchapter three hundred eighty-one of the laws of two thousand, seventy,\nseventy-one, seventy-four, as added by chapter five hundred forty-eight\nof the laws of two thousand one, seventy-five, as added by chapter three\nhundred twenty-one of the laws of two thousand two, seventy-five, as\nadded by chapter six hundred twenty-three of the laws of two thousand\ntwo, seventy-seven, as added by chapter three hundred sixty-seven of the\nlaws of two thousand four, seventy-eight or seventy-nine, as added by\nchapter two hundred forty-one of the laws of two thousand four, of\nsection 2.10 of the criminal procedure law, as well as any federal law\nenforcement officer defined in section 2.15 of the criminal procedure\nlaw.\n  21. "Drug trafficking felony" means any of the following offenses\ndefined in article two hundred twenty of this chapter: violation of use\nof a child to commit a controlled substance offense as defined in\nsection 220.28; criminal sale of a controlled substance in the fourth\ndegree as defined in section 220.34; criminal sale of a controlled\nsubstance in the third degree as defined in section 220.39; criminal\nsale of a controlled substance in the second degree as defined in\nsection 220.41; criminal sale of a controlled substance in the first\ndegree as defined in section 220.43; criminal sale of a controlled\nsubstance in or near school grounds as defined in section 220.44;\nunlawful manufacture of methamphetamine in the second degree as defined\nin section 220.74; unlawful manufacture of methamphetamine in the first\ndegree as defined in section 220.75; or operating as a major trafficker\nas defined in section 220.77.\n  22. For the purposes of section 20.20 of this part and section 60.27\nof this chapter, the term "employee" shall mean any person providing\nlabor or services for remuneration for a private entity or business\nwithin New York state, without regard to an individual's immigration\nstatus, and shall include part-time workers, independent contractors,\napprentices, domestic workers, home care and personal care workers, day\nlaborers, farmworkers, and other temporary and seasonal workers.\n