NY Penal L § 10.00 (2021)
2021 New York Laws PEN - Penal Part 1 - General Provisions Title A - General Purposes, Rules of Construction, and Definitions Article 10 - Definitions 10.00 - Definitions of Terms of General Use in This Chapter.

§ 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.   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, pilum ballistic knife, metal knuckle knife, dagger, billy, blackjack, plastic knuckles, 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 or such  conduct  as  a  sexually  motivated  felony,  where  authorized pursuant to section 130.91 of the penal law; 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; 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, or such conduct as  a  sexually  motivated  felony,  where authorized pursuant to section 130.91 of the penal law.   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.   20. For purposes of sections 120.13, 120.18, 125.11, 125.21 and 125.22 of  this  chapter,  the  term  "peace  officer" means a peace officer as defined in subdivision one, two, three,  four,  six,  twelve,  thirteen, fifteen,  sixteen,  seventeen,  eighteen,  nineteen, twenty, twenty-one, twenty-three,  twenty-three-a,  twenty-four,  twenty-five,   twenty-six, twenty-eight,  twenty-nine, thirty, thirty-one, thirty-two, thirty-four, thirty-five,   thirty-six,   forty-three,    forty-five,    forty-seven, forty-eight,  forty-nine,  fifty-one, fifty-two, fifty-eight, sixty-one, as added by chapter two hundred fifty-seven  of  the  laws  of  nineteen hundred  ninety-two,  sixty-one,  as  added  by  chapter  three  hundred twenty-one of the laws of nineteen  hundred  ninety-two,  sixty-two,  as added  by  chapter  two  hundred  four  of  the laws of nineteen hundred ninety-three, sixty-two, as added by chapter six hundred eighty-seven of the laws of nineteen hundred ninety-three, sixty-three,  as  amended  by chapter  six  hundred  thirty-eight  of  the laws of two thousand three, sixty-four, sixty-five, sixty-eight, as added  by  chapter  one  hundred sixty-eight  of  the  laws  of  two  thousand,  sixty-eight, as added by chapter three hundred eighty-one of the laws of two  thousand,  seventy, seventy-one,  seventy-four, as added by chapter five hundred forty-eight of the laws of two thousand one, seventy-five, as added by chapter three hundred twenty-one of the laws of two  thousand  two,  seventy-five,  as added  by  chapter  six hundred twenty-three of the laws of two thousand two, seventy-seven, as added by chapter three hundred sixty-seven of the laws of two thousand four, seventy-eight or seventy-nine,  as  added  by  chapter  two  hundred  forty-one  of  the  laws of two thousand four, of section 2.10 of the criminal procedure law, as well as any  federal  law enforcement  officer  defined  in section 2.15 of the criminal procedure law.   21.  "Drug  trafficking  felony"  means  any of the following offenses defined in article two hundred twenty of this chapter: violation of  use of  a  child  to  commit  a  controlled  substance offense as defined in section 220.28; criminal sale of a controlled substance  in  the  fourth degree  as  defined  in  section  220.34;  criminal sale of a controlled substance in the third degree as defined  in  section  220.39;  criminal sale  of  a  controlled  substance  in  the  second degree as defined in section 220.41; criminal sale of a controlled  substance  in  the  first degree  as  defined  in  section  220.43;  criminal sale of a controlled substance in or near  school  grounds  as  defined  in  section  220.44; unlawful  manufacture of methamphetamine in the second degree as defined in section 220.74; unlawful manufacture of methamphetamine in the  first degree  as defined in section 220.75; or operating as a major trafficker as defined in section 220.77.