2023 New York Laws › PEN - Penal › Part 1 - General Provisions › Title C - Defenses › Article 30 - Defense of Infancy › 30.00 - Infancy.

§ 30.00 Infancy.
1. Except as provided in subdivisions two and three of this section, a
person  less  than  seventeen, or commencing October first, two thousand
nineteen, a person less  than  eighteen  years  old  is  not  criminally
responsible for conduct.
* 2.  A  person  thirteen,  fourteen  or,  fifteen  years  of  age  is
criminally responsible for acts constituting murder in the second degree
as defined in  subdivisions  one  and  two  of  section  125.25  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
or  for  such  conduct  as a sexually motivated felony, where authorized
pursuant to section 130.91 of this chapter; and a  person  fourteen  or,
fifteen years of age is criminally responsible for acts constituting the
crimes  defined  in  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 for such conduct as a sexually motivated felony, where
authorized pursuant to section 130.91 of this chapter.
* NB Effective until September 1, 2024
* 2.  A  person  thirteen,  fourteen  or,  fifteen  years  of  age  is
criminally responsible for acts constituting murder in the second degree
as  defined  in  subdivisions  one  and  two  of  section  125.25 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
or for such conduct as a sexually  motivated  felony,  where  authorized
pursuant  to  section  130.91 of this chapter; and a person fourteen or,
fifteen years of age is criminally responsible for acts constituting the
crimes defined in 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);  paragraphs  (a) and (b) of subdivision one, paragraphs (a) and
(b) of subdivision two and paragraphs (a) and (b) of  subdivision  three
of  section  130.35  (rape in the first degree); former subdivisions one
and two of section 130.35 (rape in the first degree);  subdivisions  one
and two of former section 130.50; 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 for such conduct as a sexually motivated felony, where
authorized pursuant to section 130.91 of this chapter.
* NB Effective September 1, 2024
3.  A  person  sixteen  or  commencing  October  first,  two  thousand
nineteen,  seventeen  years  of  age  is criminally responsible for acts
constituting:
(a)  a felony, as defined in subdivision five of section 10.00 of this
chapter;
(b) a traffic infraction, as defined in  subdivision  two  of  section
10.00 of this chapter;
(c)  a  violation, as defined in subdivision three of section 10.00 of
this chapter;
(d) a misdemeanor as defined in subdivision four of section  10.00  of
this chapter, but only when the charge for such misdemeanor is:
(i)  accompanied  by  a  felony  charge  that  is  shown  to have been
committed as a part of the same  criminal  transaction,  as  defined  in
subdivision two of section 40.10 of the criminal procedure law;
(ii)  results  from reduction or dismissal in satisfaction of a charge
for a felony offense, in accordance with a plea of  guilty  pursuant  to
subdivision four of section 220.10 of the criminal procedure law, unless
the  proceeding  is  removed  to  the family court pursuant to paragraph
(g-1) of subdivision five of section 220.10 of  the  criminal  procedure
law; or
(iii) a misdemeanor defined in the vehicle and traffic law.
4.  In any prosecution for an offense, lack of criminal responsibility
by reason of infancy, as defined in this section, is a defense.