2023 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.
* NB Effective until September 1, 2024
* (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);  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 the 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 such conduct as  a  sexually  motivated  felony,  where
  authorized pursuant to section 130.91 of this chapter.
* NB Effective September 1, 2024
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.
22.  For  the purposes of section 20.20 of this part and section 60.27
  of this chapter, the term "employee" shall  mean  any  person  providing
  labor  or  services  for  remuneration  for a private entity or business
  within New York state, without regard  to  an  individual's  immigration
  status,  and  shall  include part-time workers, independent contractors,
  apprentices, domestic workers, home care and personal care workers,  day
  laborers, farmworkers, and other temporary and seasonal workers.