PENAL LAW EXERCISE: CLASSIFYING CRIMES

Criminal Justice H

Disorderly Conduct

being loud,using profanity in public. Causing a disturbance. Obstructing traffic and threatening violence. Violation = 15 Days

Murder in the 2nd Degree

Intent, Extreme Emotional Disturbance, Causing or aiding in the suicide of another person, Depraved indifference to life; being eighteen years old or more the defendant recklessly engages in conduct which creates a grave risk of serious physical injury or death to another person less than eleven years old and thereby causes the death of such person; or Being eighteen years old or more, while in the course of committing rape in the first, second or third degree, criminal sexual act in the first, second or third degree, sexual abuse in the first degree, aggravated sexual abuse in the first, second, third or fourth degree, or incest in the first, second or third degree, against a person less than fourteen years old, he or she intentionally causes the death of such person. Class A

Grand Larceny in the 2nd Degree

Value of property taken exceeds $50,000 and property is obtained by extortion. Class C Felony = 15 years

Money laundering in support of terrorism in the 1st Degree

total value of the property involved in such financial transaction or transactions exceeds seventy-five thousand dollars. Class B Felony = 25 years

Aggravated vehicular homicide

BAC level is .18 or more; License is suspended; past record of driving while intoxicated; Causes death of more than one person; operates a vehicle while under the influence with a child under the age of 15 and causes death of that child. Class B Felony = 25 years (Boy Scout Case in Wading River)

Eavesdropping

wiretapping, mechanical overhearing of a conversation, or intercepting or accessing of an electronic communication. Class E Felony = 4 years

Robbery in the 1st Degree

Forcibly steals property; Causes serious physical injury to any person who is not a participant in the crime; or is armed with a deadly weapon; Uses or threatens the immediate use of a dangerous instrument; or Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm. Class B Felony = 25 years

Public Lewdness

intentionally exposes the private or intimate parts of his or her body in a lewd manner or commits any other lewd act in a public place. Class B Misdemeanor = 3 Months

Harassment in 2nd Degree

strikes, shoves, kicks;follows a person in or about a public place or places. Violation = 15 Days

Placing a False Bomb in 2nd Degree

device or object that by its design, construction, content or characteristics appears to be or to contain, a bomb, destructive device, explosive or hazardous substance. Class E Felony = 4 years

Rape in 1st Degree

By Force, victim is incapable of consent and who is less than 11 years old; less than 13 and the principal is more than 18 years old. Class B Felony = 25 years

Manslaughter in 1st

intent to cause serious physical injury to another person, he causes the death; acts under the influence of extreme emotional disturbance;commits upon a female pregnant for more than twenty-four weeks an abortional act which causes her death; eighteen years old or more and with intent to cause physical injury to a person less than eleven years old, causes death. Class B Felony = 25 years

Criminal Solicitation in 3rd Degree

Person over 18 recruits person under 16 to help commit a felony. Class E Felony = 4 years

Unlawful imprisonment in 2nd Degree

Restrain another person from leaving. Class A Misdemeanor = 1 year

Possession of a weapon in 3rd Degree

previously convicted of any crime; possesses any explosive or incendiary bomb, bombshell, firearm silencer, machine-gun or any other firearm or weapon simulating a machine-gun; possesses three or more  firearms; or possesses any disguised gun; or Such person possesses an assault weapon; possesses an unloaded firearm and also commits a drug trafficking felony. Class D Felony = 7 years

Criminal Sale of a Firearm to a minor

not authorized pursuant to law to possess a firearm and he unlawfully sells, exchanges, gives or disposes of a firearm to another person who is or reasonably appears to be less than nineteen years of age. Class C Felony = 15 years

Criminal possession of controlled substance in 1st Degree

possesses one or more preparations, compounds, mixtures or substances containing a narcotic drug and said preparations, compounds, mixtures or substances are of an aggregate weight of eight ounces or more; or methadone and said methadone weighs five thousand seven hundred sixty milligrams or more. Class A Felony = Life

Patronizing a prostitute in 2nd Degree

being eighteen years old or more, he or she patronizes a person for prostitution and the person patronized is less than fifteen years old. Class E Felony = 4 years

Sex Trafficking

Providing person with drugs, alcohol to engage in prostitution; withholding passport or legal documentation; using force to subdue victims; forcing prostitution to repay debt; causes physical injury or harm; uses intimidation to subdue victim. Class B Felony = 25 years

Criminal possession of marijuana in 4th Degree

knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than two ounces. Class A Misdemeanor = 1 year

Criminal Sale of marijuana in 1st Degree

knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than sixteen ounces. Class C Felony = 15 years

Escape in 1st Degree

Been convicted and escape facility; been arrested and escape custody; been adjudicated as youth and escape. Class D Felony = 7 years

Coercion in 2nd Degree

Commit coercion in the 3rd Degree and then compel someone to engage in sexual activity. Class E Felony = 4 years

Health Care Fraud in 3rd Degree

Commits Health Care Fraud in 5th and monetary amount received exceeds $10,000. Class D Felony = 7 years

Conspiracy in 6th Degree

Agrees with one or more persons to commit a crime. Class B Misdemeanor = 3 months