N.Y. Penal Law § 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); 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.

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.