N.Y. Penal Law § 15.05: Culpability; definitions of culpable mental states

§ 15.05 Culpability; definitions of culpable mental states.

The following definitions are applicable to this chapter:

1. "Intentionally." A person acts intentionally with respect to a

result or to conduct described by a statute defining an offense when his

conscious objective is to cause such result or to engage in such

conduct.

2. "Knowingly." A person acts knowingly with respect to conduct or to

a circumstance described by a statute defining an offense when he is

aware that his conduct is of such nature or that such circumstance

exists.

3. "Recklessly." A person acts recklessly with respect to a result or

to a circumstance described by a statute defining an offense when he is

aware of and consciously disregards a substantial and unjustifiable risk

that such result will occur or that such circumstance exists. The risk

must be of such nature and degree that disregard thereof constitutes a

gross deviation from the standard of conduct that a reasonable person

would observe in the situation. A person who creates such a risk but is

unaware thereof solely by reason of voluntary intoxication also acts

recklessly with respect thereto.

4. "Criminal negligence." A person acts with criminal negligence with

respect to a result or to a circumstance described by a statute defining

an offense when he fails to perceive a substantial and unjustifiable

risk that such result will occur or that such circumstance exists. The

risk must be of such nature and degree that the failure to perceive it

constitutes a gross deviation from the standard of care that a

reasonable person would observe in the situation.