N.Y. Penal Law § 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); 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.

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.