New York Consolidated Laws, Penal Law - PEN § 30.00 Infancy




<[Section eff. Oct. 1, 2018 or Oct. 1, 2019, pursuant to L.2017, c. 59, pt. WWW, § 106 (b).  See, also, section 30.00 eff. until Oct. 1, 2018 or Oct. 1, 2019.]>

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);   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 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 ;  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.





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