New York Penal Code § 30.00

Infancy
Open in Lexace · Ask the AI about this section
§ 30.00 Infancy.\n  1. Except as provided in subdivisions two and three of this section, a\nperson less than seventeen, or commencing October first, two thousand\nnineteen, a person less than eighteen years old is not criminally\nresponsible for conduct.\n  2. A person thirteen, fourteen or, fifteen years of age is criminally\nresponsible for acts constituting murder in the second degree as defined\nin subdivisions one and two of section 125.25 and in subdivision three\nof such section provided that the underlying crime for the murder charge\nis one for which such person is criminally responsible or for such\nconduct as a sexually motivated felony, where authorized pursuant to\nsection 130.91 of this chapter; and a person fourteen or, fifteen years\nof age is criminally responsible for acts constituting the crimes\ndefined in section 135.25 (kidnapping in the first degree); 150.20\n(arson in the first degree); subdivisions one and two of section 120.10\n(assault in the first degree); 125.20 (manslaughter in the first\ndegree); paragraphs (a) and (b) of subdivision one, paragraphs (a) and\n(b) of subdivision two and paragraphs (a) and (b) of subdivision three\nof section 130.35 (rape in the first degree); former subdivisions one\nand two of section 130.35 (rape in the first degree); subdivisions one\nand two of former section 130.50; 130.70 (aggravated sexual abuse in the\nfirst degree); 140.30 (burglary in the first degree); subdivision one of\nsection 140.25 (burglary in the second degree); 150.15 (arson in the\nsecond degree); 160.15 (robbery in the first degree); subdivision two of\nsection 160.10 (robbery in the second degree) of this chapter; or\nsection 265.03 of this chapter, where such machine gun or such firearm\nis possessed on school grounds, as that phrase is defined in subdivision\nfourteen of section 220.00 of this chapter; or defined in this chapter\nas an attempt to commit murder in the second degree or kidnapping in the\nfirst degree, or for such conduct as a sexually motivated felony, where\nauthorized pursuant to section 130.91 of this chapter.\n  3. A person sixteen or commencing October first, two thousand\nnineteen, seventeen years of age is criminally responsible for acts\nconstituting:\n  (a) a felony, as defined in subdivision five of section 10.00 of this\nchapter;\n  (b) a traffic infraction, as defined in subdivision two of section\n10.00 of this chapter;\n  (c) a violation, as defined in subdivision three of section 10.00 of\nthis chapter;\n  (d) a misdemeanor as defined in subdivision four of section 10.00 of\nthis chapter, but only when the charge for such misdemeanor is:\n  (i) accompanied by a felony charge that is shown to have been\ncommitted as a part of the same criminal transaction, as defined in\nsubdivision two of section 40.10 of the criminal procedure law;\n  (ii) results from reduction or dismissal in satisfaction of a charge\nfor a felony offense, in accordance with a plea of guilty pursuant to\nsubdivision four of section 220.10 of the criminal procedure law, unless\nthe proceeding is removed to the family court pursuant to paragraph\n(g-1) of subdivision five of section 220.10 of the criminal procedure\nlaw; or\n  (iii) a misdemeanor defined in the vehicle and traffic law.\n  4. In any prosecution for an offense, lack of criminal responsibility\nby reason of infancy, as defined in this section, is a defense.\n

‹ Prev All New York sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.