Quarterly Exam NYS Penal Law Review Law Exam Review Quarterly Exam NYS Penal Law Review Criminal Justice/Police Sciences Mr. Oberhaus HNA Quarterly Exam Law Review

HNA Quarterly Exam Law Review Law Exam Review 263.05 Use of a child in a sexual performance. A person is guilty of the use of a child in a sexual performance if knowing the character and content thereof he/she employs, authorizes or induces a child less than 17 years of age to engage in a sexual performance or being a parent, legal guardian or custodian of such child, he consents to the participation by such child in a sexual performance. Use of a child in a sexual performance is a class C felony. HNA Quarterly Exam Law Review

HNA Quarterly Exam Law Review Law Exam Review 263.15 Promoting a sexual performance by a child. A person is guilty of promoting a sexual performance by a child when, he/she produces, directs or promotes any performance which includes sexual conduct by a child less than seventeen years of age. Promoting a sexual performance by a child is a class D felony. HNA Quarterly Exam Law Review

HNA Quarterly Exam Law Review Law Exam Review 140.05 Trespass. A person is guilty of trespass when he/she knowingly enters or remains unlawfully in or upon premises. Trespass is a violation. HNA Quarterly Exam Law Review

HNA Quarterly Exam Law Review Law Exam Review 140.10 Criminal trespass in the third degree. A person is guilty of criminal trespass in the third degree when he/she knowingly enters or remains unlawfully in a building or upon real property: Which is fenced or otherwise enclosed; or Which is utilized as a school or a children`s overnight camp or a summer day camp in violation of conspicuously posted rules or a request to leave the premises by someone licensed or privileged; or Which is a public housing project in violation of conspicuously posted rules or when a request is made to leave the building by a person licensed and privileged; or Where the property consists of a right-of-way or yard of a railroad or rapid transit railroad which has been designated and conspicuously posted as a no-trespass railroad zone. Criminal trespass in the third degree is a class B misdemeanor. HNA Quarterly Exam Law Review

HNA Quarterly Exam Law Review Law Exam Review 140.20 Burglary in the third degree. A person is guilty of burglary in the third degree when he/she knowingly enters or remains unlawfully in a building with intent to commit a crime therein. Burglary in the third degree is a class D felony. HNA Quarterly Exam Law Review

HNA Quarterly Exam Law Review Law Exam Review 140.25 Burglary in the second degree. A person is guilty of burglary in the second degree when he/she knowingly enters or remains unlawfully in a building with intent to commit a crime therein, and when: 1. In effecting entry or while in the building or in immediate flight there from, he or another participant in the crime: Is armed with explosives or a deadly weapon; or Causes physical injury to any person who is not a participant in the crime; or Uses or threatens the immediate use of a dangerous instrument; or Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or 2. The building is a dwelling. Burglary in the second degree is a class C felony. HNA Quarterly Exam Law Review

HNA Quarterly Exam Law Review Law Exam Review 140.30 Burglary in the first degree. A person is guilty of burglary in the first degree when he/she knowingly enters or remains unlawfully in a dwelling with intent to commit a crime therein, and when, in effecting entry or in immediate flight there from, he/(she) or another participant in the crime: 1. Is armed with explosives or a deadly weapon; or 2. Causes serious physical injury to any person who is not a participant in the crime; or 3. Uses or threatens the immediate use of a dangerous instrument; or 4. Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm. Burglary in the first degree is a class B felony. HNA Quarterly Exam Law Review

HNA Quarterly Exam Law Review Law Exam Review 155.25 Petit larceny. A person is guilty of petit larceny when he/she steals property worth $1,000.00 or less. Petit larceny is a class A misdemeanor. HNA Quarterly Exam Law Review

HNA Quarterly Exam Law Review Law Exam Review 155.30 Grand larceny in the fourth degree. A person is guilty of grand larceny in the fourth degree when he/she steals property and when: 1. The value of the property exceeds $1,000.00; or 2. The property consists of a public record, writing or instrument kept, or 3. The property consists of secret scientific material; or 4. The property consists of a credit card or debit card; or 5. The property, regardless of its nature and value, is taken from the person of another; or 6. The property, regardless of its nature and value, is obtained by extortion; or HNA Quarterly Exam Law Review

HNA Quarterly Exam Law Review Law Exam Review 7. The property consists of one or more firearms, rifles or shotguns; or 8. The value of the property exceeds $100.00 and the property consists of a motor vehicle, other than a motorcycle; or 9. The property consists of a scroll, religious vestment, vessel or other item of property having a value of at least one hundred dollars; or 10. The property consists of an access device which the person intends to use unlawfully to obtain telephone service; or 11. The property consists of materials used to make methamphetamine. Grand larceny in the fourth degree is a class E felony. HNA Quarterly Exam Law Review

HNA Quarterly Exam Law Review Law Exam Review 155.35 Grand larceny in the third degree. A person is guilty of grand larceny in the third degree when he/she steals property and when the value of the property exceeds $3,000.00 Grand larceny in the third degree is a class D felony. HNA Quarterly Exam Law Review

HNA Quarterly Exam Law Review Law Exam Review 160.05 Robbery in the third degree. A person is guilty of robbery in the third degree when he/she forcibly steals property. Robbery in the third degree is a class D felony. HNA Quarterly Exam Law Review

HNA Quarterly Exam Law Review Law Exam Review 160.10 Robbery in the second degree. A person is guilty of robbery in the second degree when he/she forcibly steals property and when: 1. He is aided by another person actually present; or 2. In the course of the commission of the crime or of immediate flight there from, he or another participant in the crime: (a) Causes physical injury to any person who is not a participant in the crime; or (b) Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or 3. The property consists of a motor vehicle: CAR JACKING Robbery in the second degree is a class C felony. HNA Quarterly Exam Law Review

HNA Quarterly Exam Law Review Law Exam Review 160.15 Robbery in the first degree. A person is guilty of robbery in the first degree when he/she forcibly steals property and when, in the course of the commission of the crime or of immediate flight there from, he/she or another participant in the crime: 1. Causes serious physical injury to any person who is not a participant in the crime; or 2. Is armed with a deadly weapon; or 3. Uses or threatens the immediate use of a dangerous instrument. Robbery in the first degree is a B Felony HNA Quarterly Exam Law Review

HNA Quarterly Exam Law Review Law Exam Review 145.00 Criminal mischief in the fourth degree. A person is guilty of criminal mischief in the fourth degree when, having no right to do so nor any reasonable ground to believe that he/she has such right, he: 1. Intentionally damages property of another person; or 2. Intentionally participates in the destruction of an abandoned building; or 3. Recklessly damages property of another person in an amount exceeding $250,000.00 Criminal mischief in the fourth degree is a class A misdemeanor. HNA Quarterly Exam Law Review

HNA Quarterly Exam Law Review Law Exam Review 145.05 Criminal mischief in the third degree. A person is guilty of criminal mischief in the third degree when, with intent to damage property of another person, he/she damages property of another person in an amount exceeding $250.00. Criminal mischief in the third degree is a class E felony. HNA Quarterly Exam Law Review

HNA Quarterly Exam Law Review Law Exam Review 145.60 Making graffiti. 1. For purposes of this section, the term "graffiti" shall mean the etching, painting, covering, drawing upon or otherwise placing of a mark upon public or private property with intent to damage such property. 2. No person shall make graffiti of any type on any building, public or private, or any other property real or personal owned by any person, firm or corporation or any public agency or instrumentality, without the express permission of the owner or operator of said property. Making graffiti is a class A misdemeanor. HNA Quarterly Exam Law Review

HNA Quarterly Exam Law Review Law Exam Review 145.65 Possession of graffiti instruments. A person is guilty of possession of graffiti instruments when he possesses any tool, instrument, article, substance, solution or other compound designed or commonly used to etch, paint, cover, draw upon or otherwise place a mark upon a piece of property which that person has no permission or authority to etch, paint, cover, draw upon or otherwise mark, under circumstances evincing an intent to use same in order to damage such property. Possession of graffiti instruments is a class B misdemeanor. HNA Quarterly Exam Law Review

HNA Quarterly Exam Law Review Article 135.05 Unlawful Imprisonment in the second degree. A person is guilty of unlawful imprisonment in the second degree when he/she restrains another person. Unlawful Imprisonment in the second degree is a class A Misdemeanor HNA Quarterly Exam Law Review

HNA Quarterly Exam Law Review Law Exam Review 135.20 Kidnapping in the second degree. A person is guilty of kidnapping in the second degree when he/she abducts another person. Kidnapping in the second degree is a class B felony. HNA Quarterly Exam Law Review

HNA Quarterly Exam Law Review Law Exam Review 135.25 Kidnapping in the first degree. A person is guilty of kidnapping in the first degree when he/she abducts another person and when: 1. His/Her intent is to compel a third person to pay or deliver money or property as ransom, or to engage in other particular conduct, or to refrain from engaging in particular conduct; or 2. He/She restrains the person abducted for a period of more than twelve hours with intent to: (a) Inflict physical injury upon him/her or violate or abuse him/her sexually; or (b) Accomplish or advance the commission of a felony; or… HNA Quarterly Exam Law Review

HNA Quarterly Exam Law Review Law Exam Review (c) Terrorize him/her or a third person; or (d) Interfere with the performance of a governmental or political function; or 3. The person abducted dies during the abduction or before he/she is able to return or to be returned to safety. Kidnapping in the first degree is a class A felony. HNA Quarterly Exam Law Review

HNA Quarterly Exam Law Review Law Exam Review 135.50 Custodial interference in the first degree. A person is guilty of custodial interference in the first degree when with intent to permanently remove the victim from this state, he/she removes such person from the state. Custodial interference in the first degree is a class E felony. HNA Quarterly Exam Law Review

HNA Quarterly Exam Law Review Law Exam Review 150.01 Arson in the fifth degree. A person is guilty of arson in the fifth degree when he/she intentionally damages property of another without consent of the owner by intentionally starting a fire or causing an explosion. Arson in the fifth degree is a class A misdemeanor. HNA Quarterly Exam Law Review

HNA Quarterly Exam Law Review Law Exam Review 150.05 Arson in the fourth degree. A person is guilty of arson in the fourth degree when he/she recklessly damages a building or motor vehicle by intentionally starting a fire or causing an explosion. Arson in the fourth degree is a class E felony. HNA Quarterly Exam Law Review