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New York Penal Law

Inchoate Crimes



Part Three--Specific Offenses
Titlte G--Anticipatory Offenses
Article 100--Criminal Solicitation

Section 100.00 Criminal solicitation in the fifth degree

 A person is guilty of criminal solicitation in the fifth degree when, with intent that another person engage in conduct constituting a crime, he solicits, requests, commands, importunes or otherwise attempts to cause such other person to engage in such conduct.

 Criminal solicitation in the fifth degree is a violation.
 

Section 100.05 Criminal solicitation in the fourth degree

 A person is guilty of criminal solicitation in the fourth degree when:

 1. with intent that another person engage in conduct constituting a felony, he solicits, requests, commands, importunes or otherwise attempts to cause such other person to engage in such conduct;  or

 2. being over eighteen years of age, with intent that another person under sixteen years of age engage in conduct that would constitute a crime, he solicits, requests, commands, importunes or otherwise attempts to cause such other person to engage in such conduct.

 Criminal solicitation in the fourth degree is a class A misdemeanor.
 

Section 100.08 Criminal solicitation in the third degree

 A person is guilty of criminal solicitation in the third degree when, being over eighteen years of age, with intent that another person under sixteen years of age engage in conduct that would constitute a felony, he solicits, requests, commands, importunes or otherwise attempts to cause such other person to engage in such conduct.

 Criminal solicitation in the third degree is a class E felony.
 

Section 100.10 Criminal solicitation in the second degree

 A person is guilty of criminal solicitation in the second degree when, with intent that another person engage in conduct constituting a class A felony, he solicits, requests, commands, importunes or otherwise attempts to cause such other person to engage in such conduct.

 Criminal solicitation in the second degree is a class D felony.
 

Section 100.13 Criminal solicitation in the first degree

 A person is guilty of criminal solicitation in the first degree when, being over eighteen years of age, with intent that another person under sixteen years of age engage in conduct that would constitute a class A felony, he solicits, requests, commands, importunes or otherwise attempts to cause such other person to engage in such conduct.

 Criminal solicitation in the first degree is a class C felony.
 

Section 100.15 Criminal solicitation;  no defense

 It is no defense to a prosecution for criminal solicitation that the person solicited could not be guilty of the crime solicited owing to criminal irresponsibility or other legal incapacity or exemption, or to unawareness of the criminal nature of the conduct solicited or of the defendant's criminal purpose or to other factors precluding the mental state required for the commission of the crime in question.
 

Section 100.20 Criminal solicitation;  exemption

 A person is not guilty of criminal solicitation when his solicitation constitutes conduct of a kind that is necessarily incidental to the commission of the crime solicited.  When under such circumstances the solicitation constitutes an offense other than criminal solicitation which is related to but separate from the crime solicited, the actor is guilty of such related and separate offense only and not of criminal solicitation.
 

Article 105--Conspiracy

Section 105.00 Conspiracy in the sixth degree

 A person is guilty of conspiracy in the sixth degree when, with intent that conduct constituting a crime be performed, he agrees with one or more persons to engage in or cause the performance of such conduct.

 Conspiracy in the sixth degree is a class B misdemeanor.
 

Section 105.05 Conspiracy in the fifth degree

 A person is guilty of conspiracy in the fifth degree when, with intent that conduct constituting:

 1. a felony be performed, he agrees with one or more persons to engage in or cause the performance of such conduct;  or

 2. a crime be performed, he, being over eighteen years of age, agrees with one or more persons under sixteen years of age to engage in or cause the performance of such conduct.

 Conspiracy in the fifth degree is a class A misdemeanor.
 

Section 105.10 Conspiracy in the fourth degree

 A person is guilty of conspiracy in the fourth degree when, with intent that conduct constituting:

 1. a class B or class C felony be performed, he agrees with one or more persons to engage in or cause the performance of such conduct;  or

 2. a felony be performed, he, being over eighteen years of age, agrees with one or more persons under sixteen years of age to engage in or cause the performance of such conduct.

 Conspiracy in the fourth degree is a class E felony.
 

Section 105.13 Conspiracy in the third degree

 A person is guilty of conspiracy in the third degree when, with intent that conduct constituting a class B or a class C felony be performed, he, being over eighteen years of age, agrees with one or more persons under sixteen years of age to engage in or cause the performance of such conduct.

 Conspiracy in the third degree is a class D felony.
 

Section 105.15 Conspiracy in the second degree

 A person is guilty of conspiracy in the second degree when, with intent that conduct constituting a class A felony be performed, he agrees with one or more persons to engage in or cause the performance of such conduct.

 Conspiracy in the second degree is a class B felony.
 

Section 105.17 Conspiracy in the first degree

 A person is guilty of conspiracy in the first degree when, with intent that conduct constituting a class A felony be performed, he, being over eighteen years of age, agrees with one or more persons under sixteen years of age to engage in or cause the performance of such conduct.

 Conspiracy in the first degree is a class A-I felony.
 

Section 105.20 Conspiracy;  pleading and proof;  necessity of overt act

 A person shall not be convicted of conspiracy unless an overt act is alleged and proved to have been committed by one of the conspirators in furtherance of the conspiracy.
 

Section 105.25 Conspiracy;  jurisdiction and venue

 1. A person may be prosecuted for conspiracy in the county in which he entered into such conspiracy or in any county in which an overt act in furtherance thereof was committed.

 2. An agreement made within this state to engage in or cause the performance of conduct in another jurisdiction is punishable herein as a conspiracy only when such conduct would constitute a crime both under the laws of this state if performed herein and under the laws of the other jurisdiction if performed therein.

 3. An agreement made in another jurisdiction to engage in or cause the performance of conduct within this state, which would constitute a crime herein, is punishable herein only when an overt act in furtherance of such conspiracy is committed within this state.  Under such circumstances, it is no defense to a prosecution for conspiracy that the conduct which is the objective of the conspiracy would not constitute a crime under the laws of the other jurisdiction if performed therein.
 

Section 105.30 Conspiracy;  no defense

 It is no defense to a prosecution for conspiracy that, owing to criminal irresponsibility or other legal incapacity or exemption, or to unawareness of the criminal nature of the agreement or the object conduct or of the defendant's criminal purpose or to other factors precluding the mental state required for the commission of conspiracy or the object crime, one or more of the defendant's co-conspirators could not be guilty of conspiracy or the object crime.
 

Section 105.35 Conspiracy;  enterprise corruption:  applicability

 For purposes of this article, conspiracy to commit the crime of enterprise corruption in violation of section 460.20 of this chapter shall not constitute an offense.
 

Article 110--Attempt

Section 110.00 Attempt to commit a crime

 A person is guilty of an attempt to commit a crime when, with intent to commit a crime, he engages in conduct which tends to effect the commission of such crime.
 

Section 110.05 Attempt to commit a crime;  punishment

 An attempt to commit a crime is a:

 1. Class A-I felony when the crime attempted is the A-I felony of murder in the first degree, criminal possession of a controlled substance in the first degree or criminal sale of a controlled substance in the first degree;

 2. Class A-II felony when the crime attempted is a class A-II felony;

 3. Class B felony when the crime attempted is a class A-I felony except as provided in subdivision one hereof;

 4. Class C felony when the crime attempted is a class B felony;

 5. Class D felony when the crime attempted is a class C felony;

 6. Class E felony when the crime attempted is a class D felony;

 7. Class A misdemeanor when the crime attempted is a class E felony;

 8. Class B misdemeanor when the crime attempted is a misdemeanor.
 

Section 110.10 Attempt to commit a crime;  no defense

 If the conduct in which a person engages otherwise constitutes an attempt to commit a crime pursuant to section 110.00, it is no defense to a prosecution for such attempt that the crime charged to have been attempted was, under the attendant circumstances, factually or legally impossible of commission, if such crime could have been committed had the attendant circumstances been as such person believed them to be.
 

Article 115--Criminal Facilitation

Section 115.00 Criminal facilitation in the fourth degree

 A person is guilty of criminal facilitation in the fourth degree when, believing it probable that he is rendering aid:

 1. to a person who intends to commit a crime, he engages in conduct which provides such person with means or opportunity for the commission thereof and which in fact aids such person to commit a felony;  or

 2. to a person under sixteen years of age who intends to engage in conduct which would constitute a crime, he, being over eighteen years of age, engages in conduct which provides such person with means or opportunity for the commission thereof and which in fact aids such person to commit a crime.

 Criminal facilitation in the fourth degree is a class A misdemeanor.
 

Section 115.01 Criminal facilitation in the third degree

 A person guilty of criminal facilitation in the third degree, when believing it probable that he is rendering aid to a person under sixteen years of age who intends to engage in conduct that would constitute a felony, he, being over eighteen years of age, engages in conduct which provides such person with means or opportunity for the commission thereof and which in fact aids such person to commit a felony.

 Criminal facilitation in the third degree is a class E felony.
 

Section 115.05 Criminal facilitation in the second degree

 A person is guilty of criminal facilitation in the second degree when, believing it probable that he is rendering aid to a person who intends to commit a class A felony, he engages in conduct which provides such person with means or opportunity for the commission thereof and which in fact aids such person to commit such class A felony.

 Criminal facilitation in the second degree is a class C felony.
 

Section 115.08 Criminal facilitation in the first degree

 A person is guilty of criminal facilitation in the first degree when, believing it probable that he is rendering aid to a person under sixteen years of age who intends to engage in conduct that would constitute a class A felony, he, being over eighteen years of age, engages in conduct which provides such person with means or opportunity for the commission thereof and which in fact aids such person to commit such a class A felony.

 Criminal facilitation in the first degree is a class B felony.
 

Section 115.10 Criminal facilitation;  no defense

 It is no defense to a prosecution for criminal facilitation that:

 1. The person facilitated was not guilty of the underlying felony owing to criminal irresponsibility or other legal incapacity or exemption, or to unawareness of the criminal nature of the conduct in question or to other factors precluding the mental state required for the commission of such felony;  or

 2. The person facilitated has not been prosecuted for or convicted of the underlying felony, or has previously been acquitted thereof;  or

 3. The defendant himself is not guilty of the felony which he facilitated because he did not act with the intent or other culpable mental state required for the commission thereof.
 

Section 115.15 Criminal facilitation;  corroboration

 A person shall not be convicted of criminal facilitation upon the testimony of a person who has committed the felony charged to have been facilitated unless such testimony be corroborated by such other evidence as tends to connect the defendant with such facilitation.