Ny Crim - Offenses Against The Habitation

Front 1

Third Degree Burglary

Back 1

1. KNOWINGLY entering or remaining unlawfully;
2. In a BUILDING; AND
3. With the intent to commit ANY CRIME therein.

Front 2

Second Degree Burglary

(Qualifies for First Degree Murder)

Back 2

Building is a DWELLING;
The Defendant INJURED A NONPARTICIPANT; or
The defendant WAS ARMED

Nonparticipant may be injured in the commission or in the FLIGHT.

Front 3

First Degree Burglary

Back 3

D commits burglary in a DWELLING (including vehicles); AND

1. Injures a nonparticipant
2. The defendant is ARMED

Front 4

Burglary Affirmative Defense

Back 4

If D's being armed is part of the charge, there is an affirmative defense that:

1. Instrument was NOT LOADED; OR
2. NOT A WEAPON

Front 5

Fourth Degree Arson
(Qualifies for First Degree Murder)

Back 5

RECKLESSLY damaging a building or motor vehicle,
2. By INTENTIONALLY starting a fire or causing an explosion.

Affirmative Defense:
D has sole possessory interest in property.

Front 6

Third Degree Arson
(Qualifies First Degree Murder)

Back 6

INTENTIONALLY damaging a building or motor vehicle,
2. By INTENTIONALLY starting a fire or causing an explosion.

Affirmative Defense:
1. ALL PERSONS with possessory or proprietary interests in the property CONSENTED
2. The Defendan't INTENT was to cause damage for a LAWFUL PURPOSE; AND
3. The defendant had NO REASONABLE GROUND TO FEAR FOR THE SAFETY of another person or to fear damage to another building or motor vehicle.

Front 7

Second Degree Arson
(Qualifies First Degree Murder)

Back 7

1. INTENTIONALLY damaging a building or motor vehicle,
2. By INTENTIONALLY starting a fire,
3. with knowledge that NONPARTICIPANT IS PRESENT in the buildingor motor vehicle AND circumstances are such that person's presence is a REASONABLE POSSIBILITY.

The nonparticipant NEED NOT BE INJURED.

Front 8

First Degree Arson
(Qualifies First Degree Murder)

Back 8

Defendant causes explosion by incendiary or explosive device.

Front 9

Second Degree Criminal Trespass

Back 9

Knowingly enters or remains in a dwelling.