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12 Cards in this Set

  • Front
  • Back
Criminally negligent homicide
A person is guilty of criminally negligent homicide when, with criminal negligence, he causes the death of another person.

Criminally negligent homicide is a class E felony.
Vehicular manslaughter in the second degree
A person is guilty of vehicular manslaughter in the second degree when he:

(1) commits the crime of criminally negligent homicide as defined in section 125.10, and either

(2) causes the death of such other person by operation of a vehicle in violation of subdivision 2,3, 0r 4 of section 1192 of the vehicle and traffic law

(3) Motor vehicle with a gross vehicle weight rating of more than 18,000 pounds and is in violation of 1192.

Vehicular manslaughter in the second degree is a class D felony.
Vehicular manslaughter in the first degree
A person is guilty of vehicular manslaughter in the first degree when he:

(1) commits the crime of vehicular manslaughter in the second degree as defined in section 125.12, and

(2) commits such crime while knowing or having reason to know that: (a) his license to operate a motor vehicle is suspended or revoked(including another state) based upon a conviction of 1192, or refusal to submit to a chemical test.

Vehicular manslaughter in the first degree is a class C felony.
Manslaughter in the second degree
A person is guilty of manslaughter in the second degree when:

1. He recklessly causes the death of another person; or

2. He commits upon a female an abortional act which causes her death,

3. He intentionally causes or aids another person to commit suicide.

Manslaughter in the second degree is a class C felony.
Manslaughter in the first degree
A person is guilty of manslaughter in the first degree when:

1. With intent to cause serious physical injury to another person, he causes the death of such person or of a third person; or

2. With intent to cause the death of another person, he causes the death of such person or of a third person under circumstances which do not constitute murder because he acts under the influence of extreme emotional disturbance,

3. He commits upon a female pregnant for more than 24 weeks an abortional act which causes her death,

4. Being 18 years old or more and with intent to cause physical injury to a person 10 years old or less, the defendant recklessly engages in conduct which creates a grave risk of serious physical injury to such person and thereby causes the death of such person.

Manslaughter in the first degree is a class B felony.
Murder in the second degree
A person is guilty of murder in the second degree when:

1. With intent to cause the death of another person, he causes the death of such person or of a third person, except:

(a) The defendant acted under the influence of extreme emotional disturbance

(b) The defendant's conduct consisted of causing or aiding, without the use of duress or deception, another person to commit suicide.

2. Under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes the death of another person

3. In the course of and in furtherance of such crime or of immediate flight therefrom, causes the death of a person other than one of the participants ina Robbery, burglary, kidnapping, arson, rape 1, sex abuse 1, agg. sex abuse or escape 1 and 2.

4. Under circumstances evincing a depraved indifference to human life, and being 18 old or more the defendant recklessly engages in conduct which creates a grave risk of serious physical injury or death to another person 10 years old or less and thereby causes the death of such person.

5. 18 years old, while committing rape 1/2/3, C.S.A. 1/2/3, sex abuse 1,
agg. sex abuse 1/2/3/4 against a person 13 years old or less and intentionally causes there death.

Murder in the second degree is a class A-I felony.
Murder in the first degree
A person is guilty of murder in the first degree when:

With intent to cause the death of another person, he causes the death of such person or of a third person.

Either:

1. The intended victim was a police officer.

2. The intended victim was a peace officer.

3. The intended victim was an employee of a state correctional institution.

4. The intended victim was a witness/family member to a crime.

5. The intended victim was a judge.

6. Convicted of murder 1/2.

7. Cruel and tortured victim.

8. During crime intents SPI or death to additional person and causes death.

9. Serving life sentence.

10. Agreement for gain.

11. Victim is killed in futherance of robbery, burglary 1/2, arson 1/2, escape 1, rape/sex abuse/agg. sex abuse 1, murder 2.

12. Terrorism

13. Intentionally killed 2 or more w/in 24 months in similar way.
Abortion in the second degree
A person is guilty of abortion in the second degree when he commits an abortional act upon a female (doesn't have to be pregnant)

Abortion in the second degree is a class E felony
Abortion in the first degree
A person is guilty of abortion in the first degree when he commits upon a female pregnant for more than 24 weeks an abortional act which causes the miscarriage of such female.

Abortion in the first degree is a class D felony.
Self-abortion in the second degree
A female is guilty of self-abortion in the second degree when, being pregnant, she commits or submits to an abortional act upon herself.

Self-abortion in the second degree is a class B misdemeanor.
Self-abortion in the first degree
A female is guilty of self-abortion in the first degree when, being pregnant for more than 24 weeks, she commits or submits to an abortional act upon herself which causes her miscarriage.

Self-abortion in the first degree is a class A misdemeanor.
Issuing abortional articles
A person is guilty of issuing abortional articles when he manufactures, sells or delivers any instrument, article, medicine, drug or substance with intent that the same be used in unlawfully procuring the miscarriage of a female.

Issuing abortional articles is a class B misdemeanor.