Other Crimes
Disorderly Conduct
As in many states, in New York, disorderly conduct is considered a violation. Disorderly conduct prohibits various behaviors that intentionally cause annoyance or disruption in a public setting.
A person commits the violation of disorderly conduct by
- Engaging in a fight or other violent or threatening conduct
- Making an unreasonable amount of noise that is disruptive to others
- Using obscene or abusive language or gestures in public
- Disturbing a lawful assembly or meeting
- Purposefully blocking the flow of traffic
- Congregating in public and refusing a police officer’s order to disperse
- Creating an offensive or hazardous condition
Disorderly conduct is a violation. Violations do not result in criminal records but are punishable by up to 15 days in jail and a fine. If you have been charged with this violation, contacting a criminal defense attorney is critical to avoid a potential jail sentence.
Gambling Offenses
In the state of New York, all gambling activities are illegal except for those permitted by law. These include small games of dice on the corner, shell games in Times Square, and poker in the basement with friends.
Promoting Gambling in the First Degree
A person commits the offense of promoting gambling in the first degree if they engage in bookmaking or take five bets for the value of $5000 or more. This statute identifies several different types of gambling offenses such as: acquiring paraphernalia for gambling, soliciting people to participate in gambling, or participating in any phase of a gambling operation. Participating means that the defendant must do more than being in the gambling establishment.
Promoting gambling in the first degree is a class E felony.
Promoting Gambling in the Second Degree
A person is guilty of promoting gambling in the second degree when he knowingly advances or profits from unlawful gambling activity.
Promoting gambling in the second degree is a class A misdemeanor.
Obscenity
Obscenity is the explicit depiction of sexual activity in a manner that is without artistic value, and that would offend a reasonable person applying contemporary community standards. Individuals may find themselves charged with Obscenity if they produce or distribute obscene materials.
There are several degrees of Obscenity with which you may be charged. The charges that a prosecutor may bring will vary depending on any prior convictions for Obscenity and the scope of the audience to which you attempt to distribute materials.
Obscenity in the Third Degree
A person is guilty of obscenity in the third degree when, knowing its content and character, he:
- Promotes, or possesses with intent to promote, any obscene material; or
- Produces, presents, or directs an obscene performance or participates in a portion thereof which is obscene, or which contributes to its obscenity.
Obscenity in the third degree is a class A misdemeanor.
Obscenity in the Second Degree
A person is guilty of obscenity in the second degree when he commits the crime of obscenity in the third degree as defined in subdivisions one and two of section 235.05 of this chapter and has been previously convicted of obscenity in the third degree. Obscenity in the second degree is a class E felony.
Obscenity in the First Degree
A person is guilty of obscenity in the first degree when, knowing its content and character, he wholesale promotes or possesses with intent to wholesale promote, any obscene material. Obscenity in the first degree is a class D felony.
Perjury
Those accused of perjury should know it is a serious crime that sometimes involves jail time. Prosecutors do not take perjury cases lightly, even though it is a non-violent offense, so contacting an experienced criminal defense attorney as soon as possible is of the utmost importance. Perjury charges are brought against individuals who knowingly lied to police or prosecutors to protect themselves, another individual, or an accomplice or attempt to contribute to a wrongful conviction or miscarriage of justice.
Perjury in the First Degree
A person is guilty of perjury in the first degree when he swears falsely and when his false statement
- consists of testimony
- is material to the action, proceeding or matter in which it is made.
Perjury in the first degree is a class D felony.
Perjury in the Second Degree
- A person is guilty of perjury in the second degree when he swears falsely and when his false statement is made in a subscribed written instrument for which an oath is required by law
- made with intent to mislead a public servant in the performance of his official functions
- material to the action, proceeding, or matter involved.
Perjury in the second degree is a class E felony.
Perjury in the Third Degree
A person is guilty of perjury in the third degree when he swears falsely.
Perjury in the third degree is a class A misdemeanor.
Possession or Sale of a Firearm or Weapon
In order to obtain a gun, an individual must go through the proper process; in New York State, a person must go through thorough background checks and obtain a permit that allows them to purchase and/or carry a handgun. If a person is found in possession of a gun without a permit, they may face harsh criminal charges.
Criminal Possession of a Weapon in the First Degree
A person is guilty of criminal possession of a weapon in the first degree when such person:
- possesses any explosive substance with intent to use the same unlawfully against the person or property of another; or
- possesses ten or more firearms.
Criminal possession of a weapon in the first degree is a class B felony.
Criminal Possession of a Weapon in the Second Degree
A person is guilty of criminal possession of a weapon in the second degree when:
- With intent to use the same unlawfully against another, such person:
(a)possesses a machine-gun; or
(b) possesses a loaded firearm; or
(c) possesses a disguised gun; or - Such person possesses five or more firearms; or
- Such person possesses any loaded firearm. Such possession shall not, except as provided in subdivision one or seven of section 265.02 of this article, constitute a violation of this subdivision if such possession takes place in such person’s home or place of business.
Criminal possession of a weapon in the second degree is a class C felony.
Criminal Possession of a Weapon in the Third Degree
A person is guilty of criminal possession of a weapon in the third degree when:
- Such person commits the crime of criminal possession of a weapon in the fourth degree as defined in subdivision one, two, three or five of section 265.01, and has been previously convicted of any crime; or
- Such person possesses any explosive or incendiary bomb, bombshell, firearm silencer, machine-gun or any other firearm or weapon simulating a machine-gun, and which is adaptable for such use; or
- Such person knowingly possesses a machine-gun, firearm, rifle, or shotgun which has been defaced for the purpose of concealment or prevention of the detection of a crime or misrepresenting the identity of such machine-gun, firearm, rifle or shotgun; or
- Such person possesses three or more firearms, or (ii) such person possesses a firearm and has been previously convicted of a felony or a class A misdemeanor defined in this chapter within the five years immediately preceding the commission of the offense and such possession did not take place in the person’s home or place of business; or
- Such person knowingly possesses any disguised gun; or
- Such person possesses an assault weapon; or
- Such person possesses a large capacity ammunition feeding device.
Criminal possession of a weapon in the third degree is a class D felony.
Criminal Possession of a Weapon in the Fourth Degree
A person is guilty of criminal possession of a weapon in the fourth degree when:
- He or she possesses any firearm, electronic dart gun, electronic stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, chuka stick, sandbag, sand club, wrist-brace type slingshot or slungshot, shirken or “Kung Fu star”; or
- He possesses any dagger, dangerous knife, dirk, razor, stiletto, imitation pistol, or any other dangerous or deadly instrument or weapon with intent to use the same unlawfully against another; or
- He or she knowingly has in his or her possession a rifle, shotgun, or firearm in or upon a building or grounds, used for educational purposes, of any school, college, or university, except the forestry lands, wherever located, owned, and maintained by the State University of New York college of environmental science and forestry, or upon a school bus as defined in section one hundred forty-two of the vehicle and traffic law, without the written authorization of such educational institution; or
- He possesses a rifle or shotgun and has been convicted of a felony or serious offense; or
- He possesses any dangerous or deadly weapon and is not a citizen of the United States; or
- He is a person who has been certified not suitable to possess a rifle or shotgun, as defined in subdivision sixteen of section 265.00 and refuses to yield possession of such rifle or shotgun upon the demand of a police officer. Whenever a person is certified not suitable to possess a rifle or shotgun, a member of the police department to which such certification is made, or of the state police, shall forthwith seize any rifle or shotgun possessed by such person. A rifle or shotgun seized as herein provided shall not be destroyed but shall be delivered to the headquarters of such police department, or state police, and there retained until the aforesaid certificate has been rescinded by the director or physician in charge, or other disposition of such rifle or shotgun has been ordered or authorized by a court of competent jurisdiction.
- He knowingly possesses a bullet containing an explosive substance designed to detonate upon impact.
- He possesses any armor-piercing ammunition with intent to use the same unlawfully against another.
Criminal possession of a weapon in the fourth degree is a class A misdemeanor.
Criminal Sale of a Firearm in the Third Degree
A person is guilty of criminal sale of a firearm in the third degree when such person is not authorized pursuant to law to possess a firearm and such person unlawfully either:
- sells, exchanges, gives, or disposes of a firearm or large capacity ammunition feeding device to another person; or
- possesses a firearm with the intent to sell it.
Criminal sale of a firearm in the third degree is a class D felony.
Criminal Sale of a Firearm in the Second Degree
A person is guilty of criminal sale of a firearm in the second degree when such person:
- unlawfully sells, exchanges gives, or disposes of to another five or more firearms; or
- unlawfully sells, exchanges gives, or disposes of to another person or persons a total of five or more firearms in a period of not more than one year.
Criminal sale of a firearm in the second degree is a class C felony.
Criminal Sale of a Firearm in the First Degree
A person is guilty of criminal sale of a firearm in the first degree when such person:
- unlawfully sells, exchanges gives, or disposes of to another ten or more firearms; or
- unlawfully sells, exchanges gives, or disposes of to another person or persons a total of ten or more firearms in a period of not more than one year.
Criminal sale of a firearm in the first degree is a class B felony.
Prostitution
A person is guilty of prostitution if they engage, agree, or offer to engage in sexual conduct with another person in return for a fee. Prostitution offenses are written so that both the buyer and seller of sex can be equally charged based on the agreement of the transaction.
Patronizing a Prostitute in the Third Degree
A person is guilty of patronizing a prostitute in the third degree when he or she patronizes a prostitute.
Patronizing a prostitute in the third degree is a class A misdemeanor.
Patronizing a Prostitute in the Second Degree
A person is guilty of patronizing a prostitute in the second degree when, being over eighteen years of age, he patronizes a prostitute and the person patronized is less than fourteen years of age.
Patronizing a prostitute in the second degree is a class E felony.
Patronizing a Prostitute in the First Degree
A person is guilty of patronizing a prostitute in the first degree when he patronizes a prostitute and the person patronized is less than eleven years of age.
Patronizing a prostitute in the first degree is a class D felony.
