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TERMS OF SERVICE
TERMS OF SERVICE
YOU AGREE TO THE FOLLOWING TERMS AS REQUIRED BY FEDERAL LAW WHICH STATES YOU AGREE NOT TO VIOLATE INTERSTAE COMMUNICATION LAW 875 WHICH STATES THE FOLLOWING LISTED BELOW.
a) Whoever transmits in interstate or foreign commerce any communication containing any demand or request for a ransom or reward for the release of any kidnapped person, shall be fined under this title or imprisoned not more than twenty years, or both.
(b) Whoever, with intent to extort from any person, firm, association, or corporation, any money or other thing of value, transmits in interstate or foreign commerce any communication containing any threat to kidnap any person or any threat to injure the person of another, shall be fined under this title or imprisoned not more than twenty years, or both.
(c) Whoever transmits in interstate or foreign commerce any communication containing any threat to kidnap any person or any threat to injure the person of another, shall be fined under this title or imprisoned not more than five years, or both.
(d) Whoever, with intent to extort from any person, firm, association, or corporation, any money or other thing of value, transmits in interstate or foreign commerce any communication containing any threat to injure the property or reputation of the addressee or of another or the reputation of a deceased person or any threat to accuse the addressee or any other person of a crime, shall be fined under this title or imprisoned not more than two years, or both.
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REQUARDING HATE CRIMES
Section 485.00 Legislative findings.
485.05 Hate crimes.
485.10 Sentencing.
S 485.00 Legislative findings.
The legislature finds and determines as follows: criminal acts
involving violence, intimidation and destruction of property based upon
bias and prejudice have become more prevalent in New York state in
recent years. The intolerable truth is that in these crimes, commonly
and justly referred to as "hate crimes", victims are intentionally
selected, in whole or in part, because of their race, color, national
origin, ancestry, gender, religion, religious practice, age, disability
or sexual orientation. Hate crimes do more than threaten the safety and
welfare of all citizens. They inflict on victims incalculable physical
and emotional damage and tear at the very fabric of free society. Crimes
motivated by invidious hatred toward particular groups not only harm
individual victims but send a powerful message of intolerance and
discrimination to all members of the group to which the victim belongs.
Hate crimes can and do intimidate and disrupt entire communities and
vitiate the civility that is essential to healthy democratic processes.
In a democratic society, citizens cannot be required to approve of the
beliefs and practices of others, but must never commit criminal acts on
account of them. Current law does not adequately recognize the harm to
public order and individual safety that hate crimes cause. Therefore,
our laws must be strengthened to provide clear recognition of the
gravity of hate crimes and the compelling importance of preventing their
recurrence.
Accordingly, the legislature finds and declares that hate crimes
should be prosecuted and punished with appropriate severity.
S 485.05 Hate crimes.
1. A person commits a hate crime when he or she commits a specified
offense and either:
(a) intentionally selects the person against whom the offense is
committed or intended to be committed in whole or in substantial part
because of a belief or perception regarding the race, color, national
origin, ancestry, gender, religion, religious practice, age, disability
or sexual orientation of a person, regardless of whether the belief or
perception is correct, or
(b) intentionally commits the act or acts constituting the offense in
whole or in substantial part because of a belief or perception regarding
the race, color, national origin, ancestry, gender, religion, religious
practice, age, disability or sexual orientation of a person, regardless
of whether the belief or perception is correct.
2. Proof of race, color, national origin, ancestry, gender, religion,
religious practice, age, disability or sexual orientation of the
defendant, the victim or of both the defendant and the victim does not,
by itself, constitute legally sufficient evidence satisfying the
people`s burden under paragraph (a) or (b) of subdivision one of this
section.
3. A "specified offense" is an offense defined by any of the following
provisions of this chapter: section 120.00 (assault in the third
degree); section 120.05 (assault in the second degree); section 120.10
(assault in the first degree); section 120.12 (aggravated assault upon a
person less than eleven years old); section 120.13 (menacing in the
first degree); section 120.14 (menacing in the second degree); section
120.15 (menacing in the third degree); section 120.20 (reckless
endangerment in the second degree); section 120.25 (reckless
endangerment in the first degree); subdivision one of section 125.15
(manslaughter in the second degree); subdivision one, two or four of
section 125.20 (manslaughter in the first degree); section 125.25
(murder in the second degree); section 120.45 (stalking in the fourth
degree); section 120.50 (stalking in the third degree); section 120.55
(stalking in the second degree); section 120.60 (stalking in the first
degree); subdivision one of section 130.35 (rape in the first degree);
subdivision one of section 130.50 (sodomy in the first degree);
subdivision one of section 130.65 (sexual abuse in the first degree);
paragraph (a) of subdivision one of section 130.67 (aggravated sexual
abuse in the second degree); paragraph (a) of subdivision one of section
130.70 (aggravated sexual abuse in the first degree); section 135.05
(unlawful imprisonment in the second degree); section 135.10 (unlawful
imprisonment in the first degree); section 135.20 (kidnapping in the
second degree); section 135.25 (kidnapping in the first degree); section
135.60 (coercion in the second degree); section 135.65 (coercion in the
first degree); section 140.10 (criminal trespass in the third degree);
section 140.15 (criminal trespass in the second degree); section 140.17
(criminal trespass in the first degree); section 140.20 (burglary in the
third degree); section 140.25 (burglary in the second degree); section
140.30 (burglary in the first degree); section 145.00 (criminal mischief
in the fourth degree); section 145.05 (criminal mischief in the third
degree); section 145.10 (criminal mischief in the second degree);
section 145.12 (criminal mischief in the first degree); section 150.05
(arson in the fourth degree); section 150.10 (arson in the third
degree); section 150.15 (arson in the second degree); section 150.20
(arson in the first degree); section 155.25 (petit larceny); section
155.30 (grand larceny in the fourth degree); section 155.35 (grand
larceny in the third degree); section 155.40 (grand larceny in the
second degree); section 155.42 (grand larceny in the first degree);
section 160.05 (robbery in the third degree); section 160.10 (robbery in
the second degree); section 160.15 (robbery in the first degree);
section 240.25 (harassment in the first degree); subdivision one, two or
four of section 240.30 (aggravated harassment in the second degree); or
any attempt or conspiracy to commit any of the foregoing offenses.
4. For purposes of this section:
(a) the term "age" means sixty years old or more;
(b) the term "disability" means a physical or mental impairment that
substantially limits a major life activity.
S 485.10 Sentencing.
1. When a person is convicted of a hate crime pursuant to this
article, and the specified offense is a violent felony offense, as
defined in section 70.02 of this chapter, the hate crime shall be deemed
a violent felony offense.
2. When a person is convicted of a hate crime pursuant to this article
and the specified offense is a misdemeanor or a class C, D or E felony,
the hate crime shall be deemed to be one category higher than the
specified offense the defendant committed, or one category higher than
the offense level applicable to the defendant`s conviction for an
attempt or conspiracy to commit a specified offense, whichever is
applicable.
3. Notwithstanding any other provision of law, when a person is
convicted of a hate crime pursuant to this article and the specified
offense is a class B felony:
(a) the maximum term of the indeterminate sentence must be at least
six years if the defendant is sentenced pursuant to section 70.00 of
this chapter;
(b) the term of the determinate sentence must be at least eight years
if the defendant is sentenced pursuant to section 70.02 of this chapter;
(c) the term of the determinate sentence must be at least twelve years
if the defendant is sentenced pursuant to section 70.04 of this chapter;
(d) the maximum term of the indeterminate sentence must be at least
four years if the defendant is sentenced pursuant to section 70.05 of
this chapter; and
(e) the maximum term of the indeterminate sentence or the term of the
determinate sentence must be at least ten years if the defendant is
sentenced pursuant to section 70.06 of this chapter.
4. Notwithstanding any other provision of law, when a person is
convicted of a hate crime pursuant to this article and the specified
offense is a class A-1 felony, the minimum period of the indeterminate
sentence shall be not less than twenty years.
TERRORISM
Section 490.00 Legislative findings.
490.01 Liability protection.
490.05 Definitions.
490.10 Soliciting or providing support for an act of terrorism
in the second degree.
490.15 Soliciting or providing support for an act of terrorism
in the first degree.
490.20 Making a terroristic threat.
490.25 Crime of terrorism.
490.30 Hindering prosecution of terrorism in the second degree.
490.35 Hindering prosecution of terrorism in the first degree.
490.37 Criminal possession of a chemical weapon or biological
weapon in the third degree.
490.40 Criminal possession of a chemical weapon or biological
weapon in the second degree.
490.45 Criminal possession of a chemical weapon or biological
weapon in the first degree.
490.47 Criminal use of a chemical weapon or biological weapon in third degree.
490.50 Criminal use of a chemical weapon or biological weapon in second degree.
490.55 Criminal use of a chemical weapon or biological weapon in first degree.
490.70 Limitations.
S 490.00 Legislative findings.
The devastating consequences of the recent barbaric attack on the
World Trade Center and the Pentagon underscore the compelling need for
legislation that is specifically designed to combat the evils of
terrorism. Indeed, the bombings of American embassies in Kenya and
Tanzania in 1998, the federal building in Oklahoma City in 1995, Pan Am
Flight number 103 in Lockerbie in 1988, the 1997 shooting atop the
Empire State Building, the 1994 murder of Ari Habersham on the Brooklyn
Bridge and the 1993 bombing of the World Trade Center, will forever
serve to remind us that terrorism is a serious and deadly problem that
disrupts public order and threatens individual safety both at home and
around the world. Terrorism is inconsistent with civilized society and
cannot be tolerated.
Although certain federal laws seek to curb the incidence of terrorism,
there are no corresponding state laws that facilitate the prosecution
and punishment of terrorists in state courts. Inexplicably, there is
also no criminal penalty in this state for a person who solicits or
raises funds for, or provides other material support or resources to,
those who commit or encourage the commission of horrific and cowardly
acts of terrorism. Nor do our criminal laws proscribe the making of
terrorist threats or punish with appropriate severity those who hinder
the prosecution of terrorists. Finally, our death penalty statute must
be strengthened so that the cold-blooded execution of an individual for
terrorist purposes is a capital offense.
A comprehensive state law is urgently needed to complement federal
laws in the fight against terrorism and to better protect all citizens
against terrorist acts. Accordingly, the legislature finds that our laws
must be strengthened to ensure that terrorists, as well as those who
solicit or provide financial and other support to terrorists, are
prosecuted and punished in state courts with appropriate severity.
S 490.01 Liability protection.
1. Any person who makes a qualified disclosure of suspicious behavior
shall be immune from civil and criminal liability for reporting such
behavior.
2. For purposes of this article, "qualified disclosure of suspicious
behavior" means any disclosure of allegedly suspicious behavior of
another individual or individuals to any person that is made in good
faith and with the reasonable belief that such suspicious behavior
constitutes, is indicative of, or is in furtherance of a crime or an act
of terrorism.
3. An action alleging that a statement or disclosure by a person of
any suspicious transaction, activity or occurrence indicating that an
individual may be engaging in or preparing to engage in suspicious
behavior which constitutes, is indicative of, or is in furtherance of, a
crime or an act of terrorism was not made in good faith and with the
reasonable belief that such suspicious behavior constitutes, is
indicative of, or is in furtherance of, a crime or an act of terrorism
must be pled with particularity pursuant to subdivision (b) of rule
three thousand sixteen of the civil practice law and rules.
S 490.05 Definitions.
As used in this article, the following terms shall mean and include:
1. "Act of terrorism":
(a) for purposes of this article means an act or acts constituting a
specified offense as defined in subdivision three of this section for
which a person may be convicted in the criminal courts of this state
pursuant to article twenty of the criminal procedure law, or an act or
acts constituting an offense in any other jurisdiction within or outside
the territorial boundaries of the United States which contains all of
the essential elements of a specified offense, that is intended to:
(i) intimidate or coerce a civilian population;
(ii) influence the policy of a unit of government by intimidation or
coercion; or
(iii) affect the conduct of a unit of government by murder,
assassination or kidnapping; or
(b) for purposes of subparagraph (xiii) of paragraph (a) of
subdivision one of section 125.27 of this chapter means activities that
involve a violent act or acts dangerous to human life that are in
violation of the criminal laws of this state and are intended to:
(i) intimidate or coerce a civilian population;
(ii) influence the policy of a unit of government by intimidation or
coercion; or
(iii) affect the conduct of a unit of government by murder,
assassination or kidnapping.
2. "Material support or resources" means currency or other financial
securities, financial services, lodging, training, safe houses, false
documentation or identification, communications equipment, facilities,
weapons, lethal substances, explosives, personnel, transportation, and
other physical assets, except medicine or religious materials.
3. "Specified offense" for purposes of this article means a class A
felony offense other than an offense as defined in article two hundred
twenty, a violent felony offense as defined in section 70.02,
manslaughter in the second degree as defined in section 125.15, criminal
tampering in the first degree as defined in section 145.20, identity
theft in the second degree as defined in section 190.79, identity theft
in the first degree as defined in section 190.80, unlawful possession of
personal identification information in the second degree as defined in
section 190.82, and unlawful possession of personal identification
information in the first degree as defined in section 190.83 of this
chapter, and includes an attempt or conspiracy to commit any such
offense.
4. "Renders criminal assistance" for purposes of sections 490.30 and
490.35 of this article shall have the same meaning as in section 205.50
of this chapter.
S 490.10 Soliciting or providing support for an act of terrorism in the
second degree.
A person commits soliciting or providing support for an act of
terrorism in the second degree when, with intent that material support
or resources will be used, in whole or in part, to plan, prepare, carry
out or aid in either an act of terrorism or the concealment of, or an
escape from, an act of terrorism, he or she raises, solicits, collects
or provides material support or resources.
Soliciting or providing support for an act of terrorism in the second degree
is a class D felony.
S 490.15 Soliciting or providing support for an act of terrorism in the
first degree.
A person commits soliciting or providing support for an act of
terrorism in the first degree when he or she commits the crime of
soliciting or providing support for an act of terrorism in the second
degree and the total value of material support or resources exceeds one
thousand dollars.
Soliciting or providing support for an act of terrorism in the first degree
is a class C felony.
S 490.20 Making a terroristic threat.
1. A person is guilty of making a terroristic threat when with intent
to intimidate or coerce a civilian population, influence the policy of a
unit of government by intimidation or coercion, or affect the conduct of
a unit of government by murder, assassination or kidnapping, he or she
threatens to commit or cause to be committed a specified offense and
thereby causes a reasonable expectation or fear of the imminent
commission of such offense.
2. It shall be no defense to a prosecution pursuant to this section
that the defendant did not have the intent or capability of committing
the specified offense or that the threat was not made to a person who
was a subject thereof.
Making a terroristic threat is a class D felony.
S 490.25 Crime of terrorism.
1. A person is guilty of a crime of terrorism when, with intent to
intimidate or coerce a civilian population, influence the policy of a
unit of government by intimidation or coercion, or affect the conduct of
a unit of government by murder, assassination or kidnapping, he or she
commits a specified offense.
2. Sentencing.
(a) When a person is convicted of a crime of terrorism pursuant to
this section, and the specified offense is a class B, C, D or E felony
offense, the crime of terrorism shall be deemed a violent felony
offense.
(b) When a person is convicted of a crime of terrorism pursuant to
this section, and the specified offense is a class C, D or E felony
offense, the crime of terrorism shall be deemed to be one category
higher than the specified offense the defendant committed, or one
category higher than the offense level applicable to the defendant`s
conviction for an attempt or conspiracy to commit the offense, whichever
is applicable.
(c) When a person is convicted of a crime of terrorism pursuant to
this section, and the specified offense is a class B felony offense, the
crime of terrorism shall be deemed a class A-I felony offense and the
sentence imposed upon conviction of such offense shall be in accordance
with section 70.00 of this chapter.
(d) Notwithstanding any other provision of law, when a person is
convicted of a crime of terrorism pursuant to this section, and the
specified offense is a class A-I felony offense, the sentence upon
conviction of such offense shall be life imprisonment without parole;
provided, however, that nothing herein shall preclude or prevent a
sentence of death when the specified offense is murder in the first
degree as defined in section 125.27 of this chapter.
S 490.30 Hindering prosecution of terrorism in the second degree.
A person is guilty of hindering prosecution of terrorism in the second
degree when he or she renders criminal assistance to a person who has
committed an act of terrorism, knowing or believing that such person
engaged in conduct constituting an act of terrorism.
Hindering prosecution of terrorism in the second degree is a class C felony.
S 490.35 Hindering prosecution of terrorism in the first degree.
A person is guilty of hindering prosecution of terrorism in the first
degree when he or she renders criminal assistance to a person who has
committed an act of terrorism that resulted in the death of a person
other than one of the participants, knowing or believing that such
person engaged in conduct constituting an act of terrorism.
Hindering prosecution of terrorism in the first degree is a class B felony.
S 490.37 Criminal possession of a chemical weapon or biological weapon
in the third degree.
A person is guilty of criminal possession of a chemical weapon or
biological weapon in the third degree when he or she possesses any
select chemical agent or select biological agent under circumstances
evincing an intent by the defendant to use such weapon to cause serious
physical injury or death to another person.
Criminal possession of a chemical weapon or biological weapon in
the third degree is a class C felony.
S 490.40 Criminal possession of a chemical weapon or biological weapon
in the second degree.
A person is guilty of criminal possession of a chemical weapon or
biological weapon in the second degree when he or she possesses any
chemical weapon or biological weapon with intent to use such weapon to:
1. (a) cause serious physical injury to, or the death of, another
person; and
(b) (i) intimidate or coerce a civilian population;
(ii) influence the policy of a unit of government by intimidation or
coercion; or
(iii) affect the conduct of a unit of government by murder,
assassination, or kidnapping.
2. cause serious physical injury to, or the death of, more than two
persons.
Criminal possession of a chemical weapon or biological weapon in the
second degree is a class B felony.
S 490.45 Criminal possession of a chemical weapon or biological weapon
in the first degree.
A person is guilty of criminal possession of a chemical weapon or
biological weapon in the first degree when he or she possesses:
1. any select chemical agent, with intent to use such agent to:
(a) cause serious physical injury to, or the death of, another person;
and
(b) (i) intimidate or coerce a civilian population;
(ii) influence the policy of a unit of government by intimidation or
coercion; or
(iii) affect the conduct of a unit of government by murder,
assassination, or kidnapping.
2. any select chemical agent, with intent to use such agent to cause
serious physical injury to, or the death of, more than two other
persons; or
3. any select biological agent, with intent to use such agent to cause
serious physical injury to, or the death of, another person.
Criminal possession of a chemical weapon or biological weapon in
the first degree is a class A-I felony.
S 490.47 Criminal use of a chemical weapon or biological weapon in the
third degree.
A person is guilty of criminal use of a chemical weapon or biological
weapon in the third degree when, under circumstances evincing a depraved
indifference to human life, he or she uses, deploys, releases, or causes
to be used, deployed, or released any select chemical agent or select
biological agent, and thereby creates a grave risk of death or serious
physical injury to another person not a participant in the crime.
Criminal use of a chemical weapon or biological weapon in the third
degree is a class B felony.
S 490.50 Criminal use of a chemical weapon or biological weapon in the
second degree.
A person is guilty of criminal use of a chemical weapon or biological
weapon in the second degree when he or she uses, deploys, releases, or
causes to be used, deployed, or released, any chemical weapon or
biological weapon, with intent to:
1. cause serious physical injury to, or the death of, another person;
and
2. (a) intimidate or coerce a civilian population;
(b) influence the policy of a unit of government by intimidation or
coercion; or
(c) to affect the conduct of a unit of government by murder,
assassination, or kidnapping.
Criminal use of a chemical weapon or biological weapon in the
second degree is a class A-II felony.
S 490.55 Criminal use of a chemical weapon or biological weapon in the
first degree.
A person is guilty of criminal use of a chemical weapon or biological
weapon in the first degree when:
1. with intent to:
(a) cause serious physical injury to, or the death of, another person;
and
(b) (i) intimidate or coerce a civilian population;
(ii) influence the policy of a unit of government by intimidation or
coercion; or
(iii) affect the conduct of a unit of government by murder,
assassination, or kidnapping;
he or she uses, deploys, releases, or causes to be used, deployed, or
released any select chemical agent and thereby causes serious physical
injury to, or the death of, another person who is not a participant in
the crime.
2. with intent to cause serious physical injury to, or the death of,
more than two persons, he or she uses, deploys, releases, or causes to
be used, deployed, or released any select chemical agent and thereby
causes serious physical injury to, or the death of, more than two
persons who are not participants in the crime; or
3. with intent to cause serious physical injury to, or the death of,
another person, he or she uses, deploys, releases, or causes to be used,
deployed, or released any select biological agent and thereby causes
serious physical injury to, or the death of, another person who is not a
participant in the crime.
Criminal use of a chemical weapon or biological weapon in the
first degree is a class A-I felony.
S 490.70 Limitations.
1. The provisions of sections 490.37, 490.40, 490.45, 490.47, 490.50,
and 490.55 of this article shall not apply where the defendant possessed
or used:
(a) any household product generally available for sale to consumers in
this state in the quantity and concentration available for such sale;
(b) a self-defense spray device in accordance with the provisions of
paragraph fourteen of subdivision a of section 265.20 of this chapter;
(c) a chemical weapon solely for a purpose not prohibited under this
chapter, as long as the type and quantity is consistent with such a
purpose; or
(d) a biological agent, toxin, or delivery system solely for
prophylactic, protective, bona fide research, or other peaceful
purposes.
2. For the purposes of this section, the phrase "purposes not
prohibited by this chapter" means the following:
(a) any peaceful purpose related to an industrial, agricultural,
research, medical, or pharmaceutical activity or other peaceful
activity;
(b) any purpose directly related to protection against toxic chemicals
and to protection against chemical weapons;
(c) any military purpose of the United States that is not connected
with the use of a chemical weapon or that is not dependent on the use of
the toxic or poisonous properties of the chemical weapon to cause death
or other harm; and
(d) any law enforcement purpose, including any domestic riot control
purpose and including imposition of capital punishment.
ARTICLE 260--OFFENSES RELATING TO CHILDREN AND INCOMPETENTS
HIS PART IS FOR ALL YOU PERVERTS WHO THINK YOUR GONNA POST CHILD PORN WEB SITE GUESS WHAT UNDER THE NYS LAW YOU CAN BE ARRESTED WHERE YOU ARE BUT YOU ARE EXTRADITED TO NEWYORK TO FACE THE CHARGES OK.JUST ADVISING YOU NOW.WHICH MEANS IF YOU POST A CHILD PORN WEB SITE WE WILL BE CONTACTING NEWYORK STATE POLICE NOT OUR LOCAL POLICE AND PROVIDE THEM WITH ALL OF THE DOCUMENTS OF YOUR WEB POSTING ON OUR FORUM OR BLOG PAGE.
Section 260.00 Abandonment of a child
A person is guilty of abandonment of a child when, being a parent, guardian or other person legally charged with the care or custody of a child less than fourteen years old, he deserts such child in any place with intent to wholly abandon it.
Abandonment of a child is a class E felony.
Section 260.03 Abandonment of a child; defense.
In any prosecution for abandonment of a child, pursuant to section 260.00 of this article, based upon an alleged desertion of a child not more than five days old with an intent to wholly abandon such child, it is an affirmative defense that, with the intent that the child be safe from physical injury and cared for in an appropriate manner, the defendant left the child with an appropriate person or in a suitable location and promptly notified an appropriate person of the child's location.
Section 260.05 Non-support of a child in the second degree
A person is guilty of non-support of a child when, being a parent, guardian or other person legally charged with the care or custody of a child less than sixteen years old, he fails or refuses without lawful excuse to provide support for such child when he is able to do so, or becomes unable to do so, when, though employable, he voluntarily terminates his employment, voluntarily reduces his earning capacity or fails to diligently seek employment.
Non-support of a child in the second degree is a class A misdemeanor.
Section 260.06 Non-support of a child in the first degree
A person is guilty of non-support of a child in the first degree when:
1. being a parent, guardian or other person legally charged with the care or custody of a child less than sixteen years old, he or she fails or refuses without lawful excuse to provide support for such child when he or she is able to do so; and
2. he or she has previously been convicted in the preceding five years of the crime defined in section 260.05 of this article.
Non-support of a child in the first degree is a class E felony.
Section 260.10 Endangering the welfare of a child
A person is guilty of endangering the welfare of a child when:
1. He knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of a child less than seventeen years old or directs or authorizes such child to engage in an occupation involving a substantial risk of danger to his life or health; or
2. Being a parent, guardian or other person legally charged with the care or custody of a child less than eighteen years old, he fails or refuses to exercise reasonable diligence in the control of such child to prevent him from becoming an "abused child," a "neglected child," a "juvenile delinquent" or a "person in need of supervision," as those terms are defined in articles ten, three and seven of the family court act.
Endangering the welfare of a child is a class A misdemeanor.
Section 260.11 Endangering the welfare of a child; corroboration
A person shall not be convicted of endangering the welfare of a child, or of an attempt to commit the same, upon the testimony of a victim who is incapable of consent because of mental defect or mental incapacity as to conduct that constitutes an offense or an attempt to commit an offense referred to in section 130.16, without additional evidence sufficient pursuant to section 130.16 to sustain a conviction of an offense referred to in section 130.16, or of an attempt to commit the same.
Section 260.15 Endangering the welfare of a child; defense.
In any prosecution for endangering the welfare of a child, pursuant to section 260.10:
1. based upon an alleged failure or refusal to provide proper medical care or treatment to an ill child, it is an affirmative defense that the defendant (a) is a parent, guardian or other person legally charged with the care or custody of such child; and (b) is a member or adherent of an organized church or religious group the tenets of which prescribe prayer as the principal treatment for illness; and (c) treated or caused such ill child to be treated in accordance with such tenets; or
2. based upon an alleged desertion of a child not more than five days old, it is an affirmative defense that, with the intent that the child be safe from physical injury and cared for in an appropriate manner, the defendant left the child with an appropriate person or in a suitable location and promptly notified an appropriate person of the child's location..
Section 260.20 Unlawfully dealing with a child in the first degree
A person is guilty of unlawfully dealing with a child in the first degree when:
1. He knowingly permits a child less than eighteen years old to enter or remain in or upon a place, premises or establishment where sexual activity as defined by article one hundred thirty, two hundred thirty or two hundred sixty- three of this chapter or activity involving controlled substances as defined by article two hundred twenty of this chapter or involving marihuana as defined by article two hundred twenty-one of this chapter is maintained or conducted, and he knows or has reason to know that such activity is being maintained or conducted; or
2. He gives or sells or causes to be given or sold any alcoholic beverage, as defined by section three of the alcoholic beverage control law, to a person less than twenty-one years old; except that this subdivision does not apply to the parent or guardian of such a person or to a person who gives or causes to be given any such alcoholic beverage to a person under the age of twenty-one years, who is a student in a curriculum licensed or registered by the state education department, where the tasting or imbibing of alcoholic beverages is required in courses that are part of the required curriculum, provided such alcoholic beverages are given only for instructional purposes during classes conducted pursuant to such curriculum.
It is no defense to a prosecution pursuant to subdivision two of this section that the child acted as the agent or representative of another person or that the defendant dealt with the child as such.
Unlawfully dealing with a child in the first degree is a class A misdemeanor.
Section 260.21 Unlawfully dealing with a child in the second degree
A person is guilty of unlawfully dealing with a child in the second degree when:
1. Being an owner, lessee, manager or employee of a place where alcoholic beverages are sold or given away, he permits a child less than sixteen years old to enter or remain in such place unless:
(a) The child is accompanied by his parent, guardian or an adult authorized by a parent or guardian; or
(b) The entertainment or activity is being conducted for the benefit or under the auspices of a non-profit school, church or other educational or religious institution; or
(c) Otherwise permitted by law to do so; or
(d) The establishment is closed to the public for a specified period of time to conduct an activity or entertainment, during which the child is in or remains in such establishment, and no alcoholic beverages are sold, served, given away or consumed at such establishment during such period. The state liquor authority shall be notified in writing by the licensee of such establishment, of the intended closing of such establishment, to conduct any such activity or entertainment, not less than ten days prior to any such closing; or
2. He marks the body of a child less than eighteen years old with indelible ink or pigments by means of tattooing; or
3. He sells or causes to be sold tobacco in any form to a child less than eighteen years old.
It is no defense to a prosecution pursuant to subdivision three of this section that the child acted as the agent or representative of another person or that the defendant dealt with the child as such.
Unlawfully dealing with a child in the second degree is a class B misdemeanor.
Section 260.25 Endangering the welfare of an incompetent person
A person is guilty of endangering the welfare of an incompetent person when he knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of a person who is unable to care for himself because of mental disease or defect.
Endangering the welfare of an incompetent person is a class A misdemeanor.
Section 260.30 Misrepresentation by a child day care provider
A person is guilty of misrepresentation by a child day care provider when, being a child day acre provider or holding himself or herself out as such, he or she makes any willful and intentional misrepresentation, by act or omission, to a parent or guardian of a child in the care of such provider (or a child whose prospective placement in such care is being considered by such parent or guardian) to any state or local official having jurisdiction over child day care providers, or to any police officer or peace officer as to the facts pertaining to such child day care provider, including, but not limited to: (i) the number of children in the facility or home where such number is in violation of the provisions in section three hundred ninety of the social services law, (ii) the area of the facility, home, or center used for child day care, or (iii) the credentials or qualifications of any child day care provider, assistant, employee, or volunteer. A misrepresentation subject to the provisions of this section must substantially place at risk the health and safety of a child in the care of a child day care provider.
Misrepresentation by a child day care provider is a class A misdemeanor.
Section 260.32 Endangering the welfare of a vulnerable elderly person in the second degree.
A person is guilty of endangering the welfare of a vulnerable elderly person in the second degree when, being a caregiver for a vulnerable elderly person:
1. With intent to cause physical injury to such person, he or she causes such injury to such person; or
2. He or she recklessly causes physical injury to such person; or
3. With criminal negligence, he or she causes physical injury to such person by means of a deadly weapon or a dangerous instrument; or
4. He or she subjects such person to sexual contact without the latter's consent. Lack of consent under this subdivision results form forcible compulsion or incapacity to consent, as those terms are defined in article one hundred thirty of this chapter, or any other circumstances in which the vulnerable elderly person does not expressly or impliedly acquiesce in the caregiver's conduct. In any prosecution under this subdivision in which the victim's alleged lack of consent results solely from incapacity to consent because of the victim's mental disability or mental incapacity, the provisions of section 130.16 of this chapter shall apply. In addition, in any prosecution under this subdivision in which the victim's lack of consent is based solely upon his or her incapacity to consent because he or she was mentally disabled, mentally incapacitated or physically helpless, it is an affirmative defense that the defendant, at the time he or she engaged in the conduct constituting the offense, did not know of the facts or conditions responsible for such incapacity to consent.
Endangering the welfare of a vulnerable elderly person in the second degree is a class E felony.
ARTICLE 263--SEXUAL PERFORMANCE BY A CHILD
Section 263.00 Definitions.
As used in this article the following definitions shall apply:
1. "Sexual performance" means any performance or part thereof which, for purposes of section 263.16 of this article, includes sexual conduct by a child less than sixteen years of age or, for purposes of section 263.05 or 263.15 of this article, includes sexual conduct by a child less than seventeen years of age.
2. "Obscene sexual performance" means any performance which, for purposes of section 263.11 of this article, includes sexual conduct by a child less than sixteen years of age or, for purposes of section 263.10 of this article, includes sexual conduct by a child less than seventeen years of age, in any material which is obscene, as such term is defined in section 235.00 of this chapter.
3. "Sexual conduct" means actual or simulated sexual intercourse, oral sexual conduct, anal sexual conduct, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals.
4. "Performance" means any play, motion picture, photograph or dance. Performance also means any other visual representation exhibited before an audience.
5. "Promote" means to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmute, publish, distribute, circulate, disseminate, present, exhibit or advertise, or to offer or agree to do the same.
6. "Simulated" means the explicit depiction of any of the conduct set forth in subdivision three of this section which creates the appearance of such conduct and which exhibits any uncovered portion of the breasts, genitals or buttocks.
7. "Deviate sexual intercourse" means the conduct defined by subdivision two of section 130.00 of this chapter.
8. "Sado-masochistic abuse" means the conduct defined in subdivision five of section 235.20 of this chapter.
Section 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 employs, authorizes or induces a child less than seventeen 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.
Section 263.10 Promoting an obscene sexual performance by a child.
A person is guilty of promoting an obscene sexual performance by a child when, knowing the character and content thereof, he produces, directs or promotes any obscene performance which includes sexual conduct by a child less than seventeen years of age.
Promoting an obscene sexual performance by a child is a class D felony.
Section 263.11 Possessing an obscene sexual performance by a child.
A person is guilty of possessing an obscene sexual performance by a child when, knowing the character and content thereof, he knowingly has in his possession or control any obscene performance which includes sexual conduct by a child less than sixteen years of age.
Possessing an obscene sexual performance by a child is a class E felony.
Section 263.15 Promoting a sexual performance by a child.
A person is guilty of promoting a sexual performance by a child when, knowing the character and content thereof, he 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.
Section 263.16 Possessing a sexual performance by a child.
A person is guilty of possessing a sexual performance by a child when, knowing the character and content thereof, he knowingly has in his possession or control any performance which includes sexual conduct by a child less than sixteen years of age.
Possessing a sexual performance by a child is a class E felony.
Section 263.20 Sexual performance by a child; affirmative defenses.
1. Under this article, it shall be an affirmative defense that the defendant in good faith reasonably believed the person appearing in the performance was, for purposes of section 263.11 or 263.16 of this article, sixteen years of age or over or, for purposes of section 263.05, 263.10 or 263.15 of this article, seventeen years of age or over.
2. In any prosecution for any offense pursuant to this article, it is an affirmative defense that the person so charged was a librarian engaged in the normal course of his employment, a motion picture projectionist, stage employee or spotlight operator, cashier, doorman, usher, candy stand attendant, porter or in any other non-managerial or non-supervisory capacity in a motion picture theatre; provided he has no financial interest, other than his employment, which employment does not encompass compensation based upon any proportion of the gross receipts, in the promotion of a sexual performance for sale, rental or exhibition or in the promotion, presentation or direction of any sexual performance, or is in any way responsible for acquiring such material for sale, rental or exhibition.
Section 263.25 Proof of age of child.
Whenever it becomes necessary for the purposes of this article to determine whether a child who participated in a sexual performance was under an age specified in this article, the court or jury may make such determination by any of the following: personal inspection of the child; inspection of a photograph or motion picture which constituted the sexual performance; oral testimony by a witness to the sexual performance as to the age of the child based upon the child's appearance; expert medical testimony based upon the appearance of the child in the sexual performance; and any other method authorized by any applicable provision of law or by the rules of evidence at common law.
Section 250.25 Tampering with private communications
A person is guilty of tampering with private communications when:
1. Knowing that he does not have the consent of the sender or receiver, he opens or reads a sealed letter or other sealed private communication; or
2. Knowing that a sealed letter or other sealed private communication has been opened or read in violation of subdivision one of this section, he divulges without the consent of the sender or receiver, the contents of such letter or communication, in whole or in part, or a resume of any portion of the contents thereof; or
3. Knowing that he does not have the consent of the sender or receiver, he obtains or attempts to obtain from an employee, officer or representative of a telephone or telegraph corporation, by connivance, deception, intimidation or in any other manner, information with respect to the contents or nature thereof of a telephonic or telegraphic communication; except that the provisions of this subdivision do not apply to a law enforcement officer who obtains information from a telephone or telegraph corporation pursuant to section 250.35; or
4. Knowing that he does not have the consent of the sender or receiver, and being an employee, officer or representative of a telephone or telegraph corporation, he knowingly divulges to another person the contents or nature thereof of a telephonic or telegraphic communication; except that the provisions of this subdivision do not apply to such person when he acts pursuant to section 250.35.
Tampering with private communications is a class B misdemeanor.
Section 240.30 Aggravated harassment in the second degree.
A person is guilty of aggravated harassment in the second degree when, with intent to harass, annoy, threaten or alarm another person, he or she:
1. Either (a) communicates with a person, anonymously or otherwise by telephone, or by telegraph, mail or any other form of written communication, in a manner likely to cause annoyance or alarm; or (b) causes a communication to be initiated by mechanical or electronic means or otherwise, with a person, anonymously or otherwise, by telephone, or by telegraph, mail or any other form of written communication, in a manner likely to cause annoyance or alarm; or
2. Makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication; or
3. Strikes, shoves, kicks, or otherwise subjects another person to physical contact, or attempts or threatens to do the same because of a belief or perception regarding such person's race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation, regardless of whether the belief or perception is correct; or
4. Commits the crime of harassment in the first degree and has previously been convicted of the crime of harassment in the first degree as defined by section 240.25 of this article within the preceding ten years.
Aggravated harassment in the second degree is a class A misdemeanor
Section 240.08 Inciting to riot
A person is guilty of inciting to riot when he urges ten or more persons to engage in tumultuous and violent conduct of a kind likely to create public alarm.
Inciting to riot is a class A misdemeanor.
YOU ARE NOW FULLY WARNED BY THE TERMS OF SERVICE ALONG WITH NYS PENAL LAWS AND SUB SECTIONS SO IF YOUR REALLY THINKING ON BREAKING THE RULES HERE DO US A FAVOR AND JUST LEAVE NONE OF THE LISTENERS WANT TO DEAL WITH YOU OK.
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