Defendant is not criminally liable due to their age: - less than 7: no criminal responsibility. - 7-15: Juvenile Delinquency (13,14,15 certain felonies are juvenile offenders) - 16 or older: charged as adults.
Occurs when a defendant is actively induced, encouraged, or lured by a public servant to commit an illegal act.
Elements of an offense
Written law - defining the offense Act - constituting the external physical part of a crime committed by the offender. Mental element - the offender's state of mind toward the act. Result - injury or potential for injury produced by the act Causal Relationship - between the unlawful act, the result, and the underlying mental element.
Attempt to commit a crime.
A change of attempt to commit a crime will reduce the charge by one class. ex: Class A felony to Class B Felony.
Engages in conduct which tends to effect the commission of such crime.
Forcible Touching (M)
intentionally and for no legitimate purpose, squeezes, grabs or pinches the sexual or other intimate parts of another person.
Facilitating a sex offense with a controlled substance (F)
Knowingly give victim substance without consent. Intent to commit felony sex offense.
Lack of consent.
Mentally disabled Mentally incapacitated Physically helpless Forcible compulsion underage office of children and family services health/mental health care provider correctional facility vulnerable person
Sexual abuse (M)
a person subjects another person to sexual contact: victim is over 10 but less than 17 yrs old victim is incapable of consent for reasons other than age (mentally disabled or incapacitated) without consent
Sexual abuse (F)
a person subjects another person to sexual contact: by forcible compulsion victim physically helpless victim is less than 11 yrs old victim is less than 13 yrs old and the actor is 21 or older.
Aggravated Sexual Abuse (F)
when a person insert: a foreign object (whether or not causing physical injury) or a finger (causing PI or SPI) into another person's "PURV" Penis Urethra Rectum Vagina without consent.
acting with the mental culpability for the commission of an offense. Directs or aids another person to engage in an offense. "acting in concert" Individuals acting with the same mental state are both guilty of an offense.
Statute of limitations
class a and certain b felonies = no time limit certain class b and c,d,e felony = 5 years misdemeanor = 2 yrs petty offense = 1 yr
Purpose of the penal law
forbid conduct that causes or threatens to cause harm.
Intent and Motive
the determination to an act the desire to make you want to do a criminal act.
4 culpable mental states.
reckless - aware of and disregards risk intentional - objective is to cause a result criminal negligence - fails to see risk knowingly - aware of conduct causing risk.
aware of and disregards risk
objective is to cause a result
fails to see risk
aware of conduct causing risk
HIT + no injury or follow or annoy/alarm
repeatedly harass or cause fear of PI
aggravated harassment (M)
use communication device to cause fear of PI/property damage Family + physical contact/PI Harassing via telephone with no other purpose of legitimate communication
aggravated harassment (F)
noose, swastika, burn cross in public cause $50 in damage, Discrimination.
Public Lewdness (M)
Naked + intent of being observed.
Public lewdness 1st Degree (M)
naked + 19 or more + juvenile (15 or less)
Reckless Endangerment (M)
reckless + risk of PI or SPI no injury is incurred.
Reckless endangerment (F)
Depraved indifference + risk of SPI/Death no injury is incurred.
Menacing 2nd Degree (M)
Threat with weapons intended to cause imminent fear of PI/SPI or death.
Menacing 3rd Degree
Threat intended to cause imminent fear of PI/SPI or death
Stalking 4th Degree (M)
Cause reasonable fear of material harm to person/family or a third party. Cause material harm by following/telephoning or initiating communication reasonably fear that their employment, business, or career is threatened.
Stalking 3rd Degree (M)
Cause fear of PI, SPI or death; the commission of a sex offense, kidnapping, unlawful imprisonment.
Assault 3 (M)
I PI NO Intends and causes PI R PI NO Recklessly causes PI/SPI w/o weapon R SPI NO Recklessly causes PI with weapon R PI YES Crim Negli causes PI/SPI with weapon C PI YES Crim Negli no weapon = civil C SPI YES
Assault 2 (F)
intends and causes SPI intends and causes PI with weapon recklessly causes SPI with weapon causes PI on city employee intends and causes PI on victim 65 years or older AND at least 10 yrs younger.
Assault on a peace officer, police officer, firefighter or EMS (F)
intentionally cause SPI
Assault 1 (F)
intend SPI with DW/DI, causes SPI Disfigurement intended and caused. Depraved indifference causes SPI
Aggravated Assault Upon a person less than 11 yrs old (F)
Person 18 or older commits Assault 3 (M) upon a person less than 11 yrs old
Aggravated Assault upon a police or a peace officer (F)
intend SPI with weapon on PO, causes SPI
Gang Assault (F)
3 + intend PI/SPI cause SPI
Criminal Obstruction of Breathing or blood circulation (M)
intentionally block nose, mouth or nose.
Strangulation 2 (F)
Criminal obstruction of breathing + PI/unconsiousness
Strangulation 1 (F)
Criminal obstruction of breathing + SPI
Criminal Contempt (M)
intentional disobedience of lawful court mandate
Criminal Contempt (F)
violates OOP + harassing, menacing or causing fear.
aggravated criminal contempt (F)
violates OOP + intends or recklessly causes SPI or PI
Murder 1 (F)
19 yrs old and older intentionally causes death of a city employee; witness life sentence serial killer torture to death killer for hire
Murder 1 (F)
intentionally causes death depraved indifference causes death while attempting, committing or fleeing any of the following felonies: CARBRAKES Criminal sexual act Aggravated Sexual Abuse kidnapping Arson escape 1 and 2 robbery sexual abuse 1 burglary rape 1
Manslaughter 2 (F)
recklessly causes death abortion before 24 weeks aids suicide
manslaughter 1 (F)
intends SPI causes death abortion after 24 weeks EDP causes death 18 or older recklessly causes death of child or less
unlawful dealing with a child 2nd degree (M)
owner allows child in bar, hookah spot, tattoo parlor without guardian A person tattoos the body of a child less than 18 A person sells tobacco in any form to a child less than 18
unlawful dealing with child 1st degree (M)
knowingly permits a child less than 18 to enter premises where is sexual activity, controlled substances, or marijuana. gives sells or causes to be given or sold any alcoholic beverage to a person less than 21 years old.
when a person abducts another person often committed with robbery or larceny
custodial interference (M)
relative of a child less than 16, intending to hold the child permanently or for a long period of time and knowing that he has no right to do so.
custodial interference (F)
a person removes such person from the state with intent to remove them permanently
endangering the welfare of an incompetent or physically disabled person (M)
recklessly engages in conduct which is likely to be injurious to the physical, mental or moral welfare of a person who is unable to care for him or herself.
endangering the welfare of an incompetent or physically disabled person (F)
knowingly engages in conduct which is likely to be injurious to the physical mental or moral welfare of a person who is unable to care for him or herself
Abandoned Infant Protection Act
Persons unable to care for their newborn infants can anonymously leave the infant (up to 30 days old) at a hospital, police station, fire station or another safe location.
Recklessly damages a building or vehicle by intentional fire or explosion. OR Intentionally fire or explosion. Multiple units in one building = one charge of arson. Abandoned buildings are considered buildings for arson.
Intentionally damaging any property by starting a fire. Causing an explosion. If a building or vehicle is damaged, the charge is Arson Felony.
Possession of Burglar's Tools (M)
Possesses a tool, instrument, or article showing intent to use such item to facilitate an offense involving: Forcible entry into premises Larceny by physical taking Theft of services/ phones & meters
Knowingly enters or remains unlawfully in a building with the intent to commit a crime. Note: mere intent to commit a crime is sufficient.
Criminal Trespass ( F)
Knowingly enters or remains unlawfully in a building and possesses or knows another participant to posses: "FREDS" Firearm Rifle Explosive Deadly weapon Shotgun Amno is readily available and capable of being used
Trespass ( Violation)
Knowingly enters or remains unlawfully upon premises. Unfenced land Open abandoned building in disrepair Disregard of "No Trespassing" signs
Criminal Trespass (M)
Knowingly enters or remains unlawfully in a building or real property Fenced or enclosed School Building/ Public Housing Rapid Transit Property
Criminal Mischief ( F)
Intent to damage over $250. Intent to damage by means of an explosive.(Any dollar amount)
Criminal Mischief (M)
Intent to damage property $250 or less. Intent in the destruction of an abandoned building (At least a 3 family house). Recklessly damages of another and its over $250 ($250 and under is civil matter). Intentionally disables or removes telephone or teletypewriter device (TTY) to prevent a person from seeking emergency assistance.
For Passive Resistance
The appropriate charge is not resisting arrest. They may be charged obstructing governmental administration.
Obstructing Governmental Administration (M)
Person intentionally obstructs, impairs or prevents the administration of law or other government function. OR Prevents or attempts to prevent a public servant from performing official functions by: Intimidation Physical force Dangerous Animal Interference with Governmental telecommunications.
Obstructing Governmental Administration (F)
Interferes with governmental telecommunications, thereby causing SPI to another person.
O.G.A. by means of a self defense spray (F)
Intentionally causes temporary physical impairment to a PO or peace officer by discharging a self defense spray device to prevent a PO or peace officer from performing a lawful duty.
A person escapes from custody having been arrested for a petty offense or misdemeanor. Note: Attempted escape may be charged.
Escapes from a detention facility. Escapes from custody, after being charged/ convicted of felony. Adjudicated a youth offender for a felony, escapes from custody or juvenile detention facility.
"No Sock Law"
A person using force to resist an unauthorized arrest CANNOT be charge with resisting arrest, but they CAN be charge with assault or harassment.
For Active Resistance
The appropriate charge is Resisting Arrest
Resisting Arrest (M)
Intentionally prevents or attempts to prevent a police/ peace officer from effecting an authorized arrest of himself of another.
Safeguarding Prisoners Leg restraints MUST be used when:
Transporting a prisoner that has refused to be fingerprinted. To a hospital for medical treatment who has been determined to be an escape risk. Should leg restraints not be used due to the desk officer, a command log entry will be made.
Criminal possession of forged instrument ( M)
Intent to defraud, a person utters or possesses a forged instrument knowing it is forged.
Criminal possession of a forged instrument (F)
A person possesses any of the forged instruments: Deed Will Public record Prescription from licenses physician
False Impersonation (M)
Only can be charged after being warned of the consequences for giving wrong name, D.O.B., or address with the intention of preventing police or peace officer from ascertaining such ininformation
Intent to defraud, deceive or injure a person: he or she make or completes or alters a written instrument.
Intent to defraud, deceive or injure a person: he or she make or completes or alters a written instrument consisting of : A deed Contract Credit Card Public record, etc
Criminal Impersonation (F)
Impersonate PO or federal law enforcement officer with intent to commit any felony. Impersonate physician and order a prescription to a pharmacist.
Criminal Impersonation (M)
Falsely representing: another person. an organization. a public servant with intent to induce another to submit to such official authority or solicit funds. Another person by communication via internet website or electronic means.
To withhold property from a person permanently or long period of time that a major portion of its value is lost
To exercise control over or dispose of property
Any credit card number, account number or personal I.D number used to obtain phone service.
Petit Larceny (M)
Stealing property valued at $1000 or less and does not fall within grand larceny categories.
any credit card number, account number or personal ID number used to obtain phone service
in a public place, a person; places hand in area of victims pocket or handbag or crowds victim while other has hands in area of person bag.
is not a charge, the charge is grand larceny obtain property by placing person in fear that he does not provide property the actor will engage in certain conduct.
Person forcibly steals property from another. Larceny + immediate physical force (uses threatens or attempts to use)
Criminal possession of stolen property (M)
person knowingly possesses stolen property valued at $1000 or less
Criminal possession of stolen property (F) MR CAAP GUN
knowingly possesses stolen property consisting of: motor vehicle (over $100) religious article ($100 or more) credit/debit/benefit card Amount over $100 (value of property) anhydrous ammonia Pawn broker GUN
Grand Larceny (F) MR AAC GRAPES
Motor vehicle (over $100) religious article ($100 or more) ATM/Access Device Amount over $1000 Credit/debit card Gun Records Anhydrous ammonia Person Extortion Secret Scientific Material
Identity Thief (M)
Person knowingly and with the intent to defraud assumes the identity of another: - obtains goods, money, property or services or uses credit in the name of that person or causes financial loss - commits a class A misdemeanor or higher level crime.
Identity thief (F)
Person knowingly and with the intent to defraud assumes the identity of another. obtains goods, money, property or services or uses credit in the name of that person exceeding $500 or causes financial loss of suck person exceeding $500
Aggravated Identity Thief (F)
Knowingly assumes the identity of a member of the armed forces presently deployed outside the U.S. - obtains good exceeding $500 or causes financial loss exceeding $500
Presumptions for CPSP
Pawnbrokers who possess stolen property are presumed to know that property is stolen Person in possession of two or more stolen credit cards, debit cards or public benefit cards is presumed to know they're stolen
Identity theft vs identity fraud
Identity fraud is the penal law offense charge when identity fraud is committed.
Theft of services (M)
Stolen credit cards to pay for any service, avoiding payments for hotels, transportation, cable, etc... tampering with public utility service.
Unlawful possession of personal ID information (F)
knowingly possess a person's personal ID info 250 or more of the same items listed in the misdemeanor charge.
Unlawful possession of personal ID information (M)
Knowingly possesses a person's personal ID info: account numbers credit card numbers.
Special category missing persons: An immediate investigation and search is required:
15 or younger 65 or older unable to communicate possible drowning possible suicide involuntary disappearance
Aided report prepared for RIDAL MOUSE
Runaway child Injured not prepared for vehicle/bicycle DOA prisoners. Abused - (MAN CHILD) Lost person MOS SICK Injured on duty other unconscious SICK EDP
Fingerprints and Palm Prints
Livescan finger imaging system
Safeguarding aided property
Officer takes possession Voucher at precinct If hospitalized, hospital safeguards If property is illegally possessed or contraband, you will take possession and have it invoice at your command.
Procedures for handling a dead human body
all searches will be conducted under a supervisor Responsible person should witness the search Search of premises will be made and all property will be removed except clothing worn Safeguard property of a deceased person so those legally entitled to property will receive it. UMOS will accompany a person to acquire burial clothes and apply a new door seal on the door jamb when finished.
Dead Human bodies authorized on scene TED MD DC
Techinicians (highway district) ESU (body on train, tracks or tunnel) Detective Medical examiner or Assistant District Attorney or ADA Doctor, EMT, paramedics Crime Scene unit.
a person who has been caught between the train and the subway platform
Aided cases on NYC transit trains
avoid unnecessary disruption of train service Passengers with injuries or minor illness may be removed gunshot victims should not be moved (Crime scene)
When will notifications be made for aided cases
Dead seriously injured and likely to die Admitted to the hospital
an occupancy requiring that a person other than a prisoner receive medical aid or assistance
A person who has been run over by a train request: EMS, ESU, FDNY, Patrol supervisor and MTA to power off subway tracks. It is considered a crime scene and requires the response of detectives to conduct an investigation.
Missing Person report
reports of persons missing from temporary residences within new york city will be accepted. ex: hotel guests, college, students etc.. Note: there is no time limit before accepting a missing person complaint.
Identification TAG (Toe TAG) "95 TAG"
Placed on: dead human bodies body parts human fetus unconscious removed to hospital - lower half is used as a receipt for a body deliver key premises + the 95 tag receipt to the desk officer.
Missing person steps to take whom at scene
Get an accurate description of the individual whether the person has gone missing before Photo location missing was last seen cell phone number social media usernames and passwords Initial search of building Request patrol supervisor Notify the desk officer
How are complaints of missing persons recorded?
recorded on a complaint report and a missing/unidentified person report.
Missing persons do not include
persons wanted for a crime on a warrant persons 18 or older who left voluntarily
Required captions on aided report worksheet
Jurisdiction codes (00nypd,01transit,02housing) ACR/PCR# removed to and treated by notifications (If admitted or died)
voluntary aide at scene
check to see if person is medical professional request ID let them treat aided.
Larceny "A FAT FEET"
Acquire lost property false pretense a bad check trespassory taking - pickpocket, shoplifting false promise embezzlement extortion trickery
Amber Alert 1996
17 or less missing signs of imminent danger
Silver alert system
65 or older vulnerable person missing. Captain or above from detective bureau makes decision
MISSING: mentally or physically impaired is 65 years or older senile or mentally disabled suicidal involuntary disappearance not yet 18 yrs old gone swimming
Safeguarding a DOA residence
Seal premise with green seal for door of doa premise. signed by officer placed between door and door jamb
the taking or keeping of a child by a family member in violation of a custody order. concealment, flight or intent to deprive a lawful custodian indefinitely of their custodial privileges
procedure for missing person with Alzheimer's/dementia and wandering types
Determine if missing person wears a medic alert/safe return bracelet or necklace Critical wanderer - wanders away from supervised care or cannot be located Random Wandering - moves aimlessly with no goal Goal-oriented Wandering - subject moves to some type of goal.
Declaration of death is made by a
Physician, EMT, paramedic
Title name of person making pronouncement should be entered in a
During a pending ACS investigation, does the child remain at home?
No, the child will not be returned home until investigation is done.
Communicating with children
Don't act tough, don't take challenges personal, avoid a punitive tone, do not put kids down, avoid criticizing parents, talk to them away from peers, approach lower status members.
Children may be ADD may be
Impulsive, hyperactive, and difficulty being attentive.
What is a man child
Maltreated abused or neglected.
What is a runaway
a nys resident under the age of 16 who runs away from home
when interrogating a juvenile what do you read and to whom
Miranda warnings for juvenile interrogations while in presence of parent
Under what age can a police officer return a child to their home if they ran away
what age and above is not eligible for constructive or alternative methods of restraint
16 or older
Questioning juvenile without parent present
The juvenile will only be questioned at designated facility. A good faith attempt must be made to have a competent adult present. The juvenile and competent adult must be advised of rights special care must taken to ensure juvenile understand rights.
When must a child attend school
6-17 children in nyc who turn 6 yrs old of age before December 31 of the school year, students turn 17 years of age on or after july 1st
Department Resources for young people
Youth service section PAL (police athletic league) law enforcement explorers Summer youth police academy police - youth dialogue gang resistance education and training summer youth employment program
What is personal recognizance of a juvenile delinquent?
A juvenile who has been arrested as a juvenile delinquent is released to the custody of a parent for appearance at family court at a later date.
When won't a juvenile be released on personal recognizance JDWAANERD
Juvenile offender danger to community wanted on a warrant arrest on a felony/awaiting trial assault, sex offense against family member no Supervision Endangered to health Return to family court Designated felony and family court in session
When a juvenile is arrested and charged as a juvenile offender
Official department photograph will be taken Penal offense charged
who should an officer contact if they believe a runaway child is abused or neglected
ACS and the child will not be returned home until the agency investigates.
What form is used for truants
Who will be responsible for conferring with ACS services to arrange transportation
is an 8 week program for 7th and 8th grades aimed at achieving two main goals: educate youth about consequences of gang involvement Reduce gang activity
What is the police youth dialogue person
a workshop that offers "at risk" high school students with "no-risk" opportunities for interaction with nypd officers.
Arrest of a juvenile offender
13,14,15 yr old - Murder 2 sub1/2 14,15 yr old - murder 2 sub3 14 15 yr old - charged with MARKCCABRAMS
Murder 2 sub 1/2/3 + Attempt Assault 1 sub 1/2 Rape 1 sub 1/2 Kidnapping 1 + Attempt Criminal Sex Act 1 sub 1/2 CPW 2 - on school grounds 1000 feet Arson 1 and 2 Burglary 1 and 2 sub 1 Robbery 1 sub 2 Aggravated Sexual abuse 1 Manslaughter 1 Sexually motivated felony
Are runaways PINS
Where will the official arrest photograph for juvenile offenders be taken
Borough court section booking facility.
What do you do for a homeless youth requiring shelter (less than 18)
Notify youth officer, school safety division, operation center when a department of education employee acting in their official capacity transfers a child to department personnel for the sole purpose of having the ACS provide shelter.
What age is eligible for alternative restraint
A child who is less than 12 yrs of age however any child less than 16 is eligible.
This person will direct the interview of child, notify missing persons squad, contact parent and arrange shelter
Legally required occupations required to report child abuse
Teachers, doctors, overnight camp, police officers, failure to do so is a misdemeanor.
Who has authority to remove a child without consent
If child is taken to the ACS will they arrange transport home after contacting the parents
When ever affecting an arrest of the student inside a school facility who do you request
request the school safely sergeant or patrol supervisor.
Police officer to arrest a child based upon a PINS designations what is required
a court order from family court designating child as PINS
When are you required to notify special victims division
Under 11 victim of abuse, all sex crimes
When must children be fingerprinted and photographed
11 or 12 charged with a and b felony juvenile 13,14,15 charged with any felony juvenile charged as juvenile offender
who is a PINS
Under 18, doesnt attend school, uncontrollable and violates unlawful possession of marijuana.
what paperwork is used for PINS
Complaint report worksheet juvenile report system worksheet refer the parent to family court to see a pins petition.
what forms do you fill out for a runaway
aided report, juvenile system worksheet and a complaint report worksheet (juvenile delinquent checked off)
Arrest processing of a juvenile delinquent
Prepare OLBS, complaint report, juvenile arrest investigation/probation intake report worksheet. Whenever juvenile is removed to a police facility officer must call the juvenile crime desk prior to processing the juvenile.
when dealing with runaways, who must always be contacted
Missing persons squad
Notify the ACS instant response team whenever
a child is removed from a household by police an arrest is made in connection with the abuse or neglect of a child.
When can you question a juvenile
The juvenile may be questioned if they waive the miranda rights in the presence of a parent, the parent does not have to separately waive the miranda rights only need to be advised of such rights, however if the parents objects to the questioning, no questioning should occur.
When may a juvenile report system worksheet be prepared
Child 7-15 For petty offenses/violations/traffic infractions PINS, runaways, missing person, intoxicated juvenile. Most misdemeanors except: Unlawful assembly and photograph-able misdemeanors. NOTE: not prepared if juvenile is arrested.
If an officer has reasonable suspicion that a child is a "man child" he must
prepare report of suspected child abuse or maltreatment form and notify state central registry.
A police officer must effect the arrest of a juvenile if the child commits
any felony unlawful assembly a photograph able misdemeanor
Would a juvenile report system worksheet be prepared if the juvenile if arrested?
exceptions to the age requirements for attendance
minors who have graduated from high school students who have earned a GED students 16 or 17 yrs old who have a full time employment certificate
what factors tend to lead teens to have negative attitudes towards police
history of criminal victimization arrest questioning by police
Age range for adolescents
12 - 22
What will be done with out of town runaways
home free program by greyhound bus but officer must confirm youth is runaway with NCIC or may be brought to horizon juvenile center.
Completely charged and tried as adults, not eligible for personal recognizance, criminal court has jurisdiction, transported separately from adults, goes to central booking, go to central booking, but cant be lodged at central booking.
Does the officer need a youths consent to be sent home if a runaway
Regarding children requiring shelter what will be entered in activity log and aided report
Date, time, location where child was found. Physical description name address and phone number. Name title school and phone number of department of education, the particular circumstances to provide care.
what is juvenile misconduct
includes, but is not limited to pins, truants, alcoholics and runaways
questioning of juveniles
immediately notify parents, not to question the child unless the child and parent have been advised of rights. The parent if available must be parent with the child when the warnings are given. Parent must be present during questioning. Before questioning miranda warnings will be read.
Are juvenile delinquents charged with the actual crime
NO there charged with juvenile delinquency in place of the charge.
May mos release pertinent info involving child abuse to ACS
Yes except sealed records, and identity of adult victims of sex crimes.
Summons individual under 18
Attempt to notify parents Make photo copy of summons with parents info Deliver photocopy of summons to the precinct youth officer.
Procedure for traunts
PO delivers the child to the school in which enrolled, if not known the child will be taken to the borough truancy site. Principal or representative must sign the officer's activity log and youth referral as receipt for the child. Prepare a youth referral and deliver to desk officer. Note: a juvenile system report worksheet is not prepared if juvenile is only truant and has not committed a crime.
Handcuffing/Restraining students within school facilities
notify school safety division and the principal/designee - Prior to taking police action remove student to private location request school safety sergeant if unavailable request patrol supervisor. Inform school of arrest and basis.