Most users are familiar with the “Build Offenses” tool of NYSentencing, which, for a given set of elements, finds all the offenses that may be constructed from the selected set of elements.
New for 2022, a new feature, “Find Including Offenses” finds all offenses that include the selected element set.
Both tools take as input a set of elements selected from a list, and return a list of offenses. But, each tool performs a different distinct function. An example illustrates how the two features compare.
At the bottom of the table of contents for each Penal Law Article, a blue button leads to a page (NYSentencing Offense Builder) presenting a list of all the elements of all the offenses in that article, and buttons leading to two separate tools that work with a selected element set.
For example, in PL Article 140 (Burglary and Related Offenses), upon electing the two elements “dwelling” and “knowingly enters or remains unlawfully”, clicking “Build Offenses” returns a list of three offenses – PL 140.05 (trespass), PL 140.10(a) (criminal trespass in the third degree) and PL 140.15[1] (criminal trespass in the second degree).
PL 140.15[1] is included because it contains exactly the specified element set. PL 140.10[a] and 140.05 are also included in the returned offense list because the element “dwelling” implies the elements “building or enclosed real property” and “premises” contained in those offenses, respectively.
On the other hand, the new feature, “Find Including Offenses”, finds all offenses that include the selected element set.
For example, upon selecting the same two elements in PL Article 140, “Find Including Offenses” returns the offense list PL 140.15[1] (criminal trespass in the second degree), PL 140.25[2] (burglary in the second degree) and PL 140.30[1], [2], [3] & [4] (burglary in the first degree).
PL 140.15[1] is again included because it contains the selected element set exactly. PL 140.25[2], and all four subdivisions of PL 140.30 are also returned, because they contain the selected two elements (“dwelling” and “knowingly enters or remains unlawfully”), together with additional elements that aggravate or raise the degree of the offense.
Use Build Offenses when you are working from a full fact pattern (such as a trial transcript, grand jury minutes, or victim’s statement), and want to determine what offenses may be established or implied based on the given facts.
Use Find Including Offenses when you are alerted to the presence of a single (or possibly more than one) element, and you want to find what offenses contain that element, together with additional elements that, if present, would elevate or aggravate those offenses.
What tasks do you use the Offense Builder module to help with? Let us know in the comments…