§ 10.00 Definitions of terms of general use in this chapter.
Except where different meanings are expressly specified in subsequent
provisions of this chapter, the following terms have the following mean-
ings:
1. "Offense" means conduct for which a sentence to a term of imprison-
ment or to a fine is provided by any law of this state or by any law,
local law or ordinance of a political subdivision of this state, or by
any order, rule or regulation of any governmental instrumentality
authorized by law to adopt the same.
2. "Traffic infraction" means any offense defined as "traffic infrac-
tion" by section one hundred fifty-five of the vehicle and traffic law.
3. "Violation" means an offense, other than a "traffic infraction, "
for which a sentence to a term of imprisonment in excess of fifteen days
cannot be imposed.
4. "Misdemeanor" means an offense, other than a "traffic infraction, "
for which a sentence to a term of imprisonment in excess of fifteen days
may be imposed, but for which a sentence to a term of imprisonment in
excess of one year cannot be imposed.
5. "Felony" means an offense for which a sentence to a term of impri-
sonment in excess of one year may be imposed.
6. "Crime" means a misdemeanor or a felony.
7. "Person" means a human being, and where appropriate, a public or
private corporation, an unincorporated association, a partnership, a
government or a governmental instrumentality.
8. "Possess" means to have physical possession or otherwise to exer-
cise dominion or control over tangible property.
9. "Physical injury" means impairment of physical condition or
substantial pain.
10. "Serious physical injury" means physical injury which creates a
substantial risk of death, or which causes death or serious and
protracted disfigurement, protracted impairment of health or protracted
loss or impairment of the function of any bodily organ.
11. "Deadly physical force" means physical force which, under the
circumstances in which it is used, is readily capable of causing death
or other serious physical injury.
12. "Deadly weapon" means any loaded weapon from which a shot,
readily capable of producing death or other serious physical injury, may
be discharged, or a switchblade knife, pilum ballistic
knife, metal knuckle knife, dagger, billy, blackjack, plastic knuckles,
or metal knuckles.
13. "Dangerous instrument" means any instrument, article or substance,
including a "vehicle" as that term is defined in this section, which,
under the circumstances in which it is used, attempted to be used or
threatened to be used, is readily capable of causing death or other
serious physical injury.
14. "Vehicle" means a "motor vehicle", "trailer" or "semi-trailer," as
defined in the vehicle and traffic law, any snowmobile as defined in the
parks and recreation law, any aircraft, or any vessel equipped for
propulsion by mechanical means or by sail.
15. "Public servant" means (a) any public officer or employee of the
state or of any political subdivision thereof or of any governmental
instrumentality within the state, or (b) any person exercising the func-
tions of any such public officer or employee. The term public servant
includes a person who has been elected or designated to become a public
servant.
16. "Juror" means any person who is a member of any jury, including a
grand jury, impaneled by any court in this state or by any public serv-
ant authorized by law to impanel a jury. The term juror also includes a
person who has been drawn or summoned to attend as a prospective juror.
17. "Benefit" means any gain or advantage to the beneficiary and
includes any gain or advantage to a third person pursuant to the desire
or consent of the beneficiary.
18. "Juvenile offender" means (1) a person thirteen years old who is
criminally responsible for acts constituting murder in the second degree
as defined in subdivisions one and two of section 125.25 of this chapter
or such conduct as a sexually motivated felony, where authorized pursu-
ant to section 130.91 of the penal law; and
(2) a person fourteen or fifteen years old who is criminally responsi-
ble for acts constituting the crimes defined in subdivisions one and two
of section 125.25 (murder in the second degree) and in subdivision three
of such section provided that the underlying crime for the murder charge
is one for which such person is criminally responsible; section 135.25
(kidnapping in the first degree); 150.20 (arson in the first degree);
subdivisions one and two of section 120.10 (assault in the first
degree); 125.20 (manslaughter in the first degree); subdivisions one and
two of section 130.35 (rape in the first degree); subdivisions one and
two of section 130.50 (criminal sexual act in the first degree); 130.70
(aggravated sexual abuse in the first degree); 140.30 (burglary in the
first degree); subdivision one of section 140.25 (burglary in the second
degree); 150.15 (arson in the second degree); 160.15 (robbery in the
first degree); subdivision two of section 160.10 (robbery in the second
degree) of this chapter; [subdivision four of section 265.02 of this
chapter, where such firearm is possessed on school grounds, as that
phrase is defined in subdivision fourteen of section 220.00 of this
chapter;] or section 265.03 of this chapter, where such machine gun or
such firearm is possessed on school grounds, as that phrase is defined
in subdivision fourteen of section 220.00 of this chapter; or defined in
this chapter as an attempt to commit murder in the second degree or
kidnapping in the first degree, or such conduct as a sexually motivated
felony, where authorized pursuant to section 130.91 of the penal law.
19. For the purposes of section 260.30 and 120.01 of this chapter the
term "child day care provider" shall be defined as provided for in
section three hundred ninety of the social services law.
20. For purposes of sections 120.13, 120.18, 125.11, 125.21 and 125.22
of this chapter, the term "peace officer" means a peace officer as
defined in subdivision one, two, three, four, six, twelve, thirteen,
fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one,
twenty-three, twenty-three-a, twenty-four, twenty-five, twenty-six,
twenty-eight, twenty-nine, thirty, thirty-one, thirty-two, thirty-four,
thirty-five, thirty-six, forty-three, forty-five, forty-seven, forty-
eight, forty-nine, fifty-one, fifty-two, fifty-eight, sixty-one, as
added by chapter two hundred fifty-seven of the laws of nineteen hundred
ninety-two, sixty-one, as added by chapter three hundred twenty-one of
the laws of nineteen hundred ninety-two, sixty-two, as added by chapter
two hundred four of the laws of nineteen hundred ninety-three, sixty-
two, as added by chapter six hundred eighty-seven of the laws of nine-
teen hundred ninety-three, sixty-three, as amended by chapter six
hundred thirty-eight of the laws of two thousand three, sixty-four,
sixty-five, sixty-eight, as added by chapter one hundred sixty-eight of
the laws of two thousand, sixty-eight, as added by chapter three hundred
eighty-one of the laws of two thousand, seventy, seventy-one, seventy-
four, as added by chapter five hundred forty-eight of the laws of two
thousand one, seventy-five, as added by chapter three hundred twenty-one
of the laws of two thousand two, seventy-five, as added by chapter six
hundred twenty-three of the laws of two thousand two, seventy-seven, as
added by chapter three hundred sixty-seven of the laws of two thousand
four, seventy-eight or seventy-nine, as added by chapter two hundred
forty-one of the laws of two thousand four, of section 2.10 of the crim-
inal procedure law, as well as any federal law enforcement officer
defined in section 2.15 of the criminal procedure law.
21. "Drug trafficking felony" means any of the following offenses
defined in article two hundred twenty of this chapter: violation of use
of a child to commit a controlled substance offense as defined in
section 220.28; criminal sale of a controlled substance in the fourth
degree as defined in section 220.34; criminal sale of a controlled
substance in the third degree as defined in section 220.39; criminal
sale of a controlled substance in the second degree as defined in
section 220.41; criminal sale of a controlled substance in the first
degree as defined in section 220.43; criminal sale of a controlled
substance in or near school grounds as defined in section 220.44; unlaw-
ful manufacture of methamphetamine in the second degree as defined in
section 220.74; unlawful manufacture of methamphetamine in the first
degree as defined in section 220.75; or operating as a major trafficker
as defined in section 220.77.
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