New York statute
N.Y. Penal Law § 30.00 — Infancy
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 30: Defense of Infancy, New York Penal Law.
Full text of N.Y. Penal Law § 30.00
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
30.00 Infancy.
1. Except as provided in subdivisions two and three of this section, a
person less than seventeen, or commencing October first, two thousand
nineteen, a person less than eighteen years old is not criminally
responsible for conduct.
2. A person thirteen, fourteen or, fifteen years of age is criminally
responsible for acts constituting murder in the second degree as defined
in subdivisions one and two of section 125.25 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 or for such
conduct as a sexually motivated felony, where authorized pursuant to
section 130.91 of this chapter; and a person fourteen or, fifteen years
of age is criminally responsible for acts constituting the crimes
defined in 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); paragraphs (a) and (b) of subdivision one, paragraphs (a) and
(b) of subdivision two and paragraphs (a) and (b) of subdivision three
of section 130.35 (rape in the first degree); former subdivisions one
and two of section 130.35 (rape in the first degree); subdivisions one
and two of former section 130.50; 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; 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 for such conduct as a sexually motivated felony, where
authorized pursuant to section 130.91 of this chapter.
3. A person sixteen or commencing October first, two thousand
nineteen, seventeen years of age is criminally responsible for acts
constituting:
(a) a felony, as defined in subdivision five of section 10.00 of this
chapter;
(b) a traffic infraction, as defined in subdivision two of section
10.00 of this chapter;
(c) a violation, as defined in subdivision three of section 10.00 of
this chapter;
(d) a misdemeanor as defined in subdivision four of section 10.00 of
this chapter, but only when the charge for such misdemeanor is:
(i) accompanied by a felony charge that is shown to have been
committed as a part of the same criminal transaction, as defined in
subdivision two of section 40.10 of the criminal procedure law;
(ii) results from reduction or dismissal in satisfaction of a charge
for a felony offense, in accordance with a plea of guilty pursuant to
subdivision four of section 220.10 of the criminal procedure law, unless
the proceeding is removed to the family court pursuant to paragraph
(g-1) of subdivision five of section 220.10 of the criminal procedure
law; or
(iii) a misdemeanor defined in the vehicle and traffic law.
4. In any prosecution for an offense, lack of criminal responsibility
by reason of infancy, as defined in this section, is a defense.
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