NCLB Violent Criminal Offenses List 8/29/02 |
||
| The following is a list of crimes that the Department has determined may constitute "violent criminal offenses." However, in some instances, the crimes listed below will include conduct that would not constitute a "violent criminal offense" unless its commission involves the infliction of serious physical injury upon another or a sex offense that involves forcible compulsion or use or threatened use of a deadly weapon. | ||
Offenses |
Penal Law Section(s) |
|
| Attempted Murder in the 1st Degree Class A-I Felony |
110.00, 110.05(1) & 125.27 | |
| Attempted Murder in the 2nd Degree Class B Violent Felony Offense |
70.02(1)(a) & 125.25 | |
| Attempted Manslaughter in the 1st Degree Class C Violent Felony Offense |
70.02(1)(b), 110.00, 110.05(4) & 125.20 | |
| Attempted Manslaughter in the 2nd Degree Class D Felony |
110.00, 110.05(5) & 125.15 | |
| Attempted Vehicular Manslaughter in the 1st
Degree Class D Felony |
110.00, 110.05(5) & 125.13 | |
| Attempted Vehicular Manslaughter in the 2nd
Degree Class E Felony |
110.00, 110.05(6) & 125.12 | |
| Kidnapping in the 1st Degree Class A-I Felony |
135.25 | |
| Attempted Kidnapping in the 1st Degree Class B Violent Felony Offense |
70.02(1)(a),110.00, 110.05(3) & 135.25 | |
| Kidnapping in the 2nd Degree Class B Violent Felony Offense |
70.02(1)(a) & 135.20 | |
| Attempted Kidnapping in the 2nd Degree Class C Violent Felony Offense |
70.02(1)(b), 110.00, 110.05(4) & 135.20 | |
| Arson in the 1st Degree Class A-I Felony |
150.20 | |
| Attempted Arson in the 1st Degree Class B Violent Felony Offense |
70.02(1)(a), 110.00110.05(3) & 150.20 | |
| Arson in the 2nd Degree Class B Violent Felony Offense |
70.02(1)(a) & 150.15 | |
| Attempted Arson in the 2nd Degree Class C Violent Felony Offense |
70.02(1)(b), 110.00, 110.05(4) & 150.15 | |
| Assault in the 1st Degree Class B Violent Felony Offense |
70.02(1)(a) & 120.10 | |
| Attempted Assault in the 1st Degree Class C Violent Felony Offense |
70.02(1)(b), 110.00, 110.05(4) & 120.10 | |
Assault in the 2nd Degree Class D Violent Felony Offense |
70.02(1)(c) & 120.05 | |
Attempted Assault in the 2nd Degree Class E Felony |
110.00, 1105(6) & 120.05 | |
Aggravated Assault Upon a Person Less Than Eleven Years Old Class E Felony |
120.12 | |
Gang Assault in the 1st Degree Class B Violent Felony Offense |
70.02(1)(a) & 120.07 | |
Attempted Gang Assault in the 1st Degree Class C Violent Felony Offense |
70.02(1)(b), 110.00, 110.05(4) & 120.07 | |
Gang Assault in the 2nd Degree Class C Violent Felony Offense |
70.02(1)(b) & 120.06 | |
Attempted Gang Assault in the 2nd Degree Class D Violent Felony Offense |
70.02(1)(c), 110.00, 110.05(5) & 120.06 | |
Vehicular Assault in the 1st Degree Class D Felony |
120.04 | |
Attempted Vehicular Assault in the 1st Degree Class E Felony |
110.00, 110.05(6) & 120.04 | |
Vehicular Assault in the 2nd Degree Class E Felony |
120.03 | |
Stalking in the 1st Degree Class D Violent Felony Offense |
70.02(1)(c) & 120.60 | |
Attempted Stalking in the 1st Degree Class E Felony |
110.00, 110.05(6) & 120.60 | |
Stalking in the 2nd Degree Class E Felony |
120.55 | |
| Menacing in the 1st Degree Class E Felony |
120.13 | |
| Reckless Endangerment in the 1st Degree Class D Felony |
120.25 | |
| Rape in the 1st Degree Class B Violent Felony Offense |
70.02(1)(a) & 130.35 | |
| Attempted Rape in the 1st Degree Class C Violent Felony Offense |
70.02(1)(b), 110.00, 110.05(4) & 130.35 | |
| Rape in the 2nd Degree Class D Felony |
130.30 | |
| Attempted Rape in the 2nd Degree Class D Felony |
110.00, 110.05 & 130.30 | |
| Rape in the 3rd Degree Class E Felony |
130.25 | |
| Sodomy in the 1st Degree Class B Violent Felony Offense |
70.02(1)(a) & 130.50 | |
| Attempted Sodomy in the 1st Degree Class C Violent Felony Offense |
70.02(1)(b), 110.00, 110.05(4) & 130.50 | |
| Sodomy in the 2nd Degree Class D Felony |
130.45 | |
| Attempted Sodomy in the 2nd Degree Class E Felony |
110.00, 110.05(6) & 130.45 | |
| Sodomy in the 3rd Degree Class E Felony |
130.40 | |
| Aggravated Sexual Abuse in the 1st Degree Class B Violent Felony Offense |
70.02(1)(a) & 130.70 | |
| Attempted Aggravated Sexual Abuse in the 1st
Degree Class C Violent Felony Offense |
70.02(1)(b), 110.00, 100.05(4) & 130.70 | |
| Aggravated Sexual Abuse in the 2nd Degree Class C Violent Felony Offense |
70.02(1)(b) & 130.67 | |
| Attempted Aggravated Sexual Abuse in the 2nd
Degree Class D Violent Felony Offense |
70.02(1)(c), 110.00, 110.05(5) & 130.67 | |
| Aggravated Sexual Abuse in the 3rd Degree Class D Violent Felony Offense |
70.02(1)(c) & 130.66 | |
| Attempted Aggravated Sexual Abuse in the 3rd
Degree Class E Felony |
110.00, 110.05(6) & 130.66 | |
| Aggravated Sexual Abuse in the 4th Degree Class E Felony |
130.65-a | |
| Sexual Abuse in the 1st Degree Class D Violent Felony Offense |
70.02(1)(c) & 130.65 | |
| Attempted Sexual Abuse in the 1st Degree Class E Felony |
110.00, 110.05(6) & 130.65 | |
| Course of Sexual Conduct Against a Child in the 1st
Degree Class B Violent Felony Offense |
70.02(1)(a) & 130.75 | |
| Attempted Course of Sexual Conduct Against a Child in the
1st Degree Class C Violent Felony Offense |
70.02(1)(b), 110.00, 110.05(4) & 130.75 | |
| Course of Sexual Conduct Against a Child in the 2nd
Degree Class D Violent Felony Offense |
70.02(1)(c) & 130.80 | |
| Attempted Course of Sexual Conduct Against a Child in the
2nd Degree Class E Felony |
110.00, 110.05(6) & 130.80 | |
| Use of a Child in a Sexual Performance Class C Felony |
263.05 | |
| Attempted Use of a Child in a Sexual Performance Class D Felony |
110.00, 110.05(5) & 263.05 | |
Promoting an Obscene Sexual Performance by a Child Class D Felony |
263.10 | |
Attempted Promoting an Obscene Sexual Performance by a Child Class E Felony |
110.00, 110.05(6) & 263.10 | |
Promoting a Sexual Performance by a Child Class D Felony |
263.15 | |
Attempted Promoting a Sexual Performance by a Child Class E Felony |
110.00, 110.05(6) & 263.15 | |
Robbery in the 1st Degree Class B Violent Felony Offense |
70.02(1)(a) & 160.15 | |
Attempted Robbery in the 1st Degree Class C Violent Felony Offense |
70.02(1)(b), 110.00, 110.05(4) & 160.15 | |
Robbery in the 2nd Degree Class C Violent Felony Offense |
70.02(1)(b) & 160.10 | |
Attempted Robbery in the 2nd Degree Class D Violent Felony Offense |
70.02(1)(c), 110.00, 110.05(5) & 160.10 | |
Intimidating a Victim or Witness in the 1st Degree Class B Violent Felony Offense |
70.02(1)(a) & 215.17 | |
Attempted Intimidating a Victim or Witness in the 1st Degree Class C Violent Felony Offense |
70.02(1)(b), 110.00, 110.05(4) & 215.17 | |
| Intimidating a Victim or Witness in the 2nd
Degree Class D Violent Felony Offense |
70.02(1)(c) & 215.16 | |
| Attempted Intimidating a Victim or Witness in the 2nd
Degree Class E Felony |
110.00, 110.05(6) & 215.16 | |
| Unlawful Imprisonment in the 1st Degree Class E Felony |
135.10 | |
| Aggravated Harassment in the 1st Degree Class E Felony |
240.31 | |
| Criminal Use of a Firearm in the 1st Degree Class B Violent Felony Offense |
70.02(1)(a) & 265.09 | |
| Attempted Criminal Use of a Firearm in the 1st
Degree Class C Violent Felony Offense |
70.02(1)(b), 110.00, 110.05(4) & 265.09 | |
| Criminal Use of a Firearm in the 2nd Degree Class C Violent Felony Offense |
70.02(1)(b) & 265.08 | |
| Attempted Criminal Use of a Firearm in the 2nd
Degree Class D Violent Felony Offense |
70.02(1)(c), 110.00, 110.05(5) & 265.08 | |
| Burglary in the 2nd Degree Class C Violent Felony Offense |
70.02(1)(b) & 140.25 | |
| Attempted Burglary in the 2nd Degree Class D Violent Felony Offense |
70.02(1)(c), 110.00, 110.05(5) & 140.25 | |
| Field Memo on
Providing Safe Public School, August 29, 2002 Chapter 425 of the Laws of 2002, Relevant to Unsafe School Choice Provisions of Part 120 of the Commissioner's Regulations relevant to Unsafe School Choice |
||