Section 30.00. Infancy


Latest version.
  • 1.  Except  as  provided  in subdivision two of this section, a person
      less than sixteen 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 the penal law; 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);  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; 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 the penal law.
        3.  In any prosecution for an offense, lack of criminal responsibility
      by reason of infancy, as defined in this section, is a defense.