Appendix 1: New York State Penal Code
- NYS Open Legislation | NYSenate.gov
- NYS Penal Law Definition of Stalking (sections 120.45, 120.50, 120.55, 120.60)
- NYS Penal Law Article 130: Sex Offenses
Appendix 2: Orders of Protection
Appendix 3: Definitions Under the Violence Against Women Act (VAWA)
Awareness programs means community-wide or audience-specific programming, initiatives, and strategies that increase audience knowledge and share information and resources to prevent violence, promote safety, and reduce perpetration.
Ongoing prevention and awareness campaigns means programming, initiatives, and strategies that are sustained over time and focus on increasing understanding of topics relevant to and skills for addressing dating violence, domestic violence, sexual assault, and stalking, using a range of strategies with audiences throughout the institution.
Primary prevention programs means programming, initiatives, and strategies informed by research or assessed for value, effectiveness, or outcome that are intended to stop dating violence, domestic violence, sexual assault, and stalking before they occur through the promotion of positive and healthy behaviors that foster healthy, mutually respectful relationships and sexuality, encourage safe bystander intervention, and seek to change behavior and social norms in healthy and safe directions.
Risk reduction means options designed to decrease perpetration and bystander inaction, and to increase empowerment for victims in order to promote safety and to help individuals and communities address conditions that facilitate violence.
Bystander intervention means safe and positive options that may be carried out by an individual or individuals to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual assault, or stalking. Bystander intervention includes recognizing situations of potential harm, understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking action to intervene.
Proceeding means all activities related to a noncriminal resolution of an institutional disciplinary complaint, including, but not limited to, fact finding investigations, formal or informal meetings, and hearings. Proceeding does not include communications and meetings between officials and victims concerning accommodations or protective measures to be provided to a victim.
Result means any initial, interim, and final decision by any official or entity authorized to resolve disciplinary matters within the institution. The result must include any sanctions imposed by the institution. Notwithstanding section 444 of the General Education Provisions Act (20 U.S.C.1232g), commonly referred to as the Family Educational Rights and Privacy Act (FERPA). The result must also include the rationale for the result and the sanctions.
The Uniform Crime Reporting (UCR) Program and VAWA Definition of Sexual Assault
- Rape is defined as the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
- Fondling is defined as the touching of the private parts of another person for the purposes of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
- Incest is defined as sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Statutory rape is defined as sexual intercourse with a person who is under the statutory age of consent.
Appendix 4: Alcohol and Other Drugs Penal Law
Summary of State and Federal Laws Regarding Possession and Distribution of Illegal Drugs
- New York Law Narcotic and Marijuana Offenses
- Simple Possession: Depending upon the drug and the quantity possessed, this offense may be a misdemeanor (Class A or B) or a felony (Class A-I, A-II, B, C, D, or E). Private possession of less than 25g of a substance, compound, or mixture containing marijuana is a violation.
- Possession Plus Intent to Sell: A Class B, C, or D felony depending upon the drug, the quantity of the drug involved, and whether the accused has any prior convictions for drug-related offenses. Does not apply to marijuana.
- Sale of Narcotics or Marijuana: Generally, a felony of varying degree depending upon the drug and the quantity sold. It is a Class B misdemeanor to transfer (for no money) one marijuana cigarette or less than 2g of marijuana to an adult (18 years of age or older), and a Class A misdemeanor to sell up to 25g of marijuana to an adult; all other offenses involving the sale of marijuana are felonies.
- Potential Penalties for Conviction
- Marijuana Violation: First offense, fine up to $100; second offense, fine up to $200; third offense, fine up to $250 and/or imprisonment for up to 15 days. Conditional discharge (similar to probation) plus fine also possible. Surcharges and victim assistance fees of $45.
- Class B Misdemeanor: Imprisonment for up to 3 months, conditional discharge, fine to $500, restitution/reparation, or a combination of the above. Surcharges and victim assistance fees of $90.
- Class A Misdemeanor: Imprisonment for up to one year, conditional discharge, fine to $1,000, restitution/reparation, or a combination of the above. Surcharges and victim assistance fees of $90.
- Felonies: Depending upon the offense and whether the accused has prior felony convictions, penalties may include imprisonment (mandatory for Class A, B, and C felonies) for terms ranging from less than one year up to life, fines ranging from $5,000 or less up to $100,000, property forfeiture, probation, or conditional discharge and restitution/reparation. Also possible: lifetime probation in return for material assistance to law enforcement (not available for Class A-I felonies). Surcharges and victim assistance fees of $155.
- Federal Law Controlled Substances (Including Marijuana)
- Simple Possession: Punishable by imprisonment of up to one year, a fine of at least $1,000, or both. If accused has one or more prior convictions for drug-related offenses, imprisonment becomes mandatory for 15 to 90 days and fines increase to a minimum of $2,500 to $5,000. Penalties for possession of at least 5g of crack cocaine include a mandatory jail term of 5 to 20 years and a minimum fine of $1,000; the quantity of the drug required for penalty decreases if the accused has prior drug-related convictions. A person convicted of possession is also subject to a fine for the costs of investigation and prosecution of the offense. Possession of a personal use amount of certain controlled substances (including but not limited to LSD, heroin, cocaine, and marijuana) is punishable by a civil penalty of up to $10,000 for each offense.
- Manufacture, Distribution, Dispensation, and Possession with the Intent to Manufacture, Distribute, or Dispense: Depending upon the substance involved and the quantity, penalties may include imprisonment for prescribed terms from less than one year to life, supervised release (probation), criminal fines ranging from $1,000 to more than $1,000,000, and forfeiture of property that constitutes or is derived of proceeds obtained as a result of the offense or that was used or intended to be used in committing or facilitating commission of the offense. Penalties are subject to doubling or tripling for distribution to persons under the age of 21, distribution or manufacture in or near a school or college, and if the accused has prior drug-related convictions.
- Attempt and Conspiracy: Attempts to commit drug offenses and conspiracy to commit such offenses are subject to the same penalties as those prescribed for the offense itself.
Summary of State and City Alcohol Laws
- Age of Majority—Unlawful Consumption Under 21: It is illegal for anyone under the age of 21 to consume alcoholic beverages, or to possess alcohol with the intention of consuming it. Any person who unlawfully possesses an alcoholic beverage with intent to consume may be summoned before and examined by a court having jurisdiction. Such persons are not subject to arrest. However, persons found in violation of this law may have a fine imposed by the court not exceeding $50 and/ or completion of an alcohol awareness program and/or an appropriate amount of community service not to exceed 30 hours.
- Age of Majority—Prohibited Deliveries and Sales: No person shall sell, deliver, give away, cause, permit or procure to be sold, delivered, or given away any alcoholic beverages to any person, actually or apparently, under the legal age of 21. Violations of this section are deemed misdemeanors.
- Age of Majority—Prohibited Deliveries and Sales: No person shall sell, deliver, give away, cause, permit or procure to be sold, delivered, or given away any alcoholic beverages to any visibly intoxicated person. Violations of this section are deemed misdemeanors.
- Age of Majority—Fraudulent Means: No person under the age of 21 may present or offer false or fraudulent written identification of age, or the identification of another, for the purpose of purchasing or attempting to purchase any alcoholic beverages. If one is found to have done so, he or she is guilty of a violation punishable by a fine of not more than $100 and/or an appropriate amount of community service not to exceed 30 hours and/or completion of an alcohol awareness program. Further, upon determination of a violation of this section, a court may suspend the violator’s New York driver’s license for 90 days.
- Liability for Promoting or Causing Minor’s Intoxication
- Furnishing or Assisting: Any person injured in person, property, means of support, or otherwise by reason of the intoxication or impairment of ability of any person under 21 shall have the right of action to recover actual damages against any person who knowingly causes such intoxication or impairment of ability by unlawfully furnishing to or unlawfully assisting in procuring alcoholic beverages for such person with knowledge or reasonable cause to believe that such person was under 21 years old.
- Selling or Assisting: Any person injured in person, property, means of support, or otherwise by reason of the intoxication of any person shall have a right of action against any person who shall, by unlawfully selling to or unlawfully assisting in procuring liquor for such intoxicated person, have caused or contributed to such intoxication; and in any such action such person has a right to recover actual and exemplary damages.
- City of Yonkers ordinances prohibit the possession of open containers containing alcoholic beverages in any area to which the public is invited and which is not fully enclosed, including private streets open to public vehicular traffic. Violations are deemed Class III offenses, punishable by criminal fines of not more than $250 and civil penalties of not more than $500. Repeat offenders may face fines and penalties of up to $2,500 and $10,000, respectively, and/or imprisonment of up to one year.