Menacing Part of Penal Law Article 120 Assault

Menacing Part of Penal Law Article 120 “Assault and Related Offenses” Final

Menacing • First, I will define common terms • Second I will break the following menacing offenses into elements: • Menacing 1 st Degree • Menacing 2 nd Degree – Reasonable Fear of Injury; Weapon • Menacing 2 nd Degree – Stalking • Menacing 3 rd Degree – Fear of Imminent Injury

Menacing: Common Definitions • Menacing • Conduct intended to place the victim is reasonable fear of imminent physical injury (People v Bartkow, 96 NY 2 d 770 [2001]). • Physical Injury • impairment of physical condition or substantial pain. (Penal Law § 10. 00 [9])

Menacing: Common Definitions • Substantial pain - • More than slight or trivial pain. • Pain need not, however, be severe or intense to be substantial (see People v Chiddick, 8 NY 3 d 445 [2007]) • Serious Physical Injury – • impairment of physical condition which creates a substantial risk of death, or causes death, or serious and protracted disfigurement, or protracted impairment of health or protracted loss or impairment of the function of any bodily organ (Penal Law § 10. 00 [10])

Menacing: Common Definitions continued… • Intentionally – • When a person’s conscious objective or purpose is to cause a particular result or to engage in particular conduct. (Penal Law § 15. 05)

The Basic Offense: Menacing 3 rd Degree (Fear of Imminent Injury) • Statute (Penal Law § 120. 15) – Class B misdemeanor • A person is guilty of Menacing in the Third Degree when, by physical menace, he or she intentionally places or attempts to place another person in fear of imminent serious physical injury or imminent physical injury. • Elevator – Displaying a weapon

The Basic Offense: Menacing 3 rd Degree (Fear of Imminent Injury) • Elements 1. Person placed or attempted to place another person in fear of death, or imminent serious physical injury, or imminent physical injury 2. Person did so intentionally

Menacing 2 nd Degree (Reasonable Fear of Injury; Weapon) Terms • Deadly Weapon – • any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged; or • any of the following : switchblade knife, gravity knife, pilum ballistic knife, dagger, billy, blackjack, metal knuckles, metal knuckle knife. (Penal Law § 10. 00 [12])

Menacing 2 nd Degree (Reasonable Fear of Injury; Weapon) Terms • Dangerous Instrument – • any instrument, article or substance (including a vehicle) 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. (Penal Law § 10. 00 [13])

Menacing 2 nd Degree (Reasonable Fear of Injury; Weapon) • Statute: Penal Law § 120. 14(1) - Class A misdemeanor • A person is guilty of Menacing in the 2 nd Degree when he or she intentionally places or attempts to place another person in reasonable fear of physical injury or serious physical injury or death by displaying a deadly weapon or dangerous instrument or what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm. • Elevator – Convicted of Menacing in the 2 nd

Menacing 2 nd Degree (Reasonable Fear of Injury; Weapon) • Elements 1. Person placed or attempted to place another person in reasonable fear of physical injury or serious physical injury or death, by displaying a deadly weapon or dangerous instrument or what appeared to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; and 2. Person did so intentionally.

Menacing 2 nd Degree (Stalking) • Statute Penal Law § 120. 14(2) - Class A misdemeanor • A person is guilty of Menacing in the 2 nd Degree when he or she repeatedly follows another person or engages in a course of conduct or repeatedy commits acts over a period of time intentionally placing or attempting to place another person in reasonable fear of physical injury (or serious physical injury or death).

Menacing 2 nd Degree (Stalking) • Elements: 1. Person repeatedly followed or engaged in a course of conduct or repeatedly committed acts over a period of time; and 2. By doing so, intentionally placed or attempted to place the another person in reasonable fear or physical injury or serious physical injury or death.

Menacing 1 st Degree (Previously Convicted) • Statute Penal Law § 120. 13 – Class E felony • A person is guilty of menacing in the first degree when he or she commits the crime of menacing in the second degree and has been previously convicted of the crime of menacing in the second degree or the crime of menacing a police officer within the preceding ten years.

Menacing 1 st Degree (Previously Convicted) • Elements Penal Law § 120. 13 – Class E felony 1. Person commits the crime of menacing in the second degree; and, 2. Person has been previously convicted of the crime of menacing in the second degree; or the crime of menacing a police officer; and 3. It is within the preceding ten years.