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New York criminal charge

Misconduct by a juror in the second degree in New York

ViolationCurrent through 2026 New York legislative session

Misconduct by a juror in the second degree is a Violation under New York criminal law, defined by N.Y. Penal Law § 215.28. As a Violation, it is punishable within the statutory sentencing range New York sets for that offense class. New York classifies offenses as felonies (classes A-I and A-II through E), misdemeanors (classes A and B, plus unclassified), violations, and traffic infractions — and a violation or traffic infraction is not a crime (N.Y. Penal Law § 10.00(6); N.Y. Vehicle & Traffic Law § 155). Felony sentences divide into indeterminate and determinate schemes depending on the offense (N.Y. Penal Law §§ 70.00, 70.02).

Defined by N.Y. Penal Law § 215.28.

What is the penalty for misconduct by a juror in the second degree in New York?

Penalties for Misconduct by a juror in the second degree
PenaltyRangeBasisAuthority
Jail / prisonup to 15 days (definite sentence (PEN 70.15(4)); a violation is not a crime (PEN 10.00(6)) and conviction is not a criminal conviction)discretionaryN.Y. Penal Law § 70.15
Fineup to $250 (or up to double the defendant's gain (PEN 80.05(4), (5)))discretionaryN.Y. Penal Law § 70.15

Applies to current.

Common questions about misconduct by a juror in the second degree in New York

Is misconduct by a juror in the second degree a crime in New York?

Misconduct by a juror in the second degree is a violation in New York, and a violation is not a crime under New York Penal Law § 10.00(6) — a conviction is a noncriminal disposition, not a criminal conviction. Misconduct by a juror in the second degree is governed by N.Y. Penal Law § 215.28.

What are the penalties for misconduct by a juror in the second degree in New York?

As a Violation, misconduct by a juror in the second degree carries up to 15 days (the maximum authorized for the class) of incarceration and a fine of up to $250 (the maximum authorized for the class) under N.Y. Penal Law § 70.15 (current).

Which New York statute covers misconduct by a juror in the second degree?

Misconduct by a juror in the second degree is governed by N.Y. Penal Law § 215.28 (Misconduct by a juror in the second degree).

Legal terms used in this law

This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.