New York statute
N.Y. Penal Law § 115.10 — Criminal facilitation; no defense
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 115: Criminal Facilitation, New York Penal Law.
Full text of N.Y. Penal Law § 115.10
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
115.10 Criminal facilitation; no defense.
It is no defense to a prosecution for criminal facilitation that:
1. The person facilitated was not guilty of the underlying felony
owing to criminal irresponsibility or other legal incapacity or
exemption, or to unawareness of the criminal nature of the conduct in
question or to other factors precluding the mental state required for
the commission of such felony; or
2. The person facilitated has not been prosecuted for or convicted of
the underlying felony, or has previously been acquitted thereof; or
3. The defendant himself is not guilty of the felony which he
facilitated because he did not act with the intent or other culpable
mental state required for the commission thereof.
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