§ 15.05 Culpability; definitions of culpable mental states.\n The following definitions are applicable to this chapter:\n 1. "Intentionally." A person acts intentionally with respect to a\nresult or to conduct described by a statute defining an offense when his\nconscious objective is to cause such result or to engage in such\nconduct.\n 2. "Knowingly." A person acts knowingly with respect to conduct or to\na circumstance described by a statute defining an offense when he is\naware that his conduct is of such nature or that such circumstance\nexists.\n 3. "Recklessly." A person acts recklessly with respect to a result or\nto a circumstance described by a statute defining an offense when he is\naware of and consciously disregards a substantial and unjustifiable risk\nthat such result will occur or that such circumstance exists. The risk\nmust be of such nature and degree that disregard thereof constitutes a\ngross deviation from the standard of conduct that a reasonable person\nwould observe in the situation. A person who creates such a risk but is\nunaware thereof solely by reason of voluntary intoxication also acts\nrecklessly with respect thereto.\n 4. "Criminal negligence." A person acts with criminal negligence with\nrespect to a result or to a circumstance described by a statute defining\nan offense when he fails to perceive a substantial and unjustifiable\nrisk that such result will occur or that such circumstance exists. The\nrisk must be of such nature and degree that the failure to perceive it\nconstitutes a gross deviation from the standard of care that a\nreasonable person would observe in the situation.\n
N.Y. Penal Law § 15.05
Culpability; definitions of culpable mental states
Applied in 85 court decisions — leading case Garcia v. Does 1-40 (2014)
Most recently applied in People v. Branch (Elisha) (April 2025)
2014-09-22
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.