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N.Y. Penal Law § 490.25

Crime of terrorism

Applied in 1 court decision — leading case People v. Pimentel (2017)

Most recently applied in People v. Pimentel (April 2017)

2014-09-22

§ 490.25 Crime of terrorism.\n 1. A person is guilty of a crime of terrorism when, with intent to\nintimidate or coerce a civilian population, influence the policy of a\nunit of government by intimidation or coercion, or affect the conduct of\na unit of government by murder, assassination or kidnapping, he or she\ncommits a specified offense.\n 2. Sentencing.\n (a) When a person is convicted of a crime of terrorism pursuant to\nthis section, and the specified offense is a class B, C, D or E felony\noffense, the crime of terrorism shall be deemed a violent felony\noffense.\n (b) When a person is convicted of a crime of terrorism pursuant to\nthis section, and the specified offense is a class C, D or E felony\noffense, the crime of terrorism shall be deemed to be one category\nhigher than the specified offense the defendant committed, or one\ncategory higher than the offense level applicable to the defendant's\nconviction for an attempt or conspiracy to commit the offense, whichever\nis applicable.\n (c) When a person is convicted of a crime of terrorism pursuant to\nthis section, and the specified offense is a class B felony offense, the\ncrime of terrorism shall be deemed a class A-I felony offense and the\nsentence imposed upon conviction of such offense shall be in accordance\nwith section 70.00 of this chapter.\n (d) Notwithstanding any other provision of law, when a person is\nconvicted of a crime of terrorism pursuant to this section, and the\nspecified offense is a class A-I felony offense, the sentence upon\nconviction of such offense shall be life imprisonment without parole;\nprovided, however, that nothing herein shall preclude or prevent a\nsentence of death when the specified offense is murder in the first\ndegree as defined in section 125.27 of this chapter.\n

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.