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N.Y. Penal Law § 5.05

Application of chapter to offenses committed before and after enactment

Applied in 1 court decision — leading case Rush v. Save My Home Corp. (2016)

Most recently applied in Rush v. Save My Home Corp. (December 2016)

2014-09-22

§ 5.05 Application of chapter to offenses committed before and after\n enactment.\n 1. The provisions of this chapter shall govern the construction of and\npunishment for any offense defined in this chapter and committed after\nthe effective date hereof, as well as the construction and application\nof any defense to a prosecution for such an offense.\n 2. Unless otherwise expressly provided, or unless the context\notherwise requires, the provisions of this chapter shall govern the\nconstruction of and punishment for any offense defined outside of this\nchapter and committed after the effective date thereof, as well as the\nconstruction and application of any defense to a prosecution for such an\noffense.\n 3. The provisions of this chapter do not apply to or govern the\nconstruction of and punishment for any offense committed prior to the\neffective date of this chapter, or the construction and application of\nany defense to a prosecution for such an offense. Such an offense must\nbe construed and punished according to the provisions of law existing at\nthe time of the commission thereof in the same manner as if this chapter\nhad not been enacted.\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.