new york state laws: proceedings and contempt

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JUDICIAL AND OTHER PROCEEDINGS -CRIMINAL CONTEMPT Suffolk County

Section 215.00 Bribing a witness

 A person is guilty of bribing a witness when he confers, or offers or agrees to confer, any benefit upon a witness or a person about to be called as a witness in any action or proceeding upon an agreement or understanding that (a) the testimony of such witness will thereby be influenced, or (b) such witness will absent himself from, or otherwise avoid or seek to avoid appearing or testifying at, such action or proceeding.

 Bribing a witness is a class D felony.
 

Section 215.05 Bribe receiving by a witness - Suffolk County

 A witness or a person about to be called as a witness in any action or proceeding is guilty of bribe receiving by a witness when he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that (a) his testimony will thereby be influenced, or (b) he will absent himself from, or otherwise avoid or seek to avoid appearing or testifying at, such action or proceeding.

 Bribe receiving by a witness is a class D felony.
 

Section 215.10 Tampering with a witness in the fourth degree - Suffolk County

 A person is guilty of tampering with a witness when, knowing that a person is or is about to be called as a witness in an action or proceeding, (a) he wrongfully induces or attempts to induce such person to absent himself from, or otherwise to avoid or seek to avoid appearing or testifying at, such action or proceeding, or (b) he knowingly makes any false statement or practices any fraud or deceit with intent to affect the testimony of such person.

 Tampering with a witness in the fourth degree is a class A misdemeanor.
 

Section 215.11 Tampering with a witness in the third degree - Suffolk County

 A person is guilty of tampering with a witness in the third degree when, knowing that a person is about to be called as a witness in a criminal proceeding:

 1. He wrongfully compels or attempts to compel such person to absent himself from, or otherwise to avoid or seek to avoid appearing or testifying at such proceeding by means of instilling in him a fear that the actor will cause physical injury to such person or another person;  or
 2. He wrongfully compels or attempts to compel such person to swear falsely by means of instilling in him a fear that the actor will cause physical injury to such person or another person.

 Tampering with a witness in the third degree is a class E felony.
 

Section 215.12 Tampering with a witness in the second degree - Suffolk County

 A person is guilty of tampering with a witness in the second degree when he:

 1. Intentionally causes physical injury to a person for the purpose of obstructing, delaying, preventing or impeding the giving of testimony in a criminal proceeding by such person or another person or for the purpose of compelling such person or another person to swear falsely;  or

 2. He intentionally causes physical injury to a person on account of such person or another person having testified in a criminal proceeding.

 Tampering with a witness in the second degree is a class D felony.
 

Section 215.13 Tampering with a witness in the first degree - Suffolk County

 A person is guilty of tampering with a witness in the first degree when:

 1. He intentionally causes serious physical injury to a person for the purpose of obstructing, delaying, preventing or impeding the giving of testimony in a criminal proceeding by such person or another person or for the purpose of compelling such person or another person to swear falsely;  or

 2. He intentionally causes serious physical injury to a person on account of such person or another person having testified in a criminal proceeding.

 Tampering with a witness in the first degree is a class B felony.
 

Section 215.14 Employer unlawfully penalizing witness or victim - Suffolk County

 1. Any person who is the victim of an offense upon which an accusatory instrument is based or, is subpoenaed to attend a criminal proceeding as a witness pursuant to article six hundred ten of the criminal procedure law or who exercises his rights as a victim as provided by section 380.50 or 390.30 of the criminal procedure law or subdivision two of section two hundred fifty-nine-i of the executive law and who notifies his employer or agent of his intent to appear as a witness, to consult with the district attorney, or to exercise his rights as provided in the criminal procedure law, the family court act and the executive law prior to the day of his attendance, shall not on account of his absence from employment by reason of such service be subject to discharge or penalty except as hereinafter provided.  Upon request of the employer or agent, the party who sought the attendance or testimony shall provide verification of the employee's service.  An employer may, however, withhold wages of any such employee during the period of such attendance.  The subjection of an employee to discharge or penalty on account of his absence from employment by reason of his required attendance as a witness at a criminal proceeding or consultation with the district attorney or exercise of his rights as provided under law shall constitute a class B misdemeanor.

 2. For purposes of this section, the term "victim" shall include the aggrieved party or the aggrieved party's next of kin, if the aggrieved party is deceased as a result of the offense, the representative of a victim as defined in subdivision six of section six hundred twenty-one of the executive law, a good samaritan as defined in subdivision seven of section six hundred twenty-one of such law or a person pursuing an application or enforcement of an order of protection under the criminal procedure law or the family court act.
 

Section 215.15 Intimidating a victim or witness in the third degree - Suffolk County

 A person is guilty of intimidating a victim or witness in the third degree when, knowing that another person possesses information relating to a criminal transaction and other than in the course of that criminal transaction or immediate flight therefrom, he:

 1. Wrongfully compels or attempts to compel such other person to refrain from communicating such information to any court, grand jury, prosecutor, police officer or peace officer by means of instilling in him a fear that the actor will cause physical injury to such other person or another person;  or

 2. Intentionally damages the property of such other person or another person for the purpose of compelling such other person or another person to refrain from communicating, or on account of such other person or another person having communicated, information relating to that criminal transaction to any court, grand jury, prosecutor, police officer or peace officer.

 Intimidating a victim or witness in the third degree is a class E felony.
 

Section 215.16 Intimidating a victim or witness in the second degree - Suffolk County

 A person is guilty of intimidating a victim or witness in the second degree when, other than in the course of that criminal transaction or immediate flight therefrom, he:

 1. Intentionally causes physical injury to another person for the purpose of obstructing, delaying, preventing or impeding the communication by such other person or another person of information relating to a criminal transaction to any court, grand jury, prosecutor, police officer or peace officer or for the purpose of compelling such other person or another person to swear falsely;  or

 2. Intentionally causes physical injury to another person on account of such other person or another person having communicated information relating to a criminal transaction to any court, grand jury, prosecutor, police officer or peace officer;  or

 3. Recklessly causes physical injury to another person by intentionally damaging the property of such other person or another person, for the purpose of obstructing, delaying, preventing or impeding such other person or another person from communicating, or on account of such other person or another person having communicated, information relating to a criminal transaction to any court, grand jury, prosecutor, police officer or peace officer.

 Intimidating a victim or witness in the second degree is a class D felony.
 

Section 215.17 Intimidating a victim or witness in the first degree - Suffolk County

 A person is guilty of intimidating a victim or witness in the first degree when, other than in the course of that criminal transaction or immediate flight therefrom, he:

 1. Intentionally causes serious physical injury to another person for the purpose of obstructing, delaying, preventing or impeding the communication by such other person or another person of information relating to a criminal transaction to any court, grand jury, prosecutor, police officer or peace officer or for the purpose of compelling such other person or another person to swear falsely;  or

 2. Intentionally causes serious physical injury to another person on account of such other person or another person having communicated information relating to a criminal transaction to any court, grand jury, prosecutor, police officer or peace officer.

 Intimidating a victim or witness in the first degree is a class B felony.
 

Section 215.19 Bribing a juror - Suffolk County

 A person is guilty of bribing a juror when he confers, or offers or agrees to confer, any benefit upon a juror upon an agreement or understanding that such juror's vote, opinion, judgment, decision or other action as a juror will thereby be influenced.

 Bribing a juror is a class D felony.
 

Section 215.20 Bribe receiving by a juror - Suffolk County

 A juror is guilty of bribe receiving by a juror when he solicits, accepts or agrees to accept any benefit from another person upon an agreement or understanding that his vote, opinion, judgment, decision or other action as a juror will thereby be influenced.

 Bribe receiving by a juror is a class D felony.
 

Section 215.22 Providing a juror with gratuity - Suffolk County

A person is guilty of providing a juror with gratuity when he or she, having been in a party in a concluded civil or criminal action or proceeding or having been a person with regard to whom a grand jury has taken action pursuant to any subdivision of section 190.60 of the criminal procedure law (or acting on behalf of such a party or such a person), directly or indirectly confers, offers to confer or agrees to confer upon a person whom he or she knows has served as a juror in such action or proceeding or on such grand jury benefit with intent to reward such person for such service.

 Providing a juror with gratuity is a class A misdemeanor.
 

Section 215.23 Tampering with a juror in the second degree - Suffolk County

 A person is guilty of tampering with a juror in the second degree when, prior to discharge of the jury, he:

 1. confers, or offers or agrees to confer, any payment or benefit upon a juror or upon a third person acting on behalf of such juror, in consideration for such juror or third person supplying information in relation to an action or proceeding pending or about to be brought before such juror;  or

 2. acting on behalf of a juror, accepts or agrees to accept any payment or benefit for himself or for such juror, in consideration for supplying any information in relation to an action or proceeding pending or about to be brought before such juror and prior to his discharge.

 Tampering with a juror in the second degree is a class B misdemeanor.
 

Section 215.25 Tampering with a juror in the first degree - Suffolk County

 A person is guilty of tampering with a juror in the first degree when, with intent to influence the outcome of an action or proceeding, he communicates with a juror in such action or proceeding, except as authorized by law.

 Tampering with a juror in the first degree is a class A misdemeanor.
 

Section 215.28 Misconduct by a juror in the second degree - Suffolk County

 A person is guilty of misconduct by a juror in the second degree when, in relation to an action or proceeding pending or about to be brought before him and prior to discharge, he accepts or agrees to accept any payment or benefit for himself or for a third person in consideration for supplying any information concerning such action or proceeding.

 Misconduct by a juror in the second degree is a violation.
 

Section 215.30 Misconduct by a juror in the first degree - Suffolk County

 A juror is guilty of misconduct by a juror in the first degree when, in relation to an action or proceeding pending or about to be brought before him, he agrees to give a vote, opinion, judgment, decision or report for or against any party to such action or proceeding.

 Misconduct by a juror in the first degree is a class A misdemeanor.
 

Section 215.35 Tampering with physical evidence;  definitions of terms - Suffolk County

 The following definitions are applicable to section 215.40:

 1. "Physical evidence" means any article, object, document, record or other thing of physical substance which is or is about to be produced or used as evidence in an official proceeding.

 2. "Official proceeding" means any action or proceeding conducted by or before a legally constituted judicial, legislative, administrative or other governmental agency or official, in which evidence may properly be received.
 

Section 215.40 Tampering with physical evidence - Suffolk County

 A person is guilty of tampering with physical evidence when:

  1. With intent that it be used or introduced in an official proceeding or a prospective official proceeding, he (a) knowingly makes, devises or prepares false physical evidence, or (b) produces or offers such evidence at such a proceeding knowing it to be false;  or

  2. Believing that certain physical evidence is about to be produced or used in an official proceeding or a prospective official proceeding, and intending to prevent such production or use, he suppresses it by any act of concealment,  alteration or destruction, or by employing force, intimidation or deception against any person.

 Tampering with physical evidence is a class E felony.
 

Section 215.45 Compounding a crime - Suffolk County

 1. A person is guilty of compounding a crime when:

  (a) He solicits, accepts or agrees to accept any benefit upon an agreement or understanding that he will refrain from initiating a prosecution for a crime; or

  (b) He confers, or offers or agrees to confer, any benefit upon another person upon an agreement or understanding that such other person will refrain from initiating a prosecution for a crime.

 2. In any prosecution under this section, it is an affirmative defense that the benefit did not exceed an amount which the defendant reasonably believed to be due as restitution or indemnification for harm caused by the crime.

 Compounding a crime is a class A misdemeanor.
 

Section 215.50 Criminal contempt in the second degree - Suffolk County

 A person is guilty of criminal contempt in the second degree when he engages in any of the following conduct:

  1. Disorderly, contemptuous, or insolent behavior, committed during the sitting of a court, in its immediate view and presence and directly tending to interrupt its proceedings or to impair the respect due to its authority;  or

  2. Breach of the peace, noise, or other disturbance, directly tending to interrupt a court's proceedings;  or

  3. Intentional disobedience or resistance to the lawful process or other mandate of a court except in cases involving or growing out of labor disputes as defined by subdivision two of section seven hundred fifty-three-a of the judiciary law;  or

  4. Contumacious and unlawful refusal to be sworn as a witness in any court proceeding or, after being sworn, to answer any legal and proper interrogatory;  or

  5. Knowingly publishing a false or grossly inaccurate report of a court's proceeding;  or

  6. Intentional failure to obey any mandate, process or notice, issued pursuant to articles sixteen, seventeen, eighteen, or eighteen-a of the judiciary law, or to rules adopted pursuant to any such statute or to any special statute establishing commissioners of jurors and prescribing their duties or who refuses to be sworn as provided therein; or

  7. On or along a public street or sidewalk within a radius of two hundred feet of any building established as a courthouse, he calls aloud, shouts, holds or displays placards or signs containing written or printed matter, concerning the conduct of a trial being held in such courthouse or the character of the court or jury engaged in such trial or calling for or demanding any specified action or determination by such court or jury in  connection with such trial.

 Criminal contempt in the second degree is a class A misdemeanor.
 

Section 215.51 Criminal contempt in the first degree - Suffolk County

 A person is guilty of criminal contempt in the first degree when:

 (a) he contumaciously and unlawfully refuses to be sworn as a witness before a grand jury, or, when after having been sworn as a witness before a grand jury, he refuses to answer any legal and proper interrogatory;  or

 (b) in violation of a duly served order of protection, or such order of which the defendant has actual knowledge because he or she was present in court when such order was issued, or an order of protection issued by a court of competent jurisdiction in this or another state, territorial or tribal jurisdiction, he or she:

  (i) intentionally places or attempts to place a person for whose protection such order was issued in reasonable fear of physical injury, serious physical injury or death by displaying a deadly weapon, dangerous instrument or what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm or by means of a threat or threats;  or

  (ii) intentionally places or attempts to place a person for whose protection such order was issued in reasonable fear of physical injury, serious physical injury or death by repeatedly following such person or engaging in a course of conduct or repeatedly committing acts over a period of time;  or

  (iii) intentionally places or attempts to place a person for whose protection such order was issued in reasonable fear of physical injury, serious physical injury or death when he or she communicates or causes a communication to be initiated with such person by mechanical or electronic means or otherwise, anonymously or otherwise, by telephone, or by telegraph, mail or any other form of written communication;  or

  (iv) with intent to harass, annoy, threaten or alarm a person for whose protection such order was issued, repeatedly makes telephone calls to such person, whether or not a conversation ensues, with no purpose of legitimate communication;  or

  (v) with intent to harass, annoy, threaten or alarm a person for whose protection such order was issued, strikes, shoves, kicks or otherwise subjects such other person to physical contact or attempts or threatens to do the same;  or

  (vi) by physical menace, intentionally places or attempts to place a person for whose protection such order was issued in reasonable fear of death, imminent serious physical injury or physical injury.

 (c) he or she commits the crime of criminal contempt in the second degree as defined in subdivision three of section 215.50 of this article by violating that part of a duly served order of protection, or such order of which the defendant has actual knowledge because he or she was present in court when such order was issued, under sections two hundred forty and two hundred fifty-two of the domestic relations law, articles four, five, six and eight of the family court act and section 530.12 of the criminal procedure law, or an order of protection issued by a court of competent jurisdiction in another state, territorial or tribal jurisdiction, which requires the respondent or defendant to stay away from the person or persons on whose behalf the order was issued, and where the defendant has been previously convicted of the crime of criminal contempt in the second degree by violating an order of protection as described herein within the preceding five years;  or

 (d) in violation of a duly served order of protection, or such order of which the defendant has actual knowledge because he was present in court when such order was issued, or an order issued by a court of competent jurisdiction in this or another state, territorial or tribal jurisdiction, he intentionally or recklessly damages the property of a person for whose protection such order was issued in an amount exceeding two hundred fifty dollars.

 Criminal contempt in the first degree is a class E felony.
 

Section 215.52 Aggravated criminal contempt - Suffolk County

 A person is guilty of aggravated criminal contempt when in violation of a duly served order of protection, or such order of which the defendant has actual knowledge because he or she was present in court when such order was issued, or an order of protection issued by a court of competent jurisdiction in another state, territorial or tribal jurisdiction, he or she intentionally or recklessly causes physical injury or serious physical injury to a person for whose protection such order was issued.

 Aggravated criminal contempt is a class D felony.
 

Section 215.54 Criminal contempt;  prosecution and punishment - Suffolk County

 Adjudication for criminal contempt under subdivision A of section seven hundred fifty of the judiciary law shall not bar a prosecution for the crime of criminal contempt under section 215.50 based upon the same conduct but, upon conviction thereunder, the court, in sentencing the defendant shall take the previous punishment into consideration.
 

Section 215.55 Bail jumping in the third degree - Suffolk County

 A person is guilty of bail jumping in the third degree when by court order he has been released from custody or allowed to remain at liberty, either upon bail or upon his own recognizance, upon condition that he will subsequently appear personally in connection with a criminal action or proceeding, and when he does not appear personally on the required date or voluntarily within thirty days thereafter.

 Bail jumping in the third degree is a class A misdemeanor.
 

Section 215.56 Bail jumping in the second degree - Suffolk County

 A person is guilty of bail jumping in the second degree when by court order he has been released from custody or allowed to remain at liberty, either upon bail or upon his own recognizance, upon condition that he will subsequently appear personally in connection with a charge against him of committing a felony, and when he does not appear personally on the required date or voluntarily within thirty days thereafter.

 Bail jumping in the second degree is a class E felony.
 

Section 215.57 Bail jumping in the first degree - Suffolk County

 A person is guilty of bail jumping in the first degree when by court order he has been released from custody or allowed to remain at liberty, either upon bail or upon his own recognizance, upon condition that he will subsequently appear personally in connection with an indictment pending against him which charges him with the commission of a class A or class B felony, and when he does not appear personally on the required date or voluntarily within thirty days thereafter.

 Bail jumping in the first degree is a class D felony.
 

Section 215.58 Failing to respond to an appearance ticket - Suffolk County

 1. A person is guilty of failing to respond to an appearance ticket when, having been personally served with an appearance ticket, as defined in subdivision two, based upon his alleged commission of a crime, he does not appear personally in the court in which such appearance ticket is returnable on the return date thereof or voluntarily within thirty days thereafter.

 2. As used in this section, an appearance ticket means a written notice, whether referred to as a summons or by any other name, issued by a police officer, peace officer or other non-judicial public servant authorized by law to issue the same, directing a designated person to appear in a designated court at a designated future time in connection with a criminal action to be instituted in such court with respect to his alleged commission of a designated offense.

 3. This section does not apply to any case in which an alternative to response to an appearance ticket is authorized by law and the actor complies with such alternative procedure.

 Failing to respond to an appearance ticket is a violation.
 

Section 215.59 Bail jumping and failing to respond to an appearance ticket;  defense - Suffolk County

 In any prosecution for bail jumping or failing to respond to an appearance ticket, it is an affirmative defense that:

 1. The defendant's failure to appear on the required date or within thirty days thereafter was unavoidable and due to circumstances beyond his control; and

 2. During the period extending from the expiration of the thirty day period to the commencement of the action, the defendant either:

  (a) appeared voluntarily as soon as he was able to do so, or

  (b) although he did not so appear, such failure of appearance was unavoidable and due to circumstances beyond his control.
 

Section 215.60 Criminal contempt of the legislature - Suffolk County

 A person is guilty of criminal contempt of the legislature when, having been duly subpoenaed to attend as a witness before either house of the legislature or before any committee thereof, he:

  1. Fails or refuses to attend without lawful excuse;  or

  2. Refuses to be sworn;  or

  3. Refuses to answer any material and proper question;  or

  4. Refuses, after reasonable notice, to produce books, papers, or documents in his possession or under his control which constitute material and proper  evidence.

 Criminal contempt of the legislature is a class A misdemeanor.
 

Section 215.65 Criminal contempt of a temporary state commission - Suffolk County

 A person is guilty of criminal contempt of a temporary state commission when, having been duly subpoenaed to attend as a witness at an investigation or hearing before a temporary state commission, he fails or refuses to attend without lawful excuse.

 Criminal contempt of a temporary state commission is a class A misdemeanor.
 

Section 215.66 Criminal contempt of the state commission on judicial conduct - Suffolk County

 A person is guilty of criminal contempt of the state commission on judicial conduct when, having been duly subpoenaed to attend as a witness at an investigation or hearing before the commission or a referee designated by the commission, he fails or refuses to attend without lawful excuse.

 Criminal contempt of the state commission on judicial conduct is a class A misdemeanor.
 

Section 215.70 Unlawful grand jury disclosure - Suffolk County

 A person is guilty of unlawful grand jury disclosure when, being a grand juror, a public prosecutor, a grand jury stenographer, a grand jury interpreter, a police officer or a peace officer guarding a witness in a grand jury proceeding, or a clerk, attendant, warden or other public servant having official duties in or about a grand jury room or proceeding, or a public officer or public employee, he intentionally discloses to another the nature or substance of any grand jury testimony, or any decision, result or other matter attending a grand jury proceeding which is required by law to be kept secret, except in the proper discharge of his official duties or upon written order of the court.  Nothing contained herein shall prohibit a witness from disclosing his own testimony.

 Unlawful grand jury disclosure is a class E felony.
 

Section 215.75 Unlawful disclosure of an indictment - Suffolk County

 A public servant is guilty of unlawful disclosure of an indictment when, except in the proper discharge of his official duties, he intentionally discloses the fact that an indictment has been found or filed before the accused person is in custody.

 Unlawful disclosure of an indictment is a class B misdemeanor.
 

Section 215.80 Unlawful disposition of assets subject to forfeiture - Suffolk County

 Any defendant in a forfeiture action pursuant to article thirteen-A of the civil practice law and rules who knowingly and intentionally conceals, destroys, dissipates, alters, removes from the jurisdiction, or otherwise disposes of, property specified in a provisional remedy ordered by the court or in a judgment of forfeiture in knowing contempt of said order shall be guilty of a class A misdemeanor.

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