Penal Law § 115.10 · Article 115. Criminal Facilitation
Criminal facilitation; no defense
Text — Law content up to date as of October 23, 2026, as published by the New York State Senate (Open Legislation)
§ 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.
Source of truth
- Edition
- Law content up to date as of October 23, 2026, as published by the New York State Senate (Open Legislation)
- Official file
- https://legislation.nysenate.gov/pdf/laws/PEN115.10
- Text hash
- sha256 3e6b99ed60375b2be0244d70e6012b238bc37320446c9d13b8681aea8ffabfdd
- Composed by
- gen_ny_statutes.py 2026-11-10: the Senate's Open Legislation law tree (GET /api/3/laws/<ID>?full=true) read in document order; the Senate's PDF of the whole law (GET /pdf/laws/<ID>?full=true), read with PDFium, prints the same words in the same order
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.