Skip to main content

Penal Law § 20.05 · Article 20. Parties to Offenses and Liability Through Accessorial Conduct

Criminal liability for conduct of another; no defense

Verbatim from the official edition

Text — Law content up to date as of October 23, 2026, as published by the New York State Senate (Open Legislation)

§ 20.05 Criminal liability for conduct of another; no defense.

In any prosecution for an offense in which the criminal liability of the defendant is based upon the conduct of another person pursuant to section 20.00, it is no defense that:

1. Such other person is not guilty of the offense in question owing to criminal irresponsibility or other legal incapacity or exemption, or to unawareness of the criminal nature of the conduct in question or of the defendant's criminal purpose or to other factors precluding the mental state required for the commission of the offense in question; or

2. Such other person has not been prosecuted for or convicted of any offense based upon the conduct in question, or has previously been acquitted thereof, or has legal immunity from prosecution therefor; or

3. The offense in question, as defined, can be committed only by a particular class or classes of persons, and the defendant, not belonging to such class or classes, is for that reason legally incapable of committing the offense in an individual capacity.

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/PEN20.05
Text hash
sha256 e8eb12a2a7a5628a5eac0ae84434c9d79a5d2f30e2db154aae086ab610489408
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.