Penal Law § 115.08

Criminal facilitation in the first degree  ·  as in force on May 31, 2026

§ 115.08 Criminal facilitation in the first degree.

A person is guilty of criminal facilitation in the first degree when, believing it probable that he is rendering aid to a person under sixteen years of age who intends to engage in conduct that would constitute a class A felony, he, being over eighteen years of age, engages in conduct which provides such person with means or opportunity for the commission thereof and which in fact aids such person to commit such a class A felony.

Criminal facilitation in the first degree is a class B felony.

Official sourcehttps://www.nysenate.gov/legislation/laws/PEN/115.08

In plain English

A person over 18 commits first-degree criminal facilitation by believing it probable that the person is aiding someone under 16 who intends a class A felony, and providing means or opportunity that actually helps the younger person commit that felony. ★ It is a class B felony.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.