Penal Law § 15.00

Culpability; definitions of terms · as in force on May 31, 2026

§ 15.00 Culpability; definitions of terms.

The following definitions are applicable to this chapter:

1. "Act" means a bodily movement.

2. "Voluntary act" means a bodily movement performed consciously as a result of effort or determination, and includes the possession of property if the actor was aware of his physical possession or control thereof for a sufficient period to have been able to terminate it.

3. "Omission" means a failure to perform an act as to which a duty of performance is imposed by law.

4. "Conduct" means an act or omission and its accompanying mental state.

5. "To act" means either to perform an act or to omit to perform an act.

6. "Culpable mental state" means "intentionally" or "knowingly" or "recklessly" or with "criminal negligence," as these terms are defined in section 15.05.

Official sourcehttps://www.nysenate.gov/legislation/laws/PEN/15.00

In plain English

Basic definitions used throughout the Penal Law:

(1) An act is a bodily movement.
(2) A voluntary act is one done consciously, by effort or determination. It includes possessing property if the person knew they had it long enough to have gotten rid of it. ★
(3) An omission is a failure to do something the law requires you to do.
(4) Conduct is an act or omission together with its mental state.
(5) To act means either to act or to fail to act.
(6) A culpable mental state is acting intentionally, knowingly, recklessly, or with criminal negligence, as defined in § 15.05.

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.