{"jurisdiction": "us-ny", "code": "penal", "section": "15.05", "citation": "Penal Law § 15.05", "heading": "Culpability; definitions of culpable mental states", "text": ["§ 15.05 Culpability; definitions of culpable mental states.", "The following definitions are applicable to this chapter:", "1. \"Intentionally.\" A person acts intentionally with respect to a result or to conduct described by a statute defining an offense when his conscious objective is to cause such result or to engage in such conduct.", "2. \"Knowingly.\" A person acts knowingly with respect to conduct or to a circumstance described by a statute defining an offense when he is aware that his conduct is of such nature or that such circumstance exists.", "3. \"Recklessly.\" A person acts recklessly with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.  A person who creates such a risk but is unaware thereof solely by reason of voluntary intoxication also acts recklessly with respect thereto.", "4. \"Criminal negligence.\" A person acts with criminal negligence with respect to a result or to a circumstance described by a statute defining an offense when he fails to perceive a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/15.05", "from_official_api": true, "plain_english": "The four culpable mental states the Penal Law uses:\n- **(1) Intentionally:** causing the result, or engaging in the conduct, is the person's **conscious objective**.\n- **(2) Knowingly:** the person is **aware** that the conduct is of that nature, or that the circumstance exists.\n- **(3) Recklessly:** the person is **aware of and consciously disregards** a substantial and unjustifiable risk that the result will occur or the circumstance exists, and disregarding it is a **gross deviation** from what a reasonable person would do. A person unaware of the risk **solely because of voluntary intoxication** still acts recklessly. ★\n- **(4) Criminal negligence:** the person **fails to perceive** a substantial and unjustifiable risk, and that failure is a **gross deviation** from the care a reasonable person would use. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/15.05", "publisher": "Elyphived LLC"}