Penal Law § 15.10

Requirements for criminal liability in general and for offenses of strict liability and mental culpability  ·  as in force on May 31, 2026

§ 15.10 Requirements for criminal liability in general and for offenses

of strict liability and mental culpability.

The minimal requirement for criminal liability is the performance by a person of conduct which includes a voluntary act or the omission to perform an act which he is physically capable of performing. If such conduct is all that is required for commission of a particular offense, or if an offense or some material element thereof does not require a culpable mental state on the part of the actor, such offense is one of "strict liability." If a culpable mental state on the part of the actor is required with respect to every material element of an offense, such offense is one of "mental culpability."

Official sourcehttps://www.nysenate.gov/legislation/laws/PEN/15.10

In plain English

The minimum for any criminal liability is conduct that includes a voluntary act, or a failure to do an act the person was physically able to do. An offense that needs nothing more, or that needs no mental state for some material element, is a strict liability offense. ★ One that requires a mental state for every material element is an offense of mental culpability.

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.