{"jurisdiction": "us-ny", "code": "penal", "section": "265.08", "citation": "Penal Law § 265.08", "heading": "Criminal use of a firearm in the second degree", "text": ["§ 265.08 Criminal use of a firearm in the second degree.", "A person is guilty of criminal use of a firearm in the second degree when he commits any class C violent felony offense as defined in paragraph (b) of subdivision one of section 70.02 and he either:", "(1) possesses a deadly weapon, if the weapon is a loaded weapon from which a shot, readily capable of producing death or other serious injury may be discharged; or", "(2) displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm.", "Criminal use of a firearm in the second degree is a class C felony."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/265.08", "from_official_api": true, "plain_english": "Committing a class C violent felony under **§ 70.02(1)(b)** while either **possessing a loaded deadly weapon capable of firing a shot that can readily cause death or serious injury**, or **displaying what appears to be a firearm**, is second-degree criminal use of a firearm, a **class C felony**. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/265.08", "publisher": "Elyphived LLC"}