Penal Law § 5.05

Application of chapter to offenses committed before and after enactment · as in force on May 31, 2026

§ 5.05 Application of chapter to offenses committed before and after

enactment.

1. The provisions of this chapter shall govern the construction of and punishment for any offense defined in this chapter and committed after the effective date hereof, as well as the construction and application of any defense to a prosecution for such an offense.

2. Unless otherwise expressly provided, or unless the context otherwise requires, the provisions of this chapter shall govern the construction of and punishment for any offense defined outside of this chapter and committed after the effective date thereof, as well as the construction and application of any defense to a prosecution for such an offense.

3. The provisions of this chapter do not apply to or govern the construction of and punishment for any offense committed prior to the effective date of this chapter, or the construction and application of any defense to a prosecution for such an offense. Such an offense must be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if this chapter had not been enacted.

Official sourcehttps://www.nysenate.gov/legislation/laws/PEN/5.05

In plain English

Which law applies depends on when the offense was committed:

(1) For offenses defined in the Penal Law and committed after it took effect, the Penal Law governs how they are read and punished, and how defenses apply.
(2) The same goes for offenses defined outside the Penal Law and committed after it took effect, unless a law says otherwise or the context requires otherwise.
(3) An offense committed before the Penal Law took effect is read and punished under the law in force when it was committed, as if the Penal Law had never been enacted. ★

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.