{"jurisdiction": "us-ny", "code": "penal", "section": "60.06", "citation": "Penal Law § 60.06", "heading": "Authorized disposition; murder in the first degree offenders; aggravated murder offenders; certain murder in the second degree offenders;...", "text": ["§ 60.06 Authorized disposition; murder in the first degree offenders;", "aggravated murder offenders; certain murder in the second", "degree offenders; certain terrorism offenders; criminal", "possession of a chemical weapon or biological weapon", "offenders; criminal use of a chemical weapon or biological", "weapon offenders.", "When a defendant is convicted of murder in the first degree as defined in section 125.27 of this chapter, the court shall, in accordance with the provisions of section 400.27 of the criminal procedure law, sentence the defendant to death, to life imprisonment without parole in accordance with subdivision five of section 70.00 of this title, or to a term of imprisonment for a class A-I felony other than a sentence of life imprisonment without parole, in accordance with subdivisions one through three of section 70.00 of this title. When a person is convicted of murder in the second degree as defined in subdivision five of section 125.25 of this chapter or of the crime of aggravated murder as defined in subdivision one of section 125.26 of this chapter, the court shall sentence the defendant to life imprisonment without parole in accordance with subdivision five of section 70.00 of this title. When a defendant is convicted of the crime of terrorism as defined in section 490.25 of this chapter, and the specified offense the defendant committed is a class A-I felony offense, or when a defendant is convicted of the crime of criminal possession of a chemical weapon or biological weapon in the first degree as defined in section 490.45 of this chapter, or when a defendant is convicted of the crime of criminal use of a chemical weapon or biological weapon in the first degree as defined in section 490.55 of this chapter, the court shall sentence the defendant to life imprisonment without parole in accordance with subdivision five of section 70.00 of this title; provided, however, that nothing in this section shall preclude or prevent a sentence of death when the defendant is also convicted of murder in the first degree as defined in section 125.27 of this chapter. When a defendant is convicted of aggravated murder as defined in subdivision two of section 125.26 of this chapter, the court shall sentence the defendant to life imprisonment without parole or to a term of imprisonment for a class A-I felony other than a sentence of life imprisonment without parole, in accordance with subdivisions one through three of section 70.00 of this title."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/60.06", "from_official_api": true, "plain_english": "This section fixes sentences for the listed highest-level offenses.\n- First-degree murder may bring **death, life without parole, or another class A-I term**, under CPL § 400.27 and § 70.00. ★\n- Second-degree murder under **§ 125.25(5)** and aggravated murder under **§ 125.26(1)** require **life without parole**.\n- Terrorism based on a class A-I felony, first-degree possession of a chemical or biological weapon, and first-degree use of such a weapon require **life without parole**, without blocking a death sentence when the defendant is **also convicted of first-degree murder**.\n- Aggravated murder under **§ 125.26(2)** requires **life without parole or another class A-I prison term**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/60.06", "publisher": "Elyphived LLC"}