NY Penal Law § 115.08: Criminal Facilitation in the First Degree
If another person commits a crime with your help, then you too will face criminal charges. This is the case even if you were not present during the commission of the crime that you aided. You will be charged with criminal facilitation. Four different criminal facilitation crimes are covered in the New York criminal code. Which specific charge you would have to face will largely depend on these three factors:
- your age at the time of the occurrence,
- the age of the person you assisted at the time of the occurrence, and
- the kind of criminal offense you assisted the other person in committing.
The most serious of the criminal facilitation charges is criminal facilitation in the first degree. You will have committed the crime of criminal facilitation in the first degree under New York Penal Law § 115.08 if you are at least 18 years of age and you assist someone who is younger than 16 years old in the commission of a crime that is a Class A felony.
Class A felonies are the most heinous crimes in the New York penal code. Some examples of Class A felonies include arson in the first degree, murder in the first degree, kidnapping in the first degree, and operating as a major drug trafficker.
An Example
Twenty-one year old Simon liaised with an undercover police officer who said he was interested in purchasing two ounces of heroin. Simon and the undercover officer went over to a bar. There, Simon introduced the officer to his younger sister, Bonita, who was 15 year old. After the officer and Bonita concluded their negotiations for the heroin, Simon came back over to where they were standing, provided the officer with his phone number, and said, “anytime you need anything, just call this number and ask for Bonita or me.” The next day, the undercover officer met Bonita and bought the two ounces of heroin. In this scenario, Simon could be prosecuted for criminal facilitation in the first degree. The defendant aided his sister Bonita in committing a Class A felony – criminal sale of a controlled substance in the first degree – by providing Bonita with a customer who was ready and able to purchase a quantity of heroin. On top of that, Bonita was a child under 16 years old at the time.
Offenses that are Related
Criminal facilitation in the fourth degree: New York Penal Law § 115.00
Criminal facilitation in the third degree: New York Penal Law § 115.01
Criminal facilitation in the second degree: New York Penal Law § 115.05
Possible Defenses
If you were forced to help someone commit a Class A felony, you did not commit a crime. This defense is referred to as duress. Duress is defined as another person physically forcing you to do something that you do not want to do, or threatening to use physical force against you or a third person in order to make you do something you do not want to do.
The Sentence
As a Class B felony, should you be convicted of criminal facilitation in the first degree, your sentence could include a prison term of as much as 25 years, a period of post-release supervision and the payment of a substantial fine.
NY Penal Law § 115.05: Criminal Facilitation in the Second Degree
If you someone else commits a crime with your help, then you too will face criminal charges. This is the case even if you were not present during the commission of the crime that you aided. The charge you will face is called criminal facilitation. Four different criminal facilitation crimes are covered in the New York criminal code. Which specific charge you would have to face will largely depend on these three factors:
- your age at the time of the occurrence,
- the age of the person you assisted at the time of the occurrence, and
- the kind of criminal offense you assisted the other person in committing.
Under New York Penal Law section 115.05, you have committed the crime of criminal facilitation in the second degree if you aid another person in the commission of a crime that is a Class A felony.
Some examples of Class A felonies include arson in the first degree, murder in the first degree, kidnapping in the first degree, and operating as a major drug trafficker.
A Case Law Example
In the case of the People v. Ortiz (N.Y. App. Div., 2011), the defendant, Mr. Pavan Ortiz, was charged with criminal facilitation in the second degree based on helping another person commit the crime of murder in the first degree. A man named Michael was instructed to kill an individual referred to as Butterball. The only problem was that Michael did not know who Butterball was. Mr. Ortiz offered to show Butterball to Michael. Mr. Ortiz then led Michael to the exact location of the individual called Butterball and pointed him out. Michael then shot and murdered Butterball.
Offenses that are Related
Criminal facilitation in the fourth degree: New York Penal Law section 115.00
Criminal facilitation in the third degree: New York Penal Law section 115.01
Criminal facilitation in the first degree: New York Penal Law section 115.08
Possible Defenses
If the individual who committed the crime coerced you with threats or force to help him or her, you might have a valid duress defense. The term “duress” is defined as another individual physically forcing you to do something that you do not want to do, or threatening to use physical force.
If you can demonstrate that you were coerced to aid in the commission of crime by the use of physical force or threats of imminent physical force then you may have a valid defense under New York Penal Law § 40.00 against a criminal facilitation charge.
Also important to note is that the fact that the person you are accused of helping commit a crime did not get convicted of committing that crime is not a defense against a criminal facilitation charge. Further, it is not a defense that you had no intentions of committing the underlying crime.
The Sentence
As a Class C felony, if you get convicted of criminal facilitation in the second degree, the judge may sentence you to a prison term of up to 15 years, a probation term of up to 5 years, and the payment of a substantial fine.
NY Penal Law § 115.01: Criminal Facilitation in the Third Degree
If you assist another individual commit a crime, you would have also committed a crime. In the New York penal code, this crime is known by the name criminal facilitation. If, for example, you assist someone in the commission of the felony of distribution of a controlled substance by sourcing customers who want to buy drugs, then you would have committed the crime of criminal facilitation. Likewise, intentionally leaving the back door of a retail store unlocked so that another individual could enter the premises and commit burglary or grand larceny would also be a form of criminal facilitation. Under New York Penal Law § 115.01, you will have committed the crime of criminal facilitation in the third degree if you are older than 18 years old and you assist someone who is younger than 16 years old to commit a felony.
An Example
Todd, who was 15 years of age, made his 30 year old uncle, Andre, aware that he knew where he could get his hands on a whole bunch of money. Todd continued, explaining that his friend’s family was out of town and that he had been told that his friend’s father stashed money in a box in his home office. Todd told Andre that he needed some help breaking into the house. Andre instructed Todd on how to break into the house through a patio door. He also gave Todd the tools that he needed to successfully execute the break in. A few days later, Todd broke into his friend’s house and took more than $2000. Todd was rapidly apprehended and charged with felony burglary and grand larceny. Andre could also be prosecuted on a charge of criminal facilitation, because he helped a 15 year old commit a felony by giving Todd the tools and instructions to commit a burglary at his friend’s house.
Offenses that are Related
Criminal facilitation in the fourth degree: New York Penal Law § 115.00
Criminal facilitation in the second degree: New York Penal Law § 115.05
Criminal facilitation in the first degree: New York Penal Law § 115.08
Possible Defenses
If the individual who committed the crime coerced you with threats or force to help him or her, you might have a valid duress defense. If you can demonstrate that you were coerced to aid in the commission of crime by the use of physical force or threats of imminent physical force then you may have a valid defense under New York Penal Law § 40.00 against a criminal facilitation charge.
It is important to note that the fact that the person you are accused of helping commit a crime did not get convicted of committing that crime is not a defense against a criminal facilitation charge.
Sentence
As a Class E felony, should you be convicted of criminal facilitation in the third degree, your sentence may include jail time of up to 4 years, a probation term of up to 5 years, and the payment of a substantial fine.
NY Penal Law § 115.00: Criminal Facilitation in the Fourth Degree
If you assist another individual commit a crime, you would have also committed a crime. In the New York penal code, this crime is known by the name criminal facilitation. Four different criminal facilitation crimes are covered in the New York criminal code. The least serious of these is criminal facilitation in the fourth degree. You have committed the crime of criminal facilitation in the fourth degree under New York Penal Law § 115.00 if you believe that you are aiding someone in the commission of a crime and:
- You participate in conduct which gives that person the means or opportunity that they require for the commission of the crime and which, in actuality, aids such person in the commission of a felony, or
- The person is under the age of 16 years, you are more than 18 years old, and
- you participate in conduct that provides that person with means or opportunity that they need to commit the crime and
- you in fact do help such a person to commit the crime.
Case Law Example
In the case of the People v. Watson, 2012 NY Slip Op 8169 (N.Y., 2012), the defendant, Watson, was charged with and convicted of criminal facilitation in the fourth degree after bringing an undercover police officer to a location so that the undercover officer could purchase illegal drugs from another individual.
Offenses that are Related
Criminal facilitation in the third degree: New York Penal Law § 115.01
Criminal facilitation in the second degree: New York Penal Law § 115.05
Criminal facilitation in the first degree: New York Penal Law § 115.08
Possible Defenses
If the individual who committed the crime coerced you with threats or force to help him or her, you might have a valid duress defense. If you can demonstrate that you were coerced to aid in the commission of crime by the use of physical force or threats of imminent physical force then you may have a valid defense under New York Penal Law § 40.00 against a criminal facilitation charge.
It is critical to note that in order to be able to convict you of criminal facilitation in the fourth degree, the prosecutor must bring evidence that you aided in the commission of the crime over and above just the testimony from the person who committed the crime. If this testimony is the only proof that the prosecutor has, then he or she does not have enough to get a conviction against you.
Also important to note is that the fact that the person you are accused of helping commit a crime did not get convicted of committing that crime is not a defense against a criminal facilitation charge.
The Sentence
As a Class A misdemeanor, if you are convicted of criminal facilitation in the fourth degree, the judge may sentence you to a jail term of up to a year, a probation term of up to 3 years, and the payment of a fine.