N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation / ARTICLE Homicide and Related Offenses
New York Consolidated Laws

N.Y. Penal Law § 125.05 (2026)

Homicide and related offenses; definition

✓ current as of May 2026
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§ 125.05 Homicide and related offenses; definition.
  The following definition is applicable to this article:
  "Person," when referring to the victim of a homicide, means a human
being who has been born and is alive.
Notes of Decisions
Cited in 34 cases (1 in the last 5 years), 1976–2023 · leading case: United States v. Bonilla, 524 F.3d 647 (5th Cir. 2008).
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United States v. Bonilla, 524 F.3d 647 (5th Cir. 2008). · cites it 6× “" N.Y. PENAL LAW § 125.05 (1) (McKinney 2008).”
The People v. Jennifer Jorgensen, 41 N.E.3d 778 (NY 2015). · cites it 11× “2 We hold that it is evident from the statutory scheme that the legislature, in enacting Penal Law § 125.05 (1) and § 125.15 (1), did not intend to hold pregnant women criminally responsible for conduct with respect to themselves and their unborn fetuses unless such conduct is…”
People v. Hall, 158 A.D.2d 69 (N.Y. App. Div. 1990). · cites it 3× “First, and foremost, he insists that Garrett’s baby was not a "person” as contemplated by Penal Law § 125.05 (1) and that, therefore, his conviction for manslaughter in the second degree violates certain principles of statutory construction and constitutional proscriptions and,…”
David Sweet v. Floyd Bennett, Superintendent of Elmira Corr. Inst., 353 F.3d 135 (2d Cir. 2003). “Donnino, "Practice Commentary, Article 125-Homi-cide, Abortion and Related Offenses,” reprinted in N.Y. Penal Law § 125.05 (McKinney’s 1998).”
State v. Courchesne, 998 A.2d 1 (Conn. 2010). “” N.Y. Penal Law § 125.05 (1) (McKinney 2009); accord Model Penal Code § 210.”
People v. Crowley, 142 Misc. 2d 663 (1989). · cites it 3× “There is also no doubt that the defendants are aware, painfully so, of the status of the law with regard to the legality of abortions in the United States and in New York State. A woman’s right to terminate her pregnancy is protected by her constitutional right to privacy (Roe v…”
People v. Bush, 2020 NY Slip Op 3568 (N.Y. App. Div. 2020). “Defendant also contends that, with respect to the charge of assault in the second degree, the evidence was not legally sufficient to establish that he caused the victim's injuries ( see Penal Law § 125.05 [6]) and that, with respect to the charge of official misconduct, the…”
State v. Lamy, 969 A.2d 451 (N.H. 2009). “RSA 630:1, IV; N.Y. Penal Law § 125.05 (McKinney 2004); Or.”
People v. Vercelletto, 135 Misc. 2d 40 (1987). · cites it 3× “00, homicide defined, that "person” was intended for the purposes of the entire article to include an unborn child more than 24 weeks in gestation, a further reading of all the statutes in the article (Penal Law §§ 125.05, 125.10, 125.12, 125.”
Abigail Ginsberg v. Quest Diagnostics, Inc., 117 A.3d 200 (N.J. Super. Ct. App. Div. 2015). “See N.Y. Penal Law § 125.05 (Consol. 2015). 17 A-1387-14T3 although Tamar believed Dr.”
McRae v. Mathews, 421 F. Supp. 533 (E.D.N.Y 1976). “The municipal hospitals have provided elective abortions since July 1, 1970, following the enactment in its present form of Penal Law § 125.05. In the period before the Wade and Bolton decisions, from July 1, 1970 to January 1, 1973, the municipal hospitals performed 68,024…”
People v. Hardy, 128 A.D.3d 1453 (N.Y. App. Div. 2015). · cites it 2× “Defendant next contends that the evidence is not legally sufficient because the child was not born alive as required by the definition of “person” (Penal Law § 125.05). As a preliminary matter, we note that defendant did not raise that contention in support of his motion for a…”
Show all 34 citing cases →
— N.Y. Penal Law § 125.05(3) — 1 case
Untitled New York Attorney Gen. Opinion (N.Y. Att'y Gen. 2016).
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