N.Y. Laws » CHAPTER Penal / PART General Provisions / TITLE General Purposes, Rules of Construction, and Definitions / ARTICLE General Rules of Construction and Application
New York Consolidated Laws

N.Y. Penal Law § 5.00 (2026)

Penal law not strictly construed

✓ current as of May 2026
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§ 5.00 Penal law not strictly construed.
  The general rule that a penal statute is to be strictly construed does
not apply to this chapter, but the provisions herein must be construed
according to the fair import of their terms to promote justice and
effect the objects of the law.
Notes of Decisions
Cited in 102 cases (2 in the last 5 years), 1985–2025 · leading case: People v. Jackson, 967 N.E.2d 1160 (NY 2012).
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People v. Jackson, 967 N.E.2d 1160 (NY 2012). “Criminal statutes must be interpreted in terms of their plain meaning (see Penal Law § 5.00 [providing that “the provisions (of this chapter) must be construed according to the fair import of their terms to promote justice and effect the objects of the law”]; see also People v…”
People v. Roberts, 31 N.Y.3d 406 (NY 2018). “This is particularly important where the definition of a crime is at issue, because courts must be scrupulous in insuring that penal responsibility is not 'extended beyond the fair scope of the statutory mandate' " ( id.”
People v. Finley, 891 N.E.2d 1165 (NY 2008). “We begin, as we must, with the plain meaning of the statute, presuming that lawmakers "have used words as they are commonly or ordinarily employed, unless there is something in the context or purpose of the act which shows a contrary intention" (McKinney's Cons Laws of NY, Book…”
People v. P. J. Video, Inc., 501 N.E.2d 556 (NY 1986). “New York courts, pursuant to an express statutory enactment, are bound to construe our Penal Law and its provisions according to the fair import of their terms in order to promote justice and effect the objects of the law (see, Penal Law § 5.00; McKinney’s Cons Laws of NY, Book…”
People v. Lopez, 535 N.E.2d 1328 (NY 1989). “In light of the purpose of the statutory scheme, the broad wording of the display element, and the obligation to construe the Penal Law fairly to carry out the legislative intent (Penal Law § 5.00), we have held that "the display of anything that appears to be such [i.”
People v. Wilson, 252 A.D.2d 241 (N.Y. App. Div. 1998). · cites it 2× “Penal statutes “must be construed according to the fair import of their terms to promote justice and effect the objects of the law” (Penal Law § 5.00). While a penal statute need not be strictly construed (see, Penal Law § 5.”
People v. Foster, 541 N.E.2d 1 (NY 1989). · cites it 2× “It has been, and should be, broadly interpreted to carry out the legislative intent (Penal Law § 5.00; see, e.g., People v Alamo, 34 NY2d 453 ).”
People v. Harper, 552 N.E.2d 148 (NY 1990). “ion or attempt improperly to remove a case from the criminal justice system, would, if accepted, violate the general principle that penal statutes are to be interpreted according to the fair import of their terms so that penal responsibility is not extended beyond the fair scope…”
People v. Hedgeman, 517 N.E.2d 858 (NY 1987). “Ill The Legislature has instructed us that in interpreting the Penal Law, the provisions must be read "according to the fair import of their terms to promote justice and effect the objects of the law” (Penal Law § 5.”
People v. Horner, 300 A.D.2d 841 (N.Y. App. Div. 2002). “The provisions of Penal Law § 263.00 (3) are to “be construed according to the fair import of their terms to promote justice and effect the objects of the law” (Penal Law § 5.”
People v. Carroll, 715 N.E.2d 500 (NY 1999). “In discharging this responsibility, we are mindful of the statutory language, the legislative purpose and the Penal Law’s directive that its provisions should be “construed according to the fair import of their terms to promote justice and effect the objects of the law” (Penal…”
People v. Pinkoski, 300 A.D.2d 834 (N.Y. App. Div. 2002). “With a penal statute, it is further presumed that its terms are to “be construed according * * * [their] fair import * * * to promote justice and effect the objects of the law” (Penal Law § 5.00). Hence, where, as here, the Legislature has chosen to define the term “sexual…”
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