NY · jury_instructions
CJI2d[NY] Penal Law § 240.70 (1) (d) (Property damage of a health care facility)
CRIMINAL INTERFERENCE WITH HEALTH CARE SERVICES IN THE SECOND DEGREE
The (specify) count is Criminal Interference with Health Care Services in the Second Degree.
Under our law, a person is guilty of Criminal Interference with Health Care Services in the Second Degree when he or she intentionally damages the property of a health care facility, or attempts to do so, because such facility provides reproductive health services.
The following terms used in that definition have a special meaning:
HEALTH CARE FACILITY means a hospital, clinic, physician's office or other facility that provides reproductive health services, and includes the building or structure in which the facility is located; ¹
REPRODUCTIVE HEALTH SERVICES means health care services provided in a hospital, clinic, physician's office or other facility and includes medical, surgical, counseling or referral services relating to the human reproductive system, including services relating to pregnancy or the termination of a pregnancy;²
INTENT means conscious objective or purpose.³ Thus, a person intentionally damages the property of a health care facility, or attempts to do so, because such facility provides reproductive health services when it is his or her conscious objective or purpose to do so.
In order for you to find the defendant guilty of this crime, the People are required to prove, from all the evidence in the case, beyond a reasonable doubt, the following element:
That on or about (date) , in the County of
(county), the defendant, (defendant's name),
intentionally damaged the property of a health care facility, or attempted to do so, because such facility provided reproductive health services
If you find the People have proven that element beyond a reasonable doubt, you must find the defendant guilty of this crime.
If you find the People have not proven that element beyond a reasonable doubt, you must find the defendant not guilty of this crime.
History
Caption: CRIMINAL INTERFERENCE WITH HEALTH CARE SERVICES IN THE SECOND DEGREE Penal Law § 240.70 (1) (d) (Committed on or after Dec. 1, 1999). Read from the committee's Word file. Prepared by the New York State Unified Court System Committee on Criminal Jury Instructions, Model Colloquies, and Evidence Rules; published by the Unified Court System at nycourts.gov (the internet edition is the only current and official publication of CJI2d).
Provenance
- Source
- nycourts.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
426fc1a2a4bb3e3c19ea666983e4f7e49b9ddd5980386a8b329700974996d8c8
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