NY · jury_instructions
CJI2d[NY] Penal Law former § 255.25
1 The definitions of these terms are derived from Penal Law § 130.00. (Class E felony)
Select appropriate relationship: an ancestor, descendant, brother or sister of either the whole or the half blood, uncle, aunt, nephew or niece.]
In order for you to find the defendant guilty of this crime, the People are required to prove, from all of the evidence in the case, beyond a reasonable doubt, each of the following three elements:
1. That on or about (date) , in the county of (county) , the defendant, (defendant's name), married [or engaged in sexual intercourse or deviate sexual intercourse with] (specify);
2. That (specify) was related to the defendant, either legitimately or out of wedlock, as
Select appropriate relationship: an ancestor, descendant, brother or sister of either the whole or the half blood, uncle, aunt, nephew or niece; and
3. That the defendant knew (specify) was so related to him/her.
Therefore, if you find that the People have proven beyond a reasonable doubt each of those elements, you must find the defendant guilty of the crime of Incest as charged in the _____ count.
On the other hand, if you find that the People have not proven beyond a reasonable doubt any one or more of those elements, you must find the defendant not guilty of the crime of Incest as charged in the _____ count.
History
Caption: 1 The definitions of these terms are derived from Penal Law § 130.00. That section specifies that the definitions are applicable to article 130. No reference is made to this section. INCEST (Class E felony) PENAL LAW 255.25 (Committed on or after November 1, 1984) The ______ count is Incest. Under our law, a person is guilty of incest when he or she marries [or engages in sex ual intercourse or deviate sex ual intercourse with] a person whom he or she knows to be related to him or her, either legitimately or out of wedlock, as Select appropriate relationship: an ancestor, descendant, brothe r or s ister of either the whole or the half blood, uncle, aunt, nephew or niece. [Some of the terms used i n this defini tion hav e their own special meaning in our law. I will now give you the meaning of the following terms, “sexual intercourse,” “deviate sexual intercourse.” "SEXUAL INTERCOURSE" has its ordinary meaning and occurs upon any penetration, however slight. "DEVIATE SEXUAL INTER COURSE" means sex ual conduct between persons not married to each other consisting of contact between the penis and the anus, the mouth and penis, or the mouth and the vulva.1] [Under our law, a person shall not be convicted of incest (or of an attempt to commit incest) solely upon the testimony of the other party unsupp orted by oth er evidence tending to e stablish that the defendant married the other party, or that the defendant was related to the oth er party, ei ther legitimately or out of wedlock, as. Read from the committee's PDF. 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
7e1a1b560243323fd29275a14cf627ccbd395eb3e3b4e04dd122385a1b74f972
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