New York Gaming Bill: What Is A Class E Felony?

Game Politics is reporting that the New York video game regulation bill is on hold, but will still have selling games listed as a class E felony. As I pointed out before, depending on the end result of some active New York litigation, that could mean selling games could trigger the three strikes law.

Today, however, I thought it would be worthwhile to share some other class E felonies under New York law, and some misdemeanors, for comparison sake.

New York Class E Felonies (All of which can be found here in the Penal Code)(This list is by no means exhaustive):

§ 120.01 Reckless assault of a child by a child day care provider.
§ 120.03 Vehicular assault in the second degree.
§ 120.30 Promoting a suicide attempt.
§ 125.10 Criminally negligent homicide.
§ 125.40 Abortion in the second degree.
§ 130.25 Rape in the third degree. (“Statutory Rape“)
§ 130.40 Criminal sexual act in the third degree.
§ 135.10 Unlawful imprisonment in the first degree.
§ 150.05 Arson in the fourth degree.
§ 230.05 Patronizing a prostitute in the second degree. (A person over 18 patronizes a prostitute who is under 14.)
§ 176.15 Insurance fraud in the fourth degree.

“S.203 would create a new Class E felony when a person is convicted of a fourth violation of driving while ability impaired (DWAI). The penalty would be a fine of between $1,000 and $5,000 and/or imprisonment for a minimum of 1-3 years, and a mandatory drivers license revocation for one year.” (Source)

Not a Class E Felony (lower penalty):

§ 65-a. Procuring alcoholic beverages for persons under the age of
twenty-one years.
§ 65-b. Offense for one under age of twenty-one years to purchase or
attempt to purchase an alcoholic beverage through fraudulent means.
§ 152. Sale of illicit alcoholic beverages.
§ 220.70 Criminal possession of methamphetamine manufacturing material
in the second degree.
§ 230.00 Prostitution.

Unfortunately, the New York legislative web site is riddled with an “internal server error,” which has slowed this search to a crawl. I imagine, though, that these few examples paint a wonderful picture:

Selling a video game is the same as getting a fourth DWAI, committing a criminally negligent homicide, committing statutory rape, or committing fourth degree arson. Selling a video game is evidently more dangerous than selling alcohol or possessing the material to make meth, and I expect tobacco follows in a similar way.

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About Mark Methenitis

Mark Methenitis is an attorney in Dallas Texas. Mark received his Juris Doctorate and his Master of Business Administration from Texas Tech University and his Bachelor of Arts from The University of Texas.

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