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Re: Is it me, or is Steven at it again?

Posted by metropod on Fri Jan 2 07:47:54 2009, in response to Re: Is it me, or is Steven at it again?, posted by Terrapin Station on Thu Jan 1 21:51:09 2009.

https://www.nycourts.gov/cji/2-PenalLaw/190/190.25(3).pdf

This is what a judge would read when explaining the law to the jury before the deliberate. the PDF contains a footnote from 2004, so this isn't out of date. there is also more to this, but the excert below should help this discssion along.

CRIMINAL IMPERSONATION SECOND DEGREE
(Class A Misdemeanor)
(Of a Public Servant)
PENAL LAW 190.25 (3)
(Committed on or after Sept. 1, 1980)

The ________ count is Criminal Impersonation in the
Second Degree.

Under our law, a person is guilty of Criminal Impersonation
in the Second Degree when he or she knowingly1

Select appropriate alternative(s):

pretends to be a public servant, or
wears or displays without authorityany uniform, badge,
insignia or facsimile thereof by which a public servant
is lawfully distinguished, or

falsely expresses by his or her words or actions that he
or she is a public servant or is acting with approval or
authority of a public agency or department;
and so acts with intent to induce another to submit to such
pretended official authority, to solicit funds, or to otherwise cause
another to act in reliance upon that pretense.

Some of the terms used in this definition have their own
special meaning in our law. I will now give you the meaning of the
following terms: “public servant,” “knowingly,” and “intent.”
PUBLIC SERVANT means (a) any public officer or employee
of the state or of any political subdivision thereof or of any
governmental instrumentality within the state, or (b) any person
exercising the functions of any such public officer or employee.

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