Hazing in New York
There are two categories of hazing in New York. There is hazing in the first degree which is a class A misdemeanor and there is hazing in the second degree which is a violation. [PL §§ 120.16 and PL 120.17]
A person commits the crime of hazing in the first degree if he or she, in the course of another person’s initiation or affiliation with any organization, intentionally or recklessly engages in conduct which creates a substantial risk of physical injury to that other person or a third person and thereby causes such injury. [PL§ 120.16] A person commits the offense of hazing in the second degree if he or she, in the course of another person’s initiation or affiliation with any organization, intentionally or recklessly engage in conduct which create substantial risk of physical injury to that other person or a third person. [PL §120.17] Thus, the key distinguishing factor between hazing in the first degree and hazing in the second degree is whether the conduct of the accused caused another person physical injury.
A person convicted of hazing in the first degree is subject to up to one year in jail, three years probation, a fine of up to one thousand dollars; a maximum surcharge of up to one hundred forty dollars and a maximum crime victim assistance fee of twenty dollars. [PL §§ 70.15(1); 80.05(1); 65.00 (3)(b); and 60.35(1)(a)(ii). An additional five dollar surcharge must be paid if the case is pending in a town or village court. [PL §60.35(9)]
A person convicted of hazing in the second degree is subject to up to fifteen days in jail, a fine of up to two hundred fifty dollars; a maximum surcharge of seventy five dollars and a crime victim assistance fee of twenty dollars.[ PL § 70.15(4); 80.05(4). An additional five dollar surcharge must be paid if the case is pending in a town or village court. [PL §60.35(9)]
