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Harlem in Disorder: A Spatial History of How Racial Violence Changed in 1935

Consolidated Laws of the State of New York, Vol. 4. Penal law to real property law (Albany: J. B. Lyon, 1909).

New York Penal Law

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New York Penal Law, § 2090-2094: Riot 15 plain 2024-01-28T19:37:38+00:00
Consolidated Laws of the State of New York, 1909, ch. 88

"§ 2090. Riot defined. Whenever three or more persons, having assembled for any purpose, disturb the public peace, by using force or violence to any other person, or to property, or threaten or attempt to commit such disturbance, or to do an unlawful act by the use of force or violence, accompanied with the power of immediate execution of such threat or attempt, they are guilty of riot.

§ 2091. Punishment of riot. A person guilty of riot, or of participating in a riot, either by being personally present, or by instigating, promoting, or aiding the same, is punishable as follows:
1. If the purpose of the assembly, or of the acts done or threatened or intended by the persons engaged, is to resist the enforcement of a statute of this state, or of the United States, or to obstruct any public officer of this state, or of the United States, in serving or executing any process or other mandate of a court of competent jurisdiction, or in the performance of any other duty; or if the offender carries, at the time of the riot, fire-arms or any other dangerous weapon, or is disguised; by imprisonment for not more than five years, or by a fine of not more than one thousand dollars, or by both such fine and imprisonment.
2. In any other case, if the offender directs, advises, encourages, or solicits other persons, present or participating in the riot or assembly, to acts of force or violence, by imprisonment for not more than two years, or by a fine of not more than five hundred dollars, or by both such fine and imprisonment.
3. In any case not embraced within the foregoing subdivisions of this section, by imprisonment for not more than one year, or by a fine of not more than two hundred and fifty dollars, or by both such fine and imprisonment.
§ 2092. Unlawful assembly. Whenever three or more persons:
1. Assemble with intent to commit any unlawful act by force; or,
2. Assemble with intent to carry out any purpose in such a manner us to disturb the public peace; or,
3. Being assembled attempt or threaten any act tending towards a breach of the peace, or an injury to person or property, or any unlawful act;
Such an assembly is unlawful, and every person participating therein by his presence, aid or instigation, is guilty of a misdemeanor.
But this section shall not be so construed as to prevent the peaceable assembling of persons for lawful purposes of protest or petition.

§ 2093. Remaining present at place of riot or unlawful assembly after warning. A person, remaining present at the place of an unlawful assembly or riot, after the persons assembled have been warned to disperse by a magistrate or public officer, is guilty of a misdemeanor, unless as a public officer, or at the request or command of a public officer, he is endeavoring or assisting to disperse the same, or to protect persons
or properly, or to arrest the offenders.

§ 2094. Remaining present at place of a meeting, originally lawful, after it has adopted an unlawful purpose. Where three or more persons assemble for a lawful purpose, and afterwards proceed to commit an act that would amount to a riot, if it had been the original purpose of the meeting, every person who does not retire when the change of purpose is made known, or such act is committed, except public officers and persons assisting them in attempting to disperse the assembly, is guilty of a misdemeanor.
New York Penal Law
New York Penal Law, § 404, 407: Burglary in third degree. 13 plain 2024-01-18T19:58:52+00:00
Consolidated Laws of the State of New York, 1909, ch. 88

"§ 404. Burglary in third degree. A person who
1. With intent to commit a crime therein, breaks and enters a building, or a room, or any part of a building; or,
2. Being in any building, commits a crime therein and breaks out of the same,
Is guilty of burglary in the third degree."

"§ 407. Punishment for burglary. Burglary is punishable by imprisonment in a state prison as follows:...

3. Burglary in the third degree, for a term not exceeding ten years." [Amended 1926]

(Note: Burglary in the first and second degree applies only to dwellings not businesses)
New York Penal Law
New York Penal Law, § 240-245: Assault Consolidated Laws of the State of New York, Vol. 4. Penal law to real property law (Albany: J. B. Lyon, 1909).

"§ 240. Assault in first degree defined. A person who, with an intent to kill a human being, or to commit a felony upon the person or property of the one assaulted, or of another:

1. Assaults another with a loaded fire arm, or any other deadly weapon, or by any other means or force likely to produce death; ...

Is guilty of assault in the first degree.

§ 241. Punishment for assault in first degree.
Assault in the first degree is punishable by imprisonment for a term not exceeding ten years.

§ 242. Assault in second degree. A person who, under circumstances not amounting to the crime specified in section two hundred and forty,...

3. Willfully and wrongfully wounds or inflicts grievous bodily harm upon another, either with or without a weapon; or,
4. Willfully and wrongfully assaults another by the use of a weapon, or other instrument or thing likely to produce grievous bodily harm; or,
5. Assaults another with intent to commit a felony, or to prevent or resist the execution of any lawful process or mandate of any court or officer, or the lawful apprehension or detention of himself, or of any other person,

Is guilty of assault in the second degree.

§ 243. Punishment for assault in second degree.
Assault in the second degree is punishable by imprisonment in a penitentiary or state prison for a term not exceeding five years, or by a fine of not more than one thousand dollars, or both.

§ 244. Assault in third degree. A person who commits an assault and battery, not such as is specified in sections two hundred and foty and tow hundred and forty-two, is guilty of assault in the third degree.

§ 245. Punishment for assault in third degree.
Assault in the third degree is punishable by imprisonment for not more than one year, or by a fine of not more than five hundred dollars, or both.
New York Penal Law
New York Penal Law, § 2120-2129: Robbery 10 plain 2024-01-28T19:34:27+00:00
Consolidated Laws of the State of New York, 1909, ch. 88

"§ 2120 Robbery defined. Robbery is the unlawful taking of personal property, from tho person or in the presence of another, against his will, by means of force, or violence, or fear of injury, immediate or future, to his person or property, or the person or property of a relative or member of his family, or of any one in his company at the time of the robbery.·

§ 2121. Force or fear must be employed. To constitute robbery, the force or fear must be employed either to obtain or retain possession of the property or to prevent or overcome resistance to the taking. If employed merely as a means of escape it does not constitute robbery.

§ 2122. Degree of force immaterial. When force is employed in either of the ways specified in the last section, the degree of force employed is immaterial.

§ 2123. Taking property secretly not robbery. The taking of property from the person of another is robbery, when it appears that although the taking was fully completed without his knowledge, such knowledge was prevented by the use of force or fear.

§ 2124. Robbery in first degree. An unlawful taking or compulsion, if accomplished by force or fear, in a case specified in the foregoing sections of this article is robbery in the first degree, when committed by a person :
1. Being armed with a dangerous weapon; or
2. Being aided by an accomplice actually present; or,
3. Being added by the use of an automobile or motor vehicle; or [added in 1923]
4. When the offender inflicts grievous bodily harm or lnjury upon the person from whose possession, or in whose presence, the property is taken, or upon the wife, husband, servant, child, or inmate of the family of such person, or any one in his company at the time, in order to accomplish the robbery.
§ 2125. Punishment of robbery in first degree.
Robbery in the first degree is punishable by imprisonment for an indeterminate term the minimum of which shall not be less than ten years and the maximum of which shall not be more than thirty years. [amended in 1932]

§ 2126. Robbery in second degree. Such unlawful taking or compulsion, when accomplished by force or fear, in a case specified in the foregoing section of this article, but not under circumstances amounting to robbery in the first degree, is robbery in the second degree, when accomplished:
1. By the use of violence; or,
2. By putting the person robbed in fear of immediate injury to his person or that of some one in his company.
§ 2127. Punishment of robbery in second degree.
Robbery in the second degree is punishable by imprisonment for a term not exceeding fifteen years.

§ 2128. Robbery in third degree. A person who robs another, under circumstances not amounting to robbery in the first or second degree, is guilty of robbery in the third degree.

§ 2129. Punishment of robbery in third degree. Robbery in the third degree is punishable by imprisonment for
not more than ten years.
New York Penal Law
New York Penal Law, § 1897-1898: Carrying and use of dangerous weapons. 10 plain 2024-01-28T19:32:19+00:00
Laws of New York State, 1921:

"§ 1897 Carrying and use of dangerous weapons.
1. A person who attempts to use against another, or who carries, or possesses any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sand club, sandbag or metal knuckles, bludgeon, or who, with intent to use the same unlawfully against another carries or possesses a dagger, dirk, dangerous knife, razor, stiletto, or any other dangerous or deadly instrument, or weapon, is guilty of a misdemeanor, and if he has been previously convicted of any crime he is guilty of a felony.
2. A person who carries or possesses a bomb or bombshell, or who, with intent to use the same unlawfully against the person or property of another, carries or possesses any explosive substance, is guilty of a felony.
3. Any person under the age of sixteen years, who shall have, carry, or have in his possession, any of the articles named or described in the last section, which is forbidden therein to offer, sell, loan, lease or give to him, shall be guilty of juvenile delinquency.
4. Any person over the age of sixteen years, who shall have in his possession in any city, village or town of this state, any pistol, revolver or other firearm of a size which may be concealed upon the person, without a written license therefor, issued to him as hereinafter prescribed, shall be guilty of a misdemeanor, and if he has been previously convicted of any crime he shall be guilty of a felony.
5. Any person over the age of sixteen years, who shall have or carry concealed upon his person in any city, village or town of this state, any pistol, revolver, or other firearm without a written license therefor, issued as hereinafter prescribed and licensing such possession and concealment, shall be guilty of a misdemeanor, and if he has been previously convicted of any crime he shall be guilty of a felony.
6. Any person not a citizen of the United States, unless authorized by license issued as hereinafter prescribed, who shall have or carry firearms, or any dangerous or deadly weapons in any place, at any time, shall be guilty of a misdemeanor, and if he had been previously convicted of any crime he shall be guilty of a felony."
(Sections 7-13 relate to issuing licenses to have and carry concealed firearms)

Consolidated Laws of the State of New York, 1909, ch. 88

"§ 1898. Possession, presumptive evidence. The possession, by any person other than a public officer, of any of the weapons specified in the last section, concealed or furtively carried on the person, is presumptive evidence of carrying, or concealing, or possessing, with intent to use the same in violation of that section."
New York Penal Law
New York Penal Law, § 1298-1299: Petit larceny 9 plain 2024-02-24T14:35:56+00:00
Consolidated Laws of the State of New York, 1909, ch. 88

§ 1290. Larceny defined. A person who, with the intent to deprive or defraud the true owner of his property, or of the use and benefit thereof, or to appropriate the same to the use of the taker, or of any other person:
1. Takes from the possession of the true owner, or of any other person; or obtains from such possession by color or aid of fraudulent or false representation or pretense, or of any false token or writing; or secretes, withholds, or appropriates to his own use, or that of any person other than the true owner, any money, personal property, thing in action, evidence of debt or contract, or article of value of any kind; or,
2. Having in his possession, custody or control, as a bailee, association, or corporation, or as a public officer, or as a person authorized by agreement, or by competent authority, to hold or take such possession, custody, or control, any money, property, evidence of debt or contract, article of value of any nature, or thing in action or possession, appropriates tho same to his own use, or that of any other person other than the true owner or person entitled to tho benefit thereof,
Steals such property, and is guilty of larceny.

§ 1296. Grand larceny in second degree. A person is guilty of grand larceny in the second degree who, under circumstances not amounting to grand larceny in the first degree, in any manner specified in this article, steals or unlawfully obtains or appropriates:
1. Property of the value of more than one hundred dollars, but not exceeding five hundred dollars, in any manner whatever; or [Amended 1927]
2. Property of any value, by taking the same from the person of another; or,
3. A record of a court or officer, or a writing, instrument or record kept filed or deposited according to law, with, or in keeping of any, public office or officer. [Amended 1927]
§1298 Petit Larceny Defined. Every other larceny is petit larceny.

§1299 Petit Larceny a misdemeanor. Petit larceny is a misdemeanor.
New York Penal Law
New York Penal Law, § 1433: Malicious mischief 9 plain 2024-01-28T19:31:16+00:00
Consolidated Laws of the State of New York, 1909, ch. 88

"§ 1433 Injury to property, how punished. A person who unlawfully and wilfully destroys or injures any real or personal property of another, or who without authority or permission from a person who has the right to give such authority or permission, loosens any brake or blocking of any car standing on any railroad track in this state, or without like authority or permission, puts upon or runs any hand car, or other car, on any railroad track in this state, or without like authority or permission, interferes or meddles with any brake or coupling of any car while standing or moving on any railroad track in this state, or takes any part therein, in a case where the punishment is not specially prescribed by statute, is punishable as follows:
1. If the value of the property destroyed, or the diminution in the value of the property by the injury is more than two hundred and fifty dollars, by imprisonment for not more than four years. [Amended 1915]
2. In any other case, by imprisonment for not more than six months, or by a fine of not more than two hundred and fifty dollars, or by both such fine and imprisonment.
3. And in addition to the punishment prescribed therefor, he is liable in treble damages for the injury done, to be recovered in a civil action by the owner of such property, or the public officer having charge thereof."
New York Penal Law
New York Penal Law, § 405: Unlawfully entering building Consolidated Laws of the State of New York, 1909, ch. 88

"§ 405: Unlawfully entering building. A person who, under circumstances or in a manner not amounting to committing a burglary, enters a building, or any part thereof, with intent to commit a felony or a larceny, or any malicious mischief, is guilty of a misdemeanor."
New York Penal Law