NYCkayaker NYC Water Trail--and [nonsense]

[Richard Clifford]

NYCKayaker,
    How much fun is this? Answering legal questions on NYCKayaker.
    Well, the correct answer is that you would be asking your attorney: 
"Really, what the heck is section 120 of the penal code?" And, your 
attorney would answer: Sir, the NYC Police or the NYS Trooper, etc. has 
charged you (for your activities) with violation of  Section 120.20 or 
120.25.

Perhaps, in some other combination the charge might be Section 120.30 or 
120.35. But, that would not be right. - Richard Clifford


Sec. 120.20  Reckless endangerment in the second degree.
    A  person  is guilty of reckless endangerment in the second degree when
he recklessly engages in  conduct  which  creates  a  substantial  risk  of
serious physical injury to another person.
    Reckless endangerment in the second degree is a class A misdemeanor.

Sec. 120.25  Reckless endangerment in the first degree.
    A  person  is guilty of reckless endangerment in the first degree when,
under circumstances evincing a depraved  indifference  to  human  life,  he
recklessly  engages  in  conduct  which  creates  a  grave risk of death to
another person.
    Reckless endangerment in the first degree is a class D felony.



TomBrooklyn wrote:

>>>From: Richard Clifford <RichardClifford at earthlink.net>
>>>      
>>>
>> Here is the concept so we don't go off on a long discourse about 
>>what one may and may not do. "Everyplace is regulated" by someone or 
>>some state agency, and they all assert to operate under the rule of law, 
>>to be doing it legally. 
>>    
>>
>
>As far as the State of NY is concerned, I could find nothing in it's Constitution
>which would give them the right to restict anyone from boating, kayaking, paddling,
>sailing, rolling, immersing, or swimming.any of those activities.  Therefore, if the
>state has put any prohibitions on the above, those laws are unconstitional and
>deserve to be challenged and struck from the books.  
>