The New York Criminal Law Blog

Shooting Near A NY High School

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Shots were fired outside of a Brooklyn high school by two gunmen.

The New York Daily News quotes one witness as saying that "the kids were waiting at the bus stop. The victim was on the sidewalk."

The victim, 18, was shot in the leg: the police believe that he was the intended target of a failed murder attempt.

Is it a crime to shoot near a school?


In the New York Penal Code states that criminal possession of a weapon in the fourth degree occurs when someone has a "firearm in or upon a building or grounds, used for educational purposes, of any school, college or university" ( Section 265.01). This also applies to school buses.

If a shooting happened in a school or on its grounds, then the perpetrators would be committing this crime, which is a class A misdemeanor. 

When the shooting occurs at a bus stop or outside of the school grounds, it is unclear whether this charge will be added. 





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