Establishes the crime of failure to retreat when a person is within twenty-five feet of a police officer and fails to halt or retreat.
New York A04326 amends the penal law by adding a new section defining the crime of failure to retreat. A person commits this crime if they are within twenty-five feet of a police officer or peace officer engaged in their duties, and the officer orders them to halt or retreat, and they fail to do so immediately. Exceptions apply if the person has a physical disability or injury that would be exacerbated by halting or retreating, or if a physical barrier makes it impossible to retreat. Failure to retreat is classified as a class A misdemeanor.
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