2006 New York Code - Penalties; Willful Or Reckless Violations; False Statements.

 
    § 27-2118 Penalties; willful or reckless violations; false statements.
  (a) Any person who
    (1)  Willfully  or recklessly violates any provisions of this chapter;
  or
    (2) Willfully or recklessly violates, or fails  to  comply  with,  any
  requirement of an order of the department; or
    (3)  Willfully makes, or causes any other person to make, any false or
  misleading statement on any registration  statement,  notice,  or  other
  document  required  to  be  filed  pursuant  to  this chapter, or on any
  application, or any accompanying  document,  for  the  granting  of  any
  permit  or  any other action by the department pursuant to this chapter,
  shall be guilty of a misdemeanor punishable by a fine of not  less  than
  ten  dollars nor more than one thousand dollars for each such violation,
  or  by  imprisonment  up  to  one  year,  or  by  both  such  fine   and
  imprisonment.
    (b)   A   person   commits   a  willful  violation  when  such  person
  intentionally acts, or intentionally fails to act, to  cause  a  desired
  result that violates this chapter. A person commits a reckless violation
  when  such person acts, or fails to act, with a conscious disregard of a
  substantial risk that the act  or  failure  to  act  will  result  in  a
  condition,  constituting  a  violation of this code, which will endanger
  the life, health or safety of another person.
    (c) In a  prosecution  for  a  willful  or  reckless  violation  of  a
  provision of this chapter, evidence of prior service of civil process or
  of  prior judgments for civil penalties arising from the same violation,
  and relating to the same dwelling, shall be admissible on the  issue  of
  the defendant's knowledge of the existence of the violation.
    (d)  Evidence  that  the  defendant  had  knowledge  or  notice of the
  violation and failed to correct the same for more  than  six  months  or
  take  reasonable  action  to  explain  to the department this failure or
  inability to make the correction shall be relevant on the issue  of  the
  willfullness  of  defendant's  action.  This  subdivision  shall  not be
  construed to  prevent  conviction  for  a  willful  violation  on  other
  grounds.