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The crime of gang assault under New York Penal law requires what?

  1. No injury to another person

  2. Physical injury to another person

  3. Only threats of violence

  4. Serious emotional distress

The correct answer is: Physical injury to another person

The crime of gang assault under New York Penal Law is characterized by the requirement of causing physical injury to another person. This provision reflects the seriousness of the offense, which involves multiple individuals acting in concert to inflict harm on an individual, thereby posing a substantial threat to public safety and order. The law aims to hold parties accountable for their collective actions that result in harm, emphasizing that it is not merely the act of surrounding or intimidating a victim, but the necessity of inflicting actual physical injury that constitutes gang assault. The emphasis on physical injury distinguishes gang assault from other offenses that may involve threats or intimidation without the actual infliction of harm. This definition underscores the legal principle that tangible harm must occur to meet the threshold for gang assault, promoting accountability among those who engage in such violent group behavior.