Establishes that a person is guilty of arson when he damages a building or motor vehicle by fire or explosion in the course of the commission or attempted commission of a felony.
STATE OF NEW YORK
________________________________________________________________________
2008
2023-2024 Regular Sessions
IN ASSEMBLY
January 23, 2023
___________
Introduced by M. of A. BUTTENSCHON, COLTON, CRUZ, SAYEGH -- read once
and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to the causation of a fire or
explosion during the course of committing or attempting to commit a
controlled substance felony
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 150.05 of the penal law, as amended by chapter 225
2 of the laws of 1979, is amended to read as follows:
3 § 150.05 Arson in the fourth degree.
4 1. A person is guilty of arson in the fourth degree when he:
5 (a) recklessly damages a building or motor vehicle by intentionally
6 starting a fire or causing an explosion[.]; or
7 (b) damages a building or motor vehicle by fire or by explosion in the
8 course of the commission or attempted commission of a felony as defined
9 in article two hundred twenty of this chapter.
10 2. In any prosecution under this section, it is an affirmative defense
11 that no person other than the defendant had a possessory or proprietary
12 interest in the building or motor vehicle.
13 Arson in the fourth degree is a class E felony.
14 § 2. Section 150.10 of the penal law, as amended by chapter 225 of the
15 laws of 1979, is amended to read as follows:
16 § 150.10 Arson in the third degree.
17 1. A person is guilty of arson in the third degree when he:
18 (a) intentionally damages a building or motor vehicle by starting a
19 fire or causing an explosion[.]; or
20 (b) recklessly damages a building or motor vehicle by fire or by
21 explosion in the course of the commission or attempted commission of a
22 felony as defined in article two hundred twenty of this chapter.
23 2. In any prosecution under this section, it is an affirmative defense
24 that (a) no person other than the defendant had a possessory or proprie-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03498-01-3
A. 2008 2
1 tary interest in the building or motor vehicle, or if other persons had
2 such interests, all of them consented to the defendant's conduct, and
3 (b) the defendant's sole intent was to destroy or damage the building or
4 motor vehicle for a lawful and proper purpose, and (c) the defendant had
5 no reasonable ground to believe that his conduct might endanger the life
6 or safety of another person or damage another building or motor vehicle.
7 Arson in the third degree is a class C felony.
8 § 3. This act shall take effect immediately.
