Creates the crime of arson in the sixth degree

Title of bill

An act to amend the penal law, in relation to arson in the sixth degree

Purpose or general idea of bill

To create a new crime, arson in the sixth degree, to establish a penalty for careless and/or reckless behavior that causes or leads to a fire resulting in injury to an individual and/or damages to property.

Summary of specific provisions

: This bill would amend the Penal Law, entitled Arson in the Sixth Degree.

This section would create a new crime of recklessly or carelessly starting a fire or causing an explosion that injures an individual or damages buildings, motor vehicles or personal property.

A person charged with Arson in the Sixth Degree would not be permitted to raise the affirmative defense that another person, other than the defendant, had a possessory interest in the damaged or destroyed property. A person who has two or more convictions for Arson in the Sixth Degree within the preceding two years shall be guilty of Arson in the Fifth Degree (A class A misdemeanor).

Arson in the Sixth Degree would be a class B misdemeanor.

Justification

: Experience and history illustrate that the commission of reckless or careless acts that cause or contribute to fires or explosions is indicative of a propensity or intention to start or cause fires (i.e. commit arson).

When an individual commits such reckless acts and is charged with a lower level arson offense, the plea negotiations typically result in a conviction for the general offense of reckless endangerment under the Penal Law.

This practice endangers the citizens of New York State since it allows individuals who may have a propensity to commit arson to avoid an arson-related charge. The new crime of Arson in the Sixth Degree will protect the citizens of New York State by ensuring a proper arson related charge for individuals who engage in reckless behavior that causes a fire or explosion.

This new crime also advances the purpose of section 150.01 of the Penal Law (Arson in the Fifth Degree) which was enacted in 2001 and is consistent with its intent. Additionally, Arson in the Sixth Degree will promote societal norms such as public safety, personal responsibility, and personal accountability.

Prior legislative history

: 2008 - S1947: Referred to Standing Committee on Codes

Fiscal implications

: None Noted.

Effective date

: The first of November next succeeding the date on which it shall have become law.