Expands the crime of robbery in the first and second degrees to include attempts made with a device appearing to be a bomb, destructive device or explosive

BILL NUMBER:S720A

Title of bill

An act to amend the penal law, in relation to expanding the crime of robbery in the first and second degrees to include attempts of such crime with a device appearing to be a bomb or other explosive device

Purpose

To expand the crime of robbery in the first or second degrees to include attempts with a device appearing to be a bomb or other explosive device.

Summary of provisions

Section 1 of the bill amends the Penal Law § 160.15 as amended by chapter 374 of the laws of 1973 to include devices that constitutes, appears to constitute, or is represented to constitute, in whole or in part a bomb, destructive device or an explosive or hazardous substance. Section 2 of the bill amends the Penal Law § 160.10 to include devices that constitutes, appears to constitute, or is represented to constitute, in whole or in part a bomb, destructive device or an explosive or hazardous substance.

Justification

Under existing law, if someone robs a bank by putting their hand in a pocket and pretending to have a gun, or by using a fake toy gun, that a person is guilty of either a first or second degree robbery. However, under existing law, of the same person robs a bank and threatens to blow up the bank by displaying a device that appears to be a bomb, the person is only guilty of third degree robbery. This result is not logical, as the threat of a bomb is every bit as serious, and arguably more serious, than the threat of a gun.

Legislative history

2008: Passed Senate 2009-10: Referred to Codes

Fiscal implications

None.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.