What's happening
This bill expands the definition of first-degree arson to include fires accelerated by ignitable liquids or flammable gases and broadens the definition of incendiary devices.
Why it matters
Expands prosecutable behavior. By including fires "accelerated by use of ignitable liquid or flammable gas," the bill targets a broader range of dangerous arson techniques, making it easier to prosecute cases that might not involve traditional explosives or devices.
Modernizes legal definitions. The revised definition of “incendiary device” is more inclusive, covering not just breakable containers with wicks (like Molotov cocktails), but any device designed to cause uncontained combustion or act as an ignition source—addressing evolving methods arsonists may use.
Increases potential liability. People who use accelerants or less conventional ignition devices to start fires in buildings or vehicles can now face the harshest arson charges (class A-I felony) if their actions meet the other criteria, potentially leading to longer sentences and greater deterrence.
Responds to current fire risks. The changes reflect law enforcement concerns about the evolving tactics in arson—especially the use of easily available substances like gasoline or propane—which can cause rapid, uncontrollable fires and greater harm to people and property.
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Toughen Arson Laws
Plain English, a few words. Used as the page title.
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History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Toughen Arson Law
In Senate Committee · Rules · Sponsor Andrew J. Lanza
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3161
2017-2018 Regular Sessions
IN ASSEMBLY
January 27, 2017
Introduced by M. of A. CUSICK -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to arson in the first degree
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 150.20 of the penal law, as amended by chapter 950 of the laws of 1984, is amended to read as follows: § 150.20 Arson in the first degree.
1. A person is guilty of arson in the first degree when he intentionally damages a building or motor vehicle by causing an explosion or a fire and when (a) such explosion or fire is caused by or accelerated by use of ignitable liquid or flammable gas or an incendiary device propelled, thrown [or], placed or otherwise dispersed or distributed inside or near such building or motor vehicle; or when such explosion or fire is caused by an explosive; or when such explosion or fire either (i) causes serious physical injury to another person other than a participant, or (ii) the explosion or fire was caused with the expectation or receipt of financial advantage or pecuniary profit by the actor; and when (b) another person who is not a participant in the crime is present in such building or motor vehicle at the time; and (c) the defendant knows that fact or the circumstances are such as to render the presence of such person therein a reasonable possibility.
2. As used in this section, "incendiary device" means a [breakable container] device designed to [explode or] produce uncontained combustion [upon impact, containing flammable liquid and having a wick or a similar device capable of being ignited] or used as a source of ignition.
Arson in the first degree is a class A-I felony.
§ 2. This act shall take effect on the thirtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00516-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.