What's happening
This bill creates the crime of "environmental damage of property," making it a class C felony if property damage during another felony causes significant environmental harm.
Why it matters
Raises the stakes for felony crimes that result in significant environmental harm. By creating a new felony specifically for property damage that causes major environmental impact (over $100,000 in remediation), the bill targets serious polluters and makes environmental consequences a core legal concern in criminal acts.
Encourages greater caution among businesses and individuals. The threat of an additional Class C felony (with a sentence that must be served consecutively to any other felony conviction) is likely to incentivize more careful behavior, especially in industries or activities where environmental risks are present.
Limits liability with a clear affirmative defense. The bill provides a defense for those who reasonably believed they had the legal right (via license or ownership) to alter the property, or if the underlying act wasn’t a crime, which could protect property owners and licensed operators from unintended prosecution.
Prioritizes environmental restoration and accountability. By tying the crime to the necessity of expensive remediation, the law directly addresses the real-world costs of environmental damage and seeks to hold offenders accountable for the broader impact of their actions.
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Who cares
Headline styles
Criminalize Environmental Property Damage
Plain English, a few words. Used as the page title.
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History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4957
2017-2018 Regular Sessions
IN ASSEMBLY
February 6, 2017
Introduced by M. of A. WEPRIN -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to creating the crime of environmental damage of property
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The penal law is amended by adding a new section 145.24 to read as follows: § 145.24 Environmental damage of property.
1. A person is guilty of environmental damage of property when, in the course of the commission of another felony act, he or she intentionally or recklessly causes any property damage that alters, dilutes, or destroys water, soil, or air, and such damage necessitates remediation costs in excess of one hundred thousand dollars.
2. It shall be an affirmative defense to the crime of environmental damage of property that the defendant was acting under a reasonable belief that he or she had a right to alter, dilute or destroy due to license and/or ownership of said property, or that the underlying act was not a violation of this chapter.
Environmental damage of property is a class C felony. Any sentence imposed pursuant to a conviction under this section is to be served consecutive to any sentence imposed for the underlying felony.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09098-01-7
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.