What's happening
This bill expands second degree burglary to include displaying fake bombs or hazardous devices during the crime.
Why it matters
Addresses public fear and disruption. By including fake bombs or hazardous devices in the definition of second degree burglary, the bill recognizes that the display of such items can cause significant panic, trauma, or disruption—even if the device is not real.
Closes a legal loophole. Previously, someone who used a realistic-looking fake bomb during a burglary might not face the same level of criminal charges as someone who used a real weapon. This amendment ensures that the law accounts for the intimidation and perceived threat caused by imitation devices.
Potentially increases penalties for certain crimes. Individuals who use fake hazardous devices during burglaries could face more serious felony charges under this law, potentially leading to longer sentences and higher stakes for prosecution.
Reflects evolving criminal tactics. The change acknowledges that criminals may use fake explosives or hazardous materials to manipulate or terrify victims, and updates the law to keep pace with such tactics.
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Expand Burglary Definition
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Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5444
2017-2018 Regular Sessions
IN ASSEMBLY
February 9, 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 burglary in the second degree
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 140.25 of the penal law, paragraph (c) of subdivision 1 as added by chapter 791 of the laws of 1967, paragraph (d) of subdivision 1 as amended by chapter 374 of the laws of 1973 and subdivision 2 as amended by chapter 361 of the laws of 1981, is amended to read as follows: § 140.25 Burglary in the second degree.
A person is guilty of burglary in the second degree when he or she knowingly enters or remains unlawfully in a building with intent to commit a crime therein, and when:
1. In effecting entry or while in the building or in immediate flight therefrom, he or she or another participant in the crime:
(a) Is armed with explosives or a deadly weapon; or
(b) Causes physical injury to any person who is not a participant in the crime; or
(c) Uses or threatens the immediate use of a dangerous instrument; or
(d) Displays what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or
(e) Displays any device or object that by its design, construction, content or characteristics appears to be or to contain a bomb, destructive device, explosive or hazardous substance, but is, in fact, an inoperative facsimile or imitation of such a bomb, destructive device, explosive or hazardous substance; or
2. The building is a dwelling.
Burglary in the second degree is a class C felony.
§ 2. This act shall take effect on the one hundred twentieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09457-01-7
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.