What's happening
This bill expands the definition of first-degree arson to include fires started or accelerated by ignitable liquids, flammable gas, or broader incendiary devices.
Why it matters
Expands prosecutable methods. By including ignitable liquids, flammable gases, and a broader array of incendiary devices, the bill allows prosecutors to pursue first-degree arson charges for a wider range of arson tactics, reflecting modern methods used in intentional fires.
Closes loopholes in arson law. The previous language limited "incendiary devices" to breakable containers with a wick (like Molotov cocktails). The new definition broadens this to any device that produces uncontained combustion or serves as a source of ignition, making it harder for arsonists to evade severe charges due to technicalities.
Potential for higher penalties. Since first-degree arson is a class A-I felony (the most serious class in New York), more suspects who use varied accelerants or devices could face the state's harshest penalties, potentially acting as a stronger deterrent.
Modernizes legal tools for law enforcement. As criminals use new materials and methods to start fires, updating the definitions ensures law enforcement and prosecutors can keep pace and more effectively pursue convictions for dangerous arson acts.
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Who cares
District attorneys
The bill would broaden first-degree arson to cover fires or explosions caused or accelerated by ignitable liquids or flammable gases, while retaining the occupied-building-or-vehicle and knowledge requirements.
Fire investigators
The bill would make the use of accelerants and the dispersal or distribution of incendiary devices relevant to additional grounds for first-degree arson charges.
Criminal defense attorneys and arson defendants
The bill would broaden the definition of an incendiary device beyond a breakable container to include a device designed to produce uncontained combustion or used as an ignition source, expanding exposure to a class A-I felony.
Headline styles
Toughen Arson Law
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.824
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 60–0
- Advanced to third reading
- 2nd report cal.
Show 2 earlier actions
- 1st report cal.82
- 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 Laws
In Assembly Committee · Codes · Sponsor Michael Cusick
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2616
2017-2018 Regular Sessions
IN SENATE
January 13, 2017
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed 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.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to arson in the first degree
Purpose
This bill expands and clarifies the definition of arson in the first degree to include fires accelerate by various incendiary materials, and fires caused or accelerated by the use of flammable or combustible liquids or flammable gases.
Summary of provisions
This bill would expand and clarify the definition of arson in the first degree, section 150.20 of the Penal Law. Under the proposed amendment a person will be guilt of arson in the first degree if he or she inten- tionally damages a building or motor vehicle by causing and explosion or fire, when such an explosion or fire is cause by an incendiary device or an explosive or by utilizing a flammable or combustible liquid or flamm- able gas. Secondly, the definition of "incendiary device" would be expanded to include chemically or mechanically ignited devices. Finally, the bill would add a definition for the term "explosive" to the crime of arson in the first degree.
Read the full memo (651 words)
Justification
This bill, to expand the definition of arson in the first degree, would serve as a deterrent as first degree arson can be prosecuted with stric- ter penalties.
A broader arson law would avoid the result that occurred in People v. Fernandez, 569 N.Y.S. 2d 569 (N.Y. Co. Crim. Term April 11, 1991). In Fernandez, the defendants, described as members of a gang, repeatedly engaged in drug activity and were indicted under the first degree arson statue because they allegedly poured gasoline into an automobile, drove it into a building, and then threw a lit book of matches into an automo- bile, as retaliation against residents who reported such drug activity. The judge dismissed the part of indictment concluding that the automo- bile used to commence the fire was not an "incendiary device" under section 150.20 of the Penal Law.
The Judge also stated that, "if the Legislature wishes to raise the penalty for acts of terrorism... then it must once again redraft the first degree arson statue," 569 N.Y.S. 2d 573. More recently, on July 10, 2006, evidence supports that Dr. Nicholas Bertha rigged the main gas line in the basement of his Upper East Side home allowing large amounts of flammable natural gas to be released into the air. The explosion, an apparent attempt at suicide and to destroy the house as a result of a martial dispute, was devastating.
While the doctor ultimately died of his injuries prior to prosecution, it is not clear whether he could have been convicted of arson in the first degree since he apparently did not utilize any incendiary devices or explosives as defined in the current law. This is despite the indi- cation that the release of natural gas was a purposeful act. The acts alleged in the Fernandez case and the Upper East Side explosion should
be subject to prosecution as first degree arson. Such prosecution would take place if the proposed amendment to the Penal Law were enacted.
Legislative history
2017: S.2616 - Passed Senate / A.3161 - Referred to Codes 2016: S.3480 - Passed Senate / A.9681 - Referred to Codes 2015: S.3480 - Passed Senate 2014: S.4162 Passed Senate / A.6184 - Referred to Codes 2011-2012: S.2950 - Passed Senate / A.10424 - Referred to Codes 2010: S.503 - Referred to Codes / A.5917 - Referred to Codes 2009: S.503 - Referred to Codes / A.5917 - Referred to Codes 2008: S.5551 - Passed Senate / A.5248 - Referred to Codes 2007: S.5551 - Passed Senate / A.5248 - Referred to Codes 2006: S.5622 - Passed Senate / A.8905 Referred to Codes 2005: S.5622 - Passed Senate / A.8905 - Referred to Codes
Fiscal implications
Undetermined.
Effective date
This act shall take effect on the thirtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.