What's happening
This bill expands the definition of first-degree arson to include fires accelerated by ignitable liquids, flammable gases, or certain incendiary devices.
Why it matters
Broadens prosecutorial tools. By expanding arson in the first degree to include fires *accelerated* by ignitable liquids, flammable gases, or a wider range of incendiary devices, prosecutors can more easily charge offenders who use common arson accelerants, even if the fire wasn’t started directly by these means.
Covers more modern arson methods. The updated definition reflects the reality that arsonists often use substances or devices to enhance the destructive power or speed of a fire, closing loopholes that previously limited prosecution to more narrowly defined scenarios.
Increases potential penalties for dangerous conduct. Those who use accelerants or modern incendiary devices now face the most serious arson charges, even if their methods previously fell outside strict legal definitions, thereby serving as a stronger deterrent and providing greater recourse for victims.
Clarifies “incendiary device” definition. The bill removes restrictive language (such as requiring a breakable container or a wick) and now includes any device designed to produce uncontained combustion or serve as a source of ignition, reflecting the variety and evolution of incendiary tools.
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Who cares
Prosecutors
The bill would expand first-degree arson to cover fires or explosions caused or accelerated by ignitable liquids or flammable gases, subject to the existing occupancy and knowledge requirements.
Criminal defense attorneys and arson defendants
The bill would broaden conduct covered by first-degree arson, which is a class A-I felony, and expand the definition of an incendiary device.
Fire investigators
The bill would make the use of ignitable liquids, flammable gases and devices used as ignition sources relevant to the expanded first-degree arson provisions.
Building and motor vehicle occupants
The expanded provisions would apply when a nonparticipant is present and the defendant knows that or the circumstances make their presence a reasonable possibility.
Headline styles
Toughen Arson Laws
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
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 Laws
In Senate Committee · Codes · Sponsor Andrew J. Lanza
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7175
2019-2020 Regular Sessions
IN ASSEMBLY
April 10, 2019
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.
LBD03094-01-9
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.