What's happening
This bill expands first- and second-degree robbery to include attempts using devices that appear to be bombs or explosives.
Why it matters
Broadens the definition of robbery. to include situations where a person uses or even just threatens the use of devices that *look like* bombs or explosives, not only actual dangerous instruments. This means that even fake or non-functional devices, if used to intimidate, can trigger harsher robbery charges.
Increases potential criminal liability. for individuals who attempt robbery by displaying or referencing objects that appear to be explosives, regardless of whether the device is real. The psychological impact on victims is recognized as significant, even if there is no real explosive.
Provides an affirmative defense for non-operational devices. , meaning a defendant can argue in court that what was threatened was not a real bomb or explosive. However, this does *not* prevent prosecution for lesser degrees of robbery or other crimes, so the risk of criminal conviction remains high.
Aims to deter intimidation tactics. that exploit fear of explosives, reflecting heightened concerns about public safety and the potential for panic, even in cases involving fake devices. This could lead to longer sentences and a broader scope of prosecution for robbery cases involving threats with imitation explosives.
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Who cares
Headline styles
Expand Robbery Definition
Plain English, a few words. Used as the page title.
Sponsors
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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
77
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. ROBACH -- 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 expanding the crime of robbery in the first and second degrees to include attempts of such crime with a device appearing to be a bomb or other explosive device
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 160.15 of the penal law, as amended by chapter 374 of the laws of 1973, is amended to read as follows:
3. Uses or threatens the immediate use of a dangerous instrument, including but not limited to, any device or object that constitutes, appears to constitute, or is represented to constitute, in whole or in part, a bomb, destructive device, or an explosive or hazardous substance; except that in any prosecution under this subdivision, it is an affirmative defense that such device or object which was threatened, was not an operative bomb, destructive device, explosive or hazardous substance. Nothing contained in this subdivision shall constitute a defense to a prosecution for, or preclude a conviction of, robbery in the second degree, robbery in the third degree or any other crime; or
§ 2. Subdivision 2 of section 160.10 of the penal law is amended by adding a new paragraph (c) to read as follows:
(c) Displays or threatens to use any device or object that constitutes, appears to constitute, or is represented to constitute, in whole or in part, a bomb, destructive device, or an explosive or hazardous substance; or
§ 3. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05351-01-9
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 expand- ing the crime of robbery in the first and second degrees to include attempts of such crime with a device appearing to be a bomb or other explosive device
Purpose
To expand the crime of robbery in the first or second degrees to include attempts with a device appearing to be a bomb or other explosive device.
Summary of provisions
Section 1 of the bill amends the Penal Law § 160.15 as amended by chap- ter 374 of the laws of 1973 to include devices that constitutes, appears to constitute, or is represented to constitute, in whole or in part a bomb, destructive device or an explosive or hazardous substance. Section 2 of the bill amends the Penal Law § 160.10 to include devices that constitutes, appears to constitute, or is represented to constitute, in whole or in part a bomb, destructive device or an explosive or hazardous substance.
Justification
Under existing law, if someone robs a bank by putting their hand in a pocket and pretending to have a gun, or by using a fake toy gun, that a person is guilty of either a first or second degree robbery. However, under existing law, of the same person robs a bank and threatens to blow up the bank by displaying a device that appears to be a bomb, the person is only guilty of third degree robbery. This result is not logical, as the threat of a bomb is every bit as serious, and arguably more serious, than the threat of a gun.
Legislative history
2012 Passed Senate 2013 Passed Senate 2014 Passed Senate 2015-16: Referred to Codes 2017-18 Passed Senate
Fiscal implications
None.
Effective date
This act shall take effect on the first of November next succeeding the date on which 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.