What's happening
This bill expands arson charges to include fires or explosions caused during the commission or attempted commission of controlled substance felonies.
Why it matters
Targets drug-related fires. This bill specifically expands arson charges to include situations where a fire or explosion occurs while someone is committing or attempting to commit a felony involving controlled substances. This is significant because it recognizes the heightened risk of fire or explosion in illegal drug manufacturing or distribution.
Expands prosecutorial options. By allowing arson charges in cases involving drug felonies that result in fire or explosion (even if the fire was not intentionally set), prosecutors have a new tool to address the dangers associated with illegal drug operations, such as meth labs or other hazardous manufacturing activities.
Raises stakes for drug crimes. Individuals involved in controlled substance felonies now face the possibility of more serious criminal charges (arson in the fourth or third degree) if their actions cause a fire or explosion, increasing potential penalties and deterrence.
Addresses public safety concerns. Fires and explosions linked to drug crimes pose risks not only to those involved but also to neighbors, first responders, and property. By broadening arson statutes, the law aims to enhance accountability and reinforce community safety.
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Who cares
District attorneys
The bill would add grounds for fourth- and third-degree arson charges when fire or explosion damages a building or motor vehicle during the commission or attempted commission of a controlled substance felony.
Criminal defense attorneys and people accused of controlled substance felonies
The bill would make damage during those offenses fourth-degree arson, a class E felony, and reckless damage third-degree arson, a class C felony, while retaining existing affirmative defenses.
Building and motor vehicle owners
The bill would expand arson liability for damage to their property caused by fire or explosion during controlled substance felonies or attempts.
Headline styles
Tougher Penalties for Drug Arson
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
717
2025-2026 Regular Sessions
IN ASSEMBLY (Prefiled)
January 8, 2025
Introduced by M. of A. BUTTENSCHON -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to the causation of a fire or explosion during the course of committing or attempting to commit a controlled substance felony
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 150.05 of the penal law, as amended by chapter 225 of the laws of 1979, is amended to read as follows: § 150.05 Arson in the fourth degree.
1. A person is guilty of arson in the fourth degree when [he] such person:
(a) recklessly damages a building or motor vehicle by intentionally starting a fire or causing an explosion[.]; or
(b) damages a building or motor vehicle by fire or by explosion in the course of the commission or attempted commission of a felony as defined in article two hundred twenty of this chapter.
2. In any prosecution under this section, it is an affirmative defense that no person other than the defendant had a possessory or proprietary interest in the building or motor vehicle.
Arson in the fourth degree is a class E felony.
§ 2. Section 150.10 of the penal law, as amended by chapter 225 of the laws of 1979, is amended to read as follows: § 150.10 Arson in the third degree.
1. A person is guilty of arson in the third degree when [he] such person:
(a) intentionally damages a building or motor vehicle by starting a fire or causing an explosion[.]; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02295-01-5
(b) recklessly damages a building or motor vehicle by fire or by explosion in the course of the commission or attempted commission of a felony as defined in article two hundred twenty of this chapter.
2. In any prosecution under this section, it is an affirmative defense that (a) no person other than the defendant had a possessory or proprietary interest in the building or motor vehicle, or if other persons had such interests, all of them consented to the defendant's conduct, and (b) the defendant's sole intent was to destroy or damage the building or motor vehicle for a lawful and proper purpose, and (c) the defendant had no reasonable ground to believe that [his] such defendant's conduct might endanger the life or safety of another person or damage another building or motor vehicle.
Arson in the third degree is a class C felony.
§ 3. This act shall take effect immediately.
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.