S T A T E O F N E W Y O R K
2011-2012 Regular Sessions
I N S E N A T E
February 3, 2011
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 ASSEM-
BLY, 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:
S 150.20 Arson in the first degree.
1. A person is guilty of arson in the first degree when he inten-
tionally 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 expecta-
tion 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
Arson in the first degree is a class A-I felony.
S 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.