S T A T E   O F   N E W   Y O R K
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                                  4945

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2013
                               ___________

Introduced by M. of A. COLTON -- read once and referred to the Committee
  on Codes

AN ACT to amend the penal law, in relation to criminalizing the theft of
  motor fuel from a motor vehicle

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The penal law is amended by adding a new section 165.12  to
read as follows:
S 165.12 THEFT OF MOTOR FUEL.
  1.  A PERSON IS GUILTY OF THEFT OF MOTOR FUEL WHEN, KNOWING THAT HE OR
SHE DOES NOT HAVE THE CONSENT OF THE OWNER OF A VEHICLE TO DO SO, HE  OR
SHE  SIPHONS,  DRAINS OR OTHERWISE REMOVES MOTOR FUEL FROM THE FUEL TANK
OF SUCH VEHICLE OR FROM A STORAGE CONTAINER LOCATED IN OR ON SUCH  VEHI-
CLE. A PERSON WHO ENGAGES IN ANY SUCH CONDUCT WITHOUT THE CONSENT OF THE
OWNER  OF  THE  VEHICLE IS PRESUMED TO KNOW THAT HE OR SHE DOES NOT HAVE
SUCH CONSENT.
  2. IT IS A DEFENSE TO SUCH CHARGE THAT SUCH PERSON WAS  AUTHORIZED  TO
REMOVE THE MOTOR FUEL PURSUANT TO LAW OR BY PERMISSION OF THE OWNER.
  3.  AS  USED  IN  THIS  SECTION:  A. "MOTOR VEHICLE" MEANS ANY VEHICLE
PROPELLED IN WHOLE OR IN PART BY COMBUSTION OR OTHER USE OF MOTOR  FUEL,
INCLUDING  VEHICLES PERMITTED UNDER THE VEHICLE AND TRAFFIC LAW TO OPER-
ATE ON PUBLIC HIGHWAYS, BOATS, SNOWMOBILES, JET-SKIS, OFF-ROAD VEHICLES,
ALL-TERRAIN VEHICLES, ROAD BUILDING MACHINERY,  POWER  SHOVELS,  TRACTOR
CRANES AND TRACTORS USED EXCLUSIVELY FOR AGRICULTURAL PURPOSES; AND
  B.  "MOTOR  FUEL"  MEANS  ANY  PETROLEUM PRODUCT WHICH IS USED FOR THE
PROPULSION OF ANY MOTOR VEHICLE, AND INCLUDES GASOLINE, BENZOL OR  OTHER
PRODUCT,  EXCEPT  KEROSENE  AND  CRUDE OIL, WHICH IS SUITABLE FOR USE IN
OPERATION OF A MOTOR VEHICLE ENGINE, PROVIDED THAT IF KEROSENE OR  CRUDE
OIL  IS  COMPOUNDED OR MIXED WITH ANY OTHER PRODUCT OR PRODUCTS, AND THE
RESULTING COMPOUND OR MIXTURE IS SUITABLE FOR USE IN  THE  OPERATION  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04158-02-3

              

A. 4945                             2

ANY SUCH MOTOR VEHICLE ENGINE, SUCH RESULTING COMPOUND OR MIXTURE IN ITS
ENTIRETY SHALL BE A "MOTOR FUEL".
  THEFT OF MOTOR FUEL IS A CLASS A MISDEMEANOR.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.