S T A T E O F N E W Y O R K
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5332
2009-2010 Regular Sessions
I N A S S E M B L Y
February 13, 2009
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Introduced by M. of A. COLTON, LANCMAN, ERRIGO, WALKER -- Multi-Spon-
sored by -- M. of A. HIKIND, MENG, TOWNS, WEISENBERG -- 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.
LBD08577-01-9
A. 5332 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 E FELONY. WHEN A PERSON IS CONVICTED
OF AN OFFENSE AS DEFINED IN THIS SECTION, THE COURT SHALL IMPOSE A FINE
OF ONE THOUSAND DOLLARS AND MAY IMPOSE A DEFINITE SENTENCE OF IMPRISON-
MENT IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION FOUR OF SECTION
70.00 OF THIS CHAPTER; OR IF SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED
OF AN OFFENSE AS DEFINED IN THIS SECTION, THE COURT SHALL IMPOSE A FINE
OF TWO THOUSAND DOLLARS AND MAY IMPOSE A DEFINITE SENTENCE OF IMPRISON-
MENT IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION FOUR OF SECTION
70.00 OF THIS CHAPTER.
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.