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Assembly Bill A5708

2013-2014 Legislative Session

Establishes the crime of home invasion as a class B felony

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2013-A5708 (ACTIVE) - Details

Law Section:
Penal Law
Laws Affected:
Add ยง140.45, Pen L

2013-A5708 (ACTIVE) - Summary

Establishes the crime of home invasion as a class B felony.

2013-A5708 (ACTIVE) - Bill Text download pdf 

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

                                  5708

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 6, 2013
                               ___________

Introduced  by M. of A. BOYLAND -- read once and referred to the Commit-
  tee on Codes

AN ACT to amend the penal law, in relation to establishing the crime  of
  home invasion

  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 140.45  to
read as follows:
S 140.45 HOME INVASION.
  A  PERSON  IS GUILTY OF HOME INVASION WHEN THE PERSON KNOWINGLY ENTERS
OR REMAINS UNLAWFULLY IN A DWELLING WITH  INTENT  TO  COMMIT  A  VIOLENT
FELONY THEREIN, AND:
  1. THE PERSON KNOWS:
  (A) THAT ANOTHER PERSON WHO IS NOT ANOTHER PARTICIPANT IN THE CRIME IS
PRESENT IN THE DWELLING AT THE TIME; OR
  (B)  OF  CIRCUMSTANCES WHICH RENDER THE PRESENCE OF ANOTHER PERSON WHO
IS NOT ANOTHER PARTICIPANT IN THE CRIME THEREIN A  REASONABLE  POSSIBIL-
ITY; AND
  2.  WHEN,  IN  EFFECTING ENTRY OR WHEN IN THE DWELLING OR IN IMMEDIATE
FLIGHT THEREFROM, THE PERSON OR ANOTHER PARTICIPANT IN THE CRIME ENGAGES
IN THE COMMISSION OF, OR ATTEMPTS TO COMMIT, ANY OF THE FOLLOWING  FELO-
NIES:
  (A) ROBBERY IN ANY DEGREE;
  (B) ASSAULT IN THE FIRST OR SECOND DEGREE;
  (C) MURDER IN ANY DEGREE;
  (D) MANSLAUGHTER;
  (E) RAPE IN ANY DEGREE;
  (F) KIDNAPPING IN ANY DEGREE; AND
  3.  WHEN,  IN  EFFECTING ENTRY OR WHEN IN THE DWELLING OR IN IMMEDIATE
FLIGHT THEREFROM, THE PERSON OR ANOTHER PARTICIPANT IN THE CRIME:
  (A) IS ARMED WITH EXPLOSIVES OR A DEADLY WEAPON; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08977-01-3

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