Assembly Bill A9681

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

                                  9681

                          I N  A S S E M B L Y

                             March 29, 2016
                               ___________

Introduced by M. of A. CUSICK -- read once and referred 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
IGNITION.
  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.
                                                           LBD01566-01-5