Includes exposing another person to fentanyl, a fentanyl derivative or an opiate containing fentanyl or a fentanyl derivative by any means including throwing or tossing at or injecting such other person with any such substance in the definition of the offense of assault in the first degree.
S T A T E O F N E W Y O R K
________________________________________________________________________
4330
2025-2026 Regular Sessions
I N A S S E M B L Y
February 4, 2025
___________
Introduced by M. of A. BUTTENSCHON -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to including exposing another
person to fentanyl, fentanyl derivatives or opiates containing fenta-
nyl or fentanyl derivatives in the definition of the offense of
assault 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 120.10 of the penal law, subdivision 4 as amended
by chapter 791 of the laws of 1967 and the closing paragraph as amended
by chapter 646 of the laws of 1996, is amended to read as follows:
§ 120.10 Assault in the first degree.
A person is guilty of assault in the first degree when:
1. With intent to cause serious physical injury to another person,
[he] SUCH PERSON causes such injury to such OTHER person or to a third
person by means of a deadly weapon or a dangerous instrument; or
2. With intent to disfigure another person seriously and permanently,
or to destroy, amputate or disable permanently a member or organ of
[his] SUCH OTHER PERSON'S body, [he] SUCH PERSON causes such injury to
such OTHER person or to a third person; or
3. Under circumstances evincing a depraved indifference to human life,
[he] SUCH PERSON recklessly engages in conduct which creates a grave
risk of death to another person, and thereby causes serious physical
injury to another person; or
4. In the course of and in furtherance of the commission or attempted
commission of a felony or of immediate flight therefrom, [he] SUCH
PERSON, or another participant if there be any, causes serious physical
injury to a person other than one of the participants; OR
5. WITH INTENT TO CAUSE SERIOUS PHYSICAL INJURY TO ANOTHER PERSON,
SUCH PERSON CAUSES SUCH INJURY TO SUCH OTHER PERSON BY EXPOSING SUCH
OTHER PERSON TO FENTANYL, A FENTANYL DERIVATIVE OR AN OPIATE CONTAINING
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07451-01-5
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.