A 717: Establishes that a person is guilty of arson when such person damages a building or motor vehicle by fire or explosion in the course of the commission or attempted commission of a felony.
The bill aims to expand the definition of arson in New York State. A person can be charged with arson in the fourth degree if they recklessly damage a building or vehicle by intentionally starting a fire or causing an explosion, or if they damage a building or vehicle by fire or explosion while committing or attempting to commit a controlled substance felony. In this case, the prosecution must prove that no one else had a stake in the building or vehicle. The bill also establishes an affirmative defense that the defendant had no intention to harm others or damage other property. The bill further clarifies the definition of arson in the third degree. A person can be charged with arson in the third degree if they intentionally damage a building or vehicle by starting a fire or causing an explosion, or if they damage a building or vehicle by fire or explosion while committing or attempting…
| Jan. 07, 2026 | referred to codes |
| Jan. 08, 2025 | referred to codes |
STATE OF NEW YORK ________________________________________________________________________ 717 2025-2026 Regular Sessions IN ASSEMBLY (Prefiled) January 8, 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 the causation of a fire or explosion during the course of committing or attempting to commit a controlled substance felony The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 150.05 of the penal law, as amended by chapter 225 2 of the laws of 1979, is amended to read as follows: 3 § 150.05 Arson in the fourth degree. 4 1. A person is guilty of arson in the fourth degree when [he] such 5 person: 6 (a) recklessly damages a building or motor vehicle by intentionally 7 starting a fire or causing an explosion[.]; or 8 (b) damages a building or motor vehicle by fire or by explosion in the 9 course of the commission or attempted commission of a felony as defined 10 in article two hundred twenty of this chapter. 11 2. In any prosecution under this section, it is an affirmative defense 12 that no person other than the defendant had a possessory or proprietary 13 interest in the building or motor vehicle. 14 Arson in the fourth degree is a class E felony. 15 § 2. Section 150.10 of the penal law, as amended by chapter 225 of the 16 laws of 1979, is amended to read as follows: 17 § 150.10 Arson in the third degree. 18 1. A person is guilty of arson in the third degree when [he] such 19 person: 20 (a) intentionally damages a building or motor vehicle by starting a 21 fire or causing an explosion[.]; or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02295-01-5A. 717 2 1 (b) recklessly damages a building or motor vehicle by fire or by 2 explosion in the course of the commission or attempted commission of a 3 felony as defined in article two hundred twenty of this chapter. 4 2. In any prosecution under this section, it is an affirmative defense 5 that (a) no person other than the defendant had a possessory or proprie- 6 tary interest in the building or motor vehicle, or if other persons had 7 such interests, all of them consented to the defendant's conduct, and 8 (b) the defendant's sole intent was to destroy or damage the building or 9 motor vehicle for a lawful and proper purpose, and (c) the defendant had 10 no reasonable ground to believe that [his] such defendant's conduct 11 might endanger the life or safety of another person or damage another 12 building or motor vehicle. 13 Arson in the third degree is a class C felony. 14 § 3. This act shall take effect immediately.