TITLE OF BILL: An act to amend the penal law, in relation to
criminalizing the theft of motor fuel from a motor vehicle
PURPOSE OR GENERAL IDEA OF BILL: To create criminal penalties for
stealing motor fuel from a motor vehicle by making it a class A
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the penal law to add a new section 165.12 "Theft of
motor fuel". Section 1 subdivision 3 defines the terms "motor vehicle"
and "motor fuel" and states that the unauthorized removal of motor
fuel from a motor vehicle will result in class A misdemeanor.
JUSTIFICATION: This law is being introduced to help deter the
siphoning of gas from motor vehicles. The rising cost of gas makes
this type of theft increasingly egregious and dangerous to the victim
in emergency situations.
PRIOR LEGISLATIVE HISTORY:
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect on the first of November
next succeeding the date on which it shall have become law.
S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N A S S E M B L Y
February 13, 2013
Introduced by M. of A. COLTON -- read once and referred to the Committee
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:
1 Section 1. The penal law is amended by adding a new section 165.12 to
2 read as follows:
3 S 165.12 THEFT OF MOTOR FUEL.
4 1. A PERSON IS GUILTY OF THEFT OF MOTOR FUEL WHEN, KNOWING THAT HE OR
5 SHE DOES NOT HAVE THE CONSENT OF THE OWNER OF A VEHICLE TO DO SO, HE OR
6 SHE SIPHONS, DRAINS OR OTHERWISE REMOVES MOTOR FUEL FROM THE FUEL TANK
7 OF SUCH VEHICLE OR FROM A STORAGE CONTAINER LOCATED IN OR ON SUCH VEHI-
8 CLE. A PERSON WHO ENGAGES IN ANY SUCH CONDUCT WITHOUT THE CONSENT OF THE
9 OWNER OF THE VEHICLE IS PRESUMED TO KNOW THAT HE OR SHE DOES NOT HAVE
10 SUCH CONSENT.
11 2. IT IS A DEFENSE TO SUCH CHARGE THAT SUCH PERSON WAS AUTHORIZED TO
12 REMOVE THE MOTOR FUEL PURSUANT TO LAW OR BY PERMISSION OF THE OWNER.
13 3. AS USED IN THIS SECTION: A. "MOTOR VEHICLE" MEANS ANY VEHICLE
14 PROPELLED IN WHOLE OR IN PART BY COMBUSTION OR OTHER USE OF MOTOR FUEL,
15 INCLUDING VEHICLES PERMITTED UNDER THE VEHICLE AND TRAFFIC LAW TO OPER-
16 ATE ON PUBLIC HIGHWAYS, BOATS, SNOWMOBILES, JET-SKIS, OFF-ROAD VEHICLES,
17 ALL-TERRAIN VEHICLES, ROAD BUILDING MACHINERY, POWER SHOVELS, TRACTOR
18 CRANES AND TRACTORS USED EXCLUSIVELY FOR AGRICULTURAL PURPOSES; AND
19 B. "MOTOR FUEL" MEANS ANY PETROLEUM PRODUCT WHICH IS USED FOR THE
20 PROPULSION OF ANY MOTOR VEHICLE, AND INCLUDES GASOLINE, BENZOL OR OTHER
21 PRODUCT, EXCEPT KEROSENE AND CRUDE OIL, WHICH IS SUITABLE FOR USE IN
22 OPERATION OF A MOTOR VEHICLE ENGINE, PROVIDED THAT IF KEROSENE OR CRUDE
23 OIL IS COMPOUNDED OR MIXED WITH ANY OTHER PRODUCT OR PRODUCTS, AND THE
24 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.
A. 4945 2
1 ANY SUCH MOTOR VEHICLE ENGINE, SUCH RESULTING COMPOUND OR MIXTURE IN ITS
2 ENTIRETY SHALL BE A "MOTOR FUEL".
3 THEFT OF MOTOR FUEL IS A CLASS A MISDEMEANOR.
4 S 2. This act shall take effect on the first of November next succeed-
5 ing the date on which it shall have become a law.