Establishes the crimes of home invasion robbery in the first and second degrees; these new crimes differ from burglary in that the intent to commit a robbery of a person within their own home is present from the outset, and in many cases of home invasion, the perpetrator uses deception to gain entry to a dwelling.
STATE OF NEW YORK
________________________________________________________________________
5454
2009-2010 Regular Sessions
IN ASSEMBLY
February 13, 2009
___________
Introduced by M. of A. SPANO, WEISENBERG, FIELDS, MAISEL, CHRISTENSEN,
CUSICK, CARROZZA, CLARK, ZEBROWSKI, SCHIMMINGER, BROOK-KRASNY, LANC-
MAN, ALESSI, GALEF, KOON, COLTON -- Multi-Sponsored by -- M. of A.
ABBATE, EDDINGTON, ENGLEBRIGHT, ESPAILLAT, HYER-SPENCER, MARKEY, PRET-
LOW, SEMINERIO -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to establishing home inva-
sion robbery offenses
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 article 163 to
2 read as follows:
3 ARTICLE 163
4 HOME INVASION ROBBERY
5 Section 163.00 Home invasion robbery; defined.
6 163.05 Home invasion robbery in the second degree.
7 163.10 Home invasion robbery in the first degree.
8 § 163.00 Home invasion robbery; defined.
9 For the purposes of this article, "home invasion robbery" means any
10 robbery as defined in section 160.00 of this title that occurs when a
11 person enters a dwelling with the intent to commit a robbery, and does
12 commit a robbery of the occupants therein.
13 § 163.05 Home invasion robbery in the second degree.
14 A person is guilty of home invasion robbery in the second degree when
15 he or she commits a home invasion robbery and is aided by another person
16 actually present.
17 Home invasion robbery in the second degree is a class C felony.
18 § 163.10 Home invasion robbery in the first degree.
19 A person is guilty of home invasion robbery in the first degree when
20 he or she commits a home invasion robbery and when, in the course of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06536-01-9
A. 5454 2
1 commission of such crime or of immediate flight therefrom, he or she or
2 another participant in such crime:
3 1. Causes serious physical injury to any person who is not a partic-
4 ipant in such crime; or
5 2. Is armed with a deadly weapon; or
6 3. Uses or threatens the immediate use of a dangerous instrument; or
7 4. Displays what appears to be a pistol, revolver, rifle, shotgun,
8 machine gun or other firearm; except that in any prosecution under this
9 subdivision, it is an affirmative defense that such pistol, revolver,
10 rifle, shotgun, machine gun or other firearm was not a loaded weapon
11 from which a shot, readily capable of producing death or other serious
12 physical injury, could be discharged. Nothing contained in this subdivi-
13 sion shall constitute a defense to a prosecution for, or preclude a
14 conviction of, home invasion robbery in the second degree or any other
15 offense.
16 Home invasion robbery in the first degree is a class B felony.
17 § 2. This act shall take effect on the first of November next succeed-
18 ing the date on which it shall have become a law.
