STATE OF NEW YORK
________________________________________________________________________
1667
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
Introduced by M. of A. WEPRIN, SEAWRIGHT -- read once and referred to
the Committee on Codes
AN ACT to amend the penal law, in relation to the criminal facilitation
of crimes involving firearms
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 115.08 of the penal law, as added by chapter 422 of
2 the laws of 1978, is amended to read as follows:
3 § 115.08 Criminal facilitation in the first degree.
4 A person is guilty of criminal facilitation in the first degree
5 when[,]:
6 1. believing it probable that he or she is rendering aid to a person
7 under sixteen years of age who intends to engage in conduct that would
8 constitute a class A felony, he or she, being over eighteen years of
9 age, engages in conduct which provides such person with means or oppor-
10 tunity for the commission thereof and which in fact aids such person to
11 commit such a class A felony; or
12 2. by implication of the act, such person assists, makes available,
13 facilitates and/or provides an opportunity for a principal actor to
14 acquire an automatic weapon, shotgun, handgun or revolver, with which a
15 class A felony is performed by such principal actor.
16 Criminal facilitation in the first degree is a class B felony.
17 § 2. The opening paragraph of section 20.00 of the penal law is
18 designated subdivision 1 and a new subdivision 2 is added to read as
19 follows:
20 2. A person who, by implication, knowingly suspects that a crime may
21 be committed if the person solicits, requests, commands, importunes,
22 intentionally aids or facilitates the acquisition of an automatic weap-
23 on, shotgun, handgun or revolver which is then used by a principal actor
24 to commit a class A felony, shall be criminally liable for the commis-
25 sion of the offense, as if the person were the principal actor. Such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01468-01-3
A. 1667 2
1 person, by aiding and abetting in the commission of the crime shall be
2 prosecuted even if the principal actor is acquitted.
3 § 3. This act shall take effect on the first of November next succeed-
4 ing the date on which it shall have become a law.
