Proscribes intentional damaging of a house of worship by starting a fire, within the class B felony of arson in the second degree and the class A-I felony of arson in the first degree; increases the severity of the degree of the crime of arson when it involves the arson of a house of worship; defines the term "house of worship".
STATE OF NEW YORK
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4727
2011-2012 Regular Sessions
IN ASSEMBLY
February 7, 2011
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Introduced by M. of A. P. RIVERA -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to arson in houses of worship
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 150.00 of the penal law is amended by adding a new
2 subdivision 3 to read as follows:
3 3. "House of worship" means any building or the contents located ther-
4 ein, or other real property, belonging to or held in trust by an "incor-
5 porated church" or an "unincorporated church" as defined in section two
6 of the religious corporations law.
7 § 2. Section 150.15 of the penal law, as amended by chapter 225 of the
8 laws of 1979, is amended to read as follows:
9 § 150.15 Arson in the second degree.
10 A person is guilty of arson in the second degree when he or she inten-
11 tionally damages:
12 1. a house of worship by starting a fire; or
13 2. a building or motor vehicle by starting a fire, and when (a) anoth-
14 er person who is not a participant in the crime is present in such
15 building or motor vehicle at the time, and (b) the defendant knows that
16 fact or the circumstances are such as to render the presence of such a
17 person therein a reasonable possibility.
18 Arson in the second degree is a class B felony.
19 § 3. Subdivision 1 of section 150.20 of the penal law, as amended by
20 chapter 950 of the laws of 1984, is amended to read as follows:
21 1. A person is guilty of arson in the first degree when he or she
22 intentionally damages a house of worship, a building or motor vehicle by
23 causing an explosion or a fire and when (a) such explosion or fire is
24 caused by an incendiary device propelled, thrown or placed inside or
25 near such house of worship, building or motor vehicle; or when such
26 explosion or fire is caused by an explosive; or when such explosion or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00412-01-1
A. 4727 2
1 fire either (i) causes serious physical injury to another person other
2 than a participant, or (ii) the explosion or fire was caused with the
3 expectation or receipt of financial advantage or pecuniary profit by the
4 actor; and when (b) another person who is not a participant in the crime
5 is present in such house of worship, building or motor vehicle at the
6 time; and (c) the defendant knows that fact or the circumstances are
7 such as to render the presence of such person therein a reasonable
8 possibility.
9 § 4. This act shall take effect on the first of November next succeed-
10 ing the date on which it shall have become a law.
