STATE OF NEW YORK
________________________________________________________________________
1543
2011-2012 Regular Sessions
IN SENATE
January 10, 2011
___________
Introduced by Sen. SKELOS -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to the theft of a motor vehi-
cle while a child is present therein
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 155.35 of the penal law, as amended by chapter 464
2 of the laws of 2010, is amended to read as follows:
3 § 155.35 Grand larceny in the third degree.
4 A person is guilty of grand larceny in the third degree when he or she
5 steals property and when:
6 1. [when] the value of the property exceeds three thousand dollars[,];
7 or
8 2. the property is an automated teller machine or the contents of an
9 automated teller machine[.]; or
10 3. The property consists of a motor vehicle, as defined in section one
11 hundred twenty-five of the vehicle and traffic law, and, during the
12 commission of such offense, a child under the age of sixteen years is
13 present in or on such motor vehicle.
14 Grand larceny in the third degree is a class D felony.
15 § 2. Section 155.42 of the penal law, as added by chapter 515 of the
16 laws of 1986, is amended to read as follows:
17 § 155.42 Grand larceny in the first degree.
18 A person is guilty of grand larceny in the first degree when he or she
19 steals property and when [the]:
20 1. The value of the property exceeds one million dollars[.]; or
21 2. The property, regardless of its value, consists of a motor vehicle,
22 as defined in section one hundred twenty-five of the vehicle and traffic
23 law, is obtained by extortion committed by instilling in the victim a
24 fear that the actor or another person will cause physical injury to some
25 person, in the future, and a child under the age of sixteen years is
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06238-01-1
S. 1543 2
1 present in or on such motor vehicle during the commission of such
2 offense.
3 Grand larceny in the first degree is a class B felony.
4 § 3. Section 160.15 of the penal law, as amended by chapter 374 of the
5 laws of 1973, is amended to read as follows:
6 § 160.15 Robbery in the first degree.
7 A person is guilty of robbery in the first degree when he or she
8 forcibly steals property and when[, in]:
9 1. In the course of the commission of the crime or of immediate flight
10 therefrom, he, she or another participant in the crime:
11 [1.] (a) Causes serious physical injury to any person who is not a
12 participant in the crime; or
13 [2.] (b) Is armed with a deadly weapon; or
14 [3.] (c) Uses or threatens the immediate use of a dangerous instru-
15 ment; or
16 [4.] (d) Displays what appears to be a pistol, revolver, rifle, shot-
17 gun, machine gun or other firearm; except that in any prosecution under
18 this [subdivision] paragraph, it is an affirmative defense that such
19 pistol, revolver, rifle, shotgun, machine gun or other firearm was not a
20 loaded weapon from which a shot, readily capable of producing death or
21 other serious physical injury, could be discharged. Nothing contained in
22 this [subdivision] paragraph shall constitute a defense to a prosecution
23 for, or preclude a conviction of, robbery in the second degree, robbery
24 in the third degree or any other crime[.]; or
25 2. The property consists of a motor vehicle, as defined in section one
26 hundred twenty-five of the vehicle and traffic law, and, during the
27 commission of such offense, a child under the age of sixteen years is
28 present in or on such motor vehicle.
29 Robbery in the first degree is a class B felony.
30 § 4. This act shall take effect on the first of November next succeed-
31 ing the date on which it shall have become a law.
