Creates the crime of criminal destruction in the first and second degrees; a person is guilty of criminal destruction in the second degree when he or she willfully and knowingly damages or destroys any farm product grown for personal or commercial use or for testing or research purposes; a person is guilty of criminal destruction in the first degree when he or she willfully and knowingly damages or destroys any farm product grown for personal or commercial use or for testing or research purposes and the value of such farm product is greater than ten thousand dollars; criminal destruction in second degree is a class E felony and criminal destruction in the first degree is a class D felony.
STATE OF NEW YORK
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2458
2011-2012 Regular Sessions
IN SENATE
January 21, 2011
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Introduced by Sen. MARCELLINO -- 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 criminal destruction
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 two new sections 145.28
2 and 145.29 to read as follows:
3 § 145.28 Criminal destruction in the second degree.
4 A person is guilty of criminal destruction in the second degree when
5 he or she willfully and knowingly damages or destroys any farm product,
6 as defined in section seventy-one-y of the agriculture and markets law,
7 that is grown for personal or commercial purposes, or for testing or
8 research purposes in the context of a product development program in
9 conjunction or coordination with a private research facility or a
10 university or any federal, state, or local government agency.
11 Criminal destruction in the second degree is a class E felony.
12 § 145.29 Criminal destruction in the first degree.
13 A person is guilty of criminal destruction in the first degree when he
14 or she willfully and knowingly damages or destroys any farm product, as
15 defined in section seventy-one-y of the agriculture and markets law,
16 that is grown for personal or commercial purposes, or for testing or
17 research purposes in the context of a product development program in
18 conjunction or coordination with a private research facility or a
19 university or any federal, state, or local government agency and the
20 value of such farm product is greater than ten thousand dollars. Such
21 value shall be based on the market value of the farm product prior to
22 the damage or destruction, and production, research, testing, replace-
23 ment, and crop development costs directly related to the farm product
24 that has been damaged or destroyed as part of the value of the farm
25 product.
26 Criminal destruction in the first degree is a class D felony.
27 § 2. This act shall take effect on the first of November next succeed-
28 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07357-01-1
