Establishes the crimes of home invasion robbery in the first, second and third 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
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3924
2009-2010 Regular Sessions
IN SENATE
April 6, 2009
___________
Introduced by Sens. FLANAGAN, ALESI, LARKIN, MAZIARZ, MORAHAN, RANZEN-
HOFER, SEWARD, VOLKER, WINNER -- 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 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
21 commission of such crime or of immediate flight therefrom, he or she or
22 another participant in such crime:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06536-01-9
S. 3924 2
1 1. Causes serious physical injury to any person who is not a partic-
2 ipant in such crime; or
3 2. Is armed with a deadly weapon; or
4 3. Uses or threatens the immediate use of a dangerous instrument; or
5 4. Displays what appears to be a pistol, revolver, rifle, shotgun,
6 machine gun or other firearm; except that in any prosecution under this
7 subdivision, it is an affirmative defense that such pistol, revolver,
8 rifle, shotgun, machine gun or other firearm was not a loaded weapon
9 from which a shot, readily capable of producing death or other serious
10 physical injury, could be discharged. Nothing contained in this subdivi-
11 sion shall constitute a defense to a prosecution for, or preclude a
12 conviction of, home invasion robbery in the second degree or any other
13 offense.
14 Home invasion robbery in the first degree is a class B felony.
15 § 2. This act shall take effect on the first of November next succeed-
16 ing the date on which it shall have become a law.
