S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    717
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M.  of  A.  BUTTENSCHON -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law, in relation to the causation of a fire or
   explosion during the course of committing or attempting  to  commit  a
   controlled substance felony

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 150.05 of the penal law, as amended by chapter  225
 of the laws of 1979, is amended to read as follows:
 § 150.05 Arson in the fourth degree.
   1.  A  person  is  guilty of arson in the fourth degree when [he] SUCH
 PERSON:
   (A) recklessly damages a building or motor  vehicle  by  intentionally
 starting a fire or causing an explosion[.]; OR
   (B) DAMAGES A BUILDING OR MOTOR VEHICLE BY FIRE OR BY EXPLOSION IN THE
 COURSE  OF THE COMMISSION OR ATTEMPTED COMMISSION OF A FELONY AS DEFINED
 IN ARTICLE TWO HUNDRED TWENTY OF THIS CHAPTER.
   2. In any prosecution under this section, it is an affirmative defense
 that no person other than the defendant had a possessory or  proprietary
 interest in the building or motor vehicle.
   Arson in the fourth degree is a class E felony.
   § 2. Section 150.10 of the penal law, as amended by chapter 225 of the
 laws of 1979, is amended to read as follows:
 § 150.10 Arson in the third degree.
   1.  A  person  is  guilty  of arson in the third degree when [he] SUCH
 PERSON:
   (A) intentionally damages a building or motor vehicle  by  starting  a
 fire or causing an explosion[.]; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02295-01-5
 A. 717                              2
              

 
   (B)  RECKLESSLY  DAMAGES  A  BUILDING  OR  MOTOR VEHICLE BY FIRE OR BY
 EXPLOSION IN THE COURSE OF THE COMMISSION OR ATTEMPTED COMMISSION  OF  A
 FELONY AS DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THIS CHAPTER.
   2. In any prosecution under this section, it is an affirmative defense
 that (a) no person other than the defendant had a possessory or proprie-
 tary  interest in the building or motor vehicle, or if other persons had
 such interests, all of them consented to the  defendant's  conduct,  and
 (b) the defendant's sole intent was to destroy or damage the building or
 motor vehicle for a lawful and proper purpose, and (c) the defendant had
 no  reasonable  ground  to  believe  that [his] SUCH DEFENDANT'S conduct
 might endanger the life or safety of another person  or  damage  another
 building or motor vehicle.
   Arson in the third degree is a class C felony.
   § 3. This act shall take effect immediately.