Legislation
SECTION 238-A
Damaging military or naval equipment, supplies or stores
Military (MIL) CHAPTER 36, ARTICLE 11
§ 238-a. Damaging military or naval equipment, supplies or stores. A
person who, wilfully or maliciously:
1. Injures or destroys any article of equipment or supplies or
military or naval stores of or for the military or naval forces of the
United States or of or for the state of New York or of or for any
foreign government with which the United States maintains diplomatic
relations, or any article used or intended for use in the production or
manufacture of any such article; or
2. Injures or destroys any building, structure, or vessel used or
occupied by the military or naval forces of the United States or of the
state of New York or of any foreign government with which the United
States maintains diplomatic relations, or any article used or intended
for use in the construction or operation of any such building, structure
or vessel; or
3. Injures or destroys any building, structure, or vessel used or
occupied in the production of any article mentioned in subdivision one
of this section or any article used or intended for use in the
construction or operation of any such building, structure, or vessel; or
4. Injures or destroys any machine, tool, implement, plan, fuel, fuel
line, power line, generator or transformer used or intended for use in
the production of any article mentioned in subdivisions one, two or
three of this section or used or intended to be used in the construction
or operation of any building, structure, or vessel mentioned in
subdivision two or three of this section; or tampers with any such
machine, tool, implement, plan, fuel, fuel line, power line, generator
or transformer with intent to lessen its efficiency in the production of
any such article; or
5. Injures or destroys any railroad engine or car, or any vehicle, or
any vessel used or intended for use in the transportation of any article
or machine mentioned in subdivision one, two, three or four of this
section, or tampers with any such engine, car, vehicle, or vessel with
intent to lessen its efficiency in the transportation of any such
article, or with intent to hinder, delay, or obstruct any military or
naval operation or defense preparation of the United States or the state
of New York or of any foreign government with which the United States
maintains diplomatic relations; or
6. Injures, destroys, obstructs, or tampers with any railroad,
highway, bridge, canal or river with intent to interfere with or delay
the transportation of any article or machine mentioned in subdivisions
one, two, three, four or five of this section, or with intent to hinder,
obstruct, or delay any military or naval operation or defense
preparation of the United States or the state of New York or of any
foreign government with which the United States maintains diplomatic
relations; or
7. Unlawfully seizes or carries away or injures or destroys or tampers
with any property with intent to hinder, obstruct, or delay any military
or naval operation or defense preparation of the United States or the
state of New York or of any foreign government with which the United
States maintains diplomatic relations; or
8. Injuries, alters, defaces, mutilates or in any manner or by any
means changes any plans, drawings, designs or specifications intended to
be used or useful in constructing, manufacturing or assembling ordnance,
instruments, equipment, implements, devices or any material needed for
or intended to be used in the defense of the United States or this state
by the military or naval forces of the United States or any foreign
government with which the United States maintains diplomatic relations,
with intent to hinder, delay, obstruct, impair, destroy or interfere
with the use of such ordnance, instruments, equipment, implements,
devices or material or the efficiency or effectiveness thereof;
Is guilty of a felony and whoever attempts to commit any of the crimes
defined by this section shall be guilty of a felony and shall be liable
to one-half the maximum punishment prescribed for the completed crime.
9. In any criminal proceeding before any court, magistrate or grand
jury for a violation of this section, the court or grand jury may confer
immunity in accordance with the provisions of section 50.20 or 190.40 of
the criminal procedure law.
person who, wilfully or maliciously:
1. Injures or destroys any article of equipment or supplies or
military or naval stores of or for the military or naval forces of the
United States or of or for the state of New York or of or for any
foreign government with which the United States maintains diplomatic
relations, or any article used or intended for use in the production or
manufacture of any such article; or
2. Injures or destroys any building, structure, or vessel used or
occupied by the military or naval forces of the United States or of the
state of New York or of any foreign government with which the United
States maintains diplomatic relations, or any article used or intended
for use in the construction or operation of any such building, structure
or vessel; or
3. Injures or destroys any building, structure, or vessel used or
occupied in the production of any article mentioned in subdivision one
of this section or any article used or intended for use in the
construction or operation of any such building, structure, or vessel; or
4. Injures or destroys any machine, tool, implement, plan, fuel, fuel
line, power line, generator or transformer used or intended for use in
the production of any article mentioned in subdivisions one, two or
three of this section or used or intended to be used in the construction
or operation of any building, structure, or vessel mentioned in
subdivision two or three of this section; or tampers with any such
machine, tool, implement, plan, fuel, fuel line, power line, generator
or transformer with intent to lessen its efficiency in the production of
any such article; or
5. Injures or destroys any railroad engine or car, or any vehicle, or
any vessel used or intended for use in the transportation of any article
or machine mentioned in subdivision one, two, three or four of this
section, or tampers with any such engine, car, vehicle, or vessel with
intent to lessen its efficiency in the transportation of any such
article, or with intent to hinder, delay, or obstruct any military or
naval operation or defense preparation of the United States or the state
of New York or of any foreign government with which the United States
maintains diplomatic relations; or
6. Injures, destroys, obstructs, or tampers with any railroad,
highway, bridge, canal or river with intent to interfere with or delay
the transportation of any article or machine mentioned in subdivisions
one, two, three, four or five of this section, or with intent to hinder,
obstruct, or delay any military or naval operation or defense
preparation of the United States or the state of New York or of any
foreign government with which the United States maintains diplomatic
relations; or
7. Unlawfully seizes or carries away or injures or destroys or tampers
with any property with intent to hinder, obstruct, or delay any military
or naval operation or defense preparation of the United States or the
state of New York or of any foreign government with which the United
States maintains diplomatic relations; or
8. Injuries, alters, defaces, mutilates or in any manner or by any
means changes any plans, drawings, designs or specifications intended to
be used or useful in constructing, manufacturing or assembling ordnance,
instruments, equipment, implements, devices or any material needed for
or intended to be used in the defense of the United States or this state
by the military or naval forces of the United States or any foreign
government with which the United States maintains diplomatic relations,
with intent to hinder, delay, obstruct, impair, destroy or interfere
with the use of such ordnance, instruments, equipment, implements,
devices or material or the efficiency or effectiveness thereof;
Is guilty of a felony and whoever attempts to commit any of the crimes
defined by this section shall be guilty of a felony and shall be liable
to one-half the maximum punishment prescribed for the completed crime.
9. In any criminal proceeding before any court, magistrate or grand
jury for a violation of this section, the court or grand jury may confer
immunity in accordance with the provisions of section 50.20 or 190.40 of
the criminal procedure law.