S T A T E O F N E W Y O R K ________________________________________________________________________ 3039 2013-2014 Regular Sessions I N S E N A T E January 29, 2013 ___________ Introduced by Sens. BONACIC, LARKIN, SEWARD -- 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 robbery in the second degree THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 160.10 of the penal law, as amended by chapter 374 2 of the laws of 1973, paragraph (b) of subdivision 2 as amended and 3 subdivision 3 as added by chapter 308 of the laws of 1995, is amended to 4 read as follows: 5 S 160.10 Robbery in the second degree. 6 A person is guilty of robbery in the second degree when he forcibly 7 steals property and when: 8 1. He is aided by another person actually present; or 9 2. In the course of the commission of the crime or of immediate flight 10 therefrom, he or another participant in the crime: 11 (a) Causes physical injury to any person who is not a participant in 12 the crime; or 13 (b) Displays what appears to be a pistol, revolver, rifle, shotgun, 14 machine gun or other firearm; or 15 (C) ORALLY OR IN WRITING COMMUNICATES THE THREAT OF THE USE OF A 16 FIREARM OR EXPLOSIVE DEVICE; OR 17 3. The property consists of a motor vehicle, as defined in section one 18 hundred twenty-five of the vehicle and traffic law. 19 Robbery in the second degree is a class C felony. 20 S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06717-01-3