New York A 4406: Establishes the crimes of carjacking in first, second and third degrees

Bill Text

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A04406 Summary:

BILL NOA04406 

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SAME ASNo Same As

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SPONSORNorber

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COSPNSRBlumencranz

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MLTSPNSR

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Add Art 161 §§161.00 - 161.15, amd §70.02, Pen L

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Establishes the crimes of carjacking in first, second and third degrees, as the stealing of a motor vehicle from a person or presence of another person through the use or threatened use of force; increases penalties for causing injury to such victim, displaying a real or fake gun or using such a weapon; provides that all carjackings are violent felony offenses.

Go to top A04406 Actions:

BILL NOA04406 

&nbsp

02/04/2025referred to codes

01/07/2026referred to codes

Go to topA04406 Committee&nbspVotes:

Go to topA04406 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA04406 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4406

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 4, 2025
 ___________

 Introduced by M. of A. NORBER -- read once and referred to the Committee
 on Codes

 AN ACT to amend the penal law, in relation to carjacking

 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 161 to
 2 read as follows:
 3 ARTICLE 161
 4 CARJACKING
 5 Section 161.00 Carjacking; defined.
 6 161.05 Carjacking in the third degree.
 7 161.10 Carjacking in the second degree.
 8 161.15 Carjacking in the first degree.
 9 § 161.00 Carjacking; defined.
 10 Carjacking. A person commits carjacking when, in the course of
 11 committing larceny of a motor vehicle from the person or presence of
 12 another person, such person uses or threatens the immediate use of phys-
 13 ical force upon another person for the purpose of:
 14 1. Preventing or overcoming resistance to the taking of the motor
 15 vehicle or to the retention thereof immediately after the taking; or
 16 2. Compelling the owner of such motor vehicle or another person to
 17 deliver up the motor vehicle or to engage in other conduct which aids in
 18 the commission of the larceny.
 19 § 161.05 Carjacking in the third degree.
 20 A person is guilty of carjacking in the third degree when such person
 21 forcibly steals a motor vehicle from the person or presence of another
 22 person.
 23 Carjacking in the third degree is a class D felony.
 24 § 161.10 Carjacking in the second degree.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08273-01-5

 A. 4406 2

 1 A person is guilty of carjacking in the second degree when such person
 2 forcibly steals a motor vehicle from the person or presence of another
 3 person and when:
 4 1. Such person is aided by another person actually present; or
 5 2. In the course of the commission of the crime or of immediate
 6 flight therefrom, such person or another participant in the crime:
 7 (a) Causes physical injury to any person who is not a participant in
 8 the crime; or
 9 (b) Displays what appears to be a pistol, revolver, rifle, shotgun,
 10 machine gun or other firearm.
 11 Carjacking in the second degree is a class C felony.
 12 § 161.15 Carjacking in the first degree.
 13 A person is guilty of carjacking in the first degree when such person
 14 forcibly steals a motor vehicle from the person or presence of another
 15 person and when, in the course of the commission of the crime or of
 16 immediate flight therefrom, such person or another participant in the
 17 crime:
 18 1. Causes serious physical injury to any person who is not a partic-
 19 ipant in the crime; or
 20 2. Is armed with a deadly weapon; or
 21 3. Uses or threatens the immediate use of a dangerous instrument; or
 22 4. Displays what appears to be a pistol, revolver, rifle, shotgun,
 23 machine gun or other firearm; except that in any prosecution under this
 24 subdivision, it is an affirmative defense that such pistol, revolver,
 25 rifle, shotgun, machine gun or other firearm was not a loaded weapon
 26 from which a shot, readily capable of producing death or other serious
 27 physical injury, could be discharged. Nothing contained in this subdi-
 28 vision shall constitute a defense to a prosecution for, or preclude a
 29 conviction of, carjac