Arson PL 150.20 Penalties New York
A fine of up to 5,000 dollars or double the defendant’s gain from the crime may also be imposed. Penal Law 60.05(7) and 80.00.
The defendant must pay a mandatory surcharge of 300 dollars and a crime victim assistance fee of 25 dollars, unless restitution or reparation has been made. PL 60.35(1)(a)(i); PL 60.35(6).
If a victim is seeking restitution or reparation, the court must consider ordering it, and if not ordered, the court must state its reasons on the record. If restitution is ordered, the amount will be increased by a 5 percent surcharge that goes to the collection agency. Penal Law 60.27(1); CPL 420.10(8). An additional surcharge of up to 10% may be collected upon the filing of an affidavit by the collecting agency and approval by the sentencing court. Penal Law 60.27(8); CPL 420.10(8). In almost all cases the collecting agency will be the local County Probation Department.
Conviction of an offense defined in Penal Law 150.10, 150.15 or 150.20, relating to arson, permits an award of restitution to the municipality which has expended or will expend funds for the restoration, rehabilitation or clean-up of the site, provided that no other victim who is a person is seeking restitution. No surcharge is imposed. The municipality must file an affidavit stating that the funds expended or to be expended have not been and will not be recovered from another source. Penal Law 60.27(10).
If the defendant has committed this offense and is convicted of a sexually motivated felony pursuant to PL 130.91, a life sentnece or life without parole is mandatory. PL 70.80(3)
A 50-dollar DNA databank fee must be imposed in addition to the mandatory surcharge and crime victim assistance fee. Executive Law 995(7); Penal Law 60.35(1)(a)(v). And after sentencing the defendant must provide a DNA sample for the state DNA identification index. Executive Law 995-c(3).
If the defendant is convicted of this offense as a hate crime, the minimum period of the indeterminate sentence must be at least 20 years. Penal Law 485.10(4) and Penal Law 70.00(2-3).
If the defendant is convicted of this offense as a crime of terrorism, the sentence shall be life imprisonment without parole. Penal Law 60.06 & 490.25(2)(d).
A person convicted of a class AI felony or a violent felony offense can not possess a rifle or shotgun and they cannot apply for or hold a firearm license. PL 265.20(a)(5) and CorrL 701(2).
If the defendant is under placement pursuant to article three of the family court act, and if the indeterminate sentence is imposed consecutively to such placement, the court must provide that the sentence shall be served in a facility designated under Penal Law 70.20(4) prior to service of the placement in any previously designated facility. Penal Law 70.05(1).
The defendant must pay a mandatory surcharge of 300 dollars and a crime victim assistance fee of 25 dollars, unless restitution or reparation has been made. PL 60.35(1)(a)(i); PL 60.35(6). If a victim is seeking restitution or reparation, the court must consider ordering it, and if not ordered, the court must state its reasons on the record. If restitution is ordered, the amount will be increased by a 5 percent surcharge that goes to the collection agency. Penal Law 60.27(1); CPL 420.10(8). An additional surcharge of up to 10% may be collected upon the filing of an affidavit by the collecting agency and approval by the sentencing court. Penal Law 60.27(8); CPL 420.10(8). In almost all cases the collecting agency will be the local County Probation Department. Conviction of an offense defined in Penal Law 150.10, 150.15 or 150.20, relating to arson, permits an award of restitution to the municipality which has expended or will expend funds for the restoration, rehabilitation or clean-up of the site, provided that no other victim who is a person is seeking restitution. No surcharge is imposed. The municipality must file an affidavit stating that the funds expended or to be expended have not been and will not be recovered from another source. Penal Law 60.27(10).
If the defendant has committed this offense and is convicted of a sexually motivated felony pursuant to PL 130.91, a life sentence or life without parole is mandatory. PL 70.80(3) A 50-dollar DNA databank fee must be imposed in addition to the mandatory surcharge and crime victim assistance fee. Executive Law 995(7); Penal Law 60.35(1)(a)(v). And after sentencing the defendant must provide a DNA sample for the state DNA identification index. Executive Law 995-c(3).
If the defendant is convicted of this offense as a hate crime, the sentencing options are subject to interpretation. See Penal Law 60.10(2). But see Penal Law 485.10(4).
If the defendant is convicted of this offense as a crime of terrorism, the sentencing options are subject to interpretation. See Penal Law 60.10(2). But see Penal Law 490.25(2)(d).
A person convicted of a class AI felony or a violent felony offense can not possess a rifle or shotgun and they cannot apply for or hold a firearm license. PL 265.20(a)(5) and CorrL 701(2). Caveat re Restitution and Surcharge: Penal Law 60.00(2) states that section 60.10 is the “sole provision” applicable when sentencing a juvenile offender. That may prohibit any sanction beyond the imprisonment required by Penal Law 70.05. Nevertheless, the above assumes that a juvenile offender may be ordered to pay restitution and reparation under Penal Law 60.27, and that a juvenile offender is subject to a mandatory surcharge and victim assistance fee under Penal Law 60.35. Those provisions were enacted after section 60.10, and they purport to apply to all cases.
