New York Penal Law § 405.12: Unpermitted use of indoor pyrotechnics in the second degree

Under New York Penal Law § 405.10(1)(r) a pyrotechnic device is any device that contains a chemical mixture used in the entertainment industry to produce visible or audible effects by combustion, deflagration, or detonation. Because pyrotechnics are very dangerous, requiring training to use safely, New York has rules in place governing the use of indoor pyrotechnics. One of the rules is that you must have a permit to use pyrotechnics indoors. If you fail to get a permit and use pyrotechnics anyway you could be charged with a crime. Under New York Penal Law § 405.12 you could be prosecuted for unpermitted use of indoor pyrotechnics in the second degree if you use indoor pyrotechnics without having a permit, or if you do so without following the requirements of the permit.

Example

Lucas was the owner of a nightclub. For a special celebration, he got a permit to use pyrotechnics during the time that a band would be performing on stage on a particular Saturday night. However, Lucas decided to start the celebration early and used the pyrotechnics on Friday night as well as Saturday night. Lucas could be charged with unpermitted use of indoor pyrotechnics in the second degree for the use of pyrotechnics on Friday night since his permit only authorized the use of them on Saturday night.

Related Offenses
  1. Unpermitted use of indoor pyrotechnics in the first degree: New York Penal Law § 405.14
Defenses

In order to convict you of unpermitted use of indoor pyrotechnics in the second degree, the prosecutor must prove both that you intentionally detonated the pyrotechnics. If you accidentally detonated the pyrotechnic you cannot be successfully prosecuted for this crime.

Sentence

Unpermitted use of indoor pyrotechnics in the second degree is a class A misdemeanor. If you are convicted of this crime your sentence may include up to 1 year in jail, 3 years of probation and a fine.

New York Penal Law § 405.12: Unpermitted use of indoor pyrotechnics in the second degree

A person is guilty of unpermitted use of indoor pyrotechnics in the second degree when he or she is responsible for obtaining a necessary permit to use indoor pyrotechnics, as required by paragraph o of subdivision one of § 405.10 of this article, and, without obtaining such permit or knowing that he or she is not in compliance with the terms of a permit, he or she intentionally ignites or detonates pyrotechnics for which such permit is required, or knowingly permits another to ignite or detonate such pyrotechnics, in a building, as defined in paragraph e of subdivision one of § 405.10 of this article.

Contact the Law Offices of Stephen Bilkis & Associates

Just because unpermitted use of indoor pyrotechnics in the second degree is a misdemeanor and not a felony does not mean the consequences of a conviction are not serious. You could end up in jail for a year and you may be required to pay a significant fine. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with illegal use of fireworks and other serious crimes. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We serve those accused of larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.

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