New York Penal Law § 405.16: Aggravated unpermitted use of indoor pyrotechnics in the second degree

Because pyrotechnics are very dangerous, requiring training to use safely, New York has rules in place governing the use of indoor pyrotechnics. If not used properly pyrotechnics can cause serious damage to property as well as injury or death. 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 you could be charged with a crime. 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. Under New York Penal Law § 405.16 you could be prosecuted for aggravated 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, and someone is physically injured or at least $250 in property is damaged.

Example

Lucas was the owner of a nightclub. For a special celebration he got a permit to use pyrotechnics on a particular Saturday night. However, Lucas decided to start the celebration early and used the pyrotechnics on Friday night as well. Unfortunately, there was a malfunction with the pyrotechnic and 2 customers were burned. Lucas could be charged with aggravated 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. The charged would be aggravated unpermitted use of a pyrotechnic because someone was physically injured.

Related Offenses
  1. Unpermitted use of indoor pyrotechnics in the second degree: New York Penal Law § 405.12
Defenses

In order to convict you of aggravated unpermitted use of indoor pyrotechnics in the second degree based on someone suffering an injury, the prosecutor must prove that the injury suffered was a "physical injury" as defined by the statute. If the injury suffered was so minor that it did not require a trip to the hospital or the injury resulted in minor bruising that disappeared a few days later, than you may have a strong argument that the victim did not suffer a physical injury.

Sentence

Aggravated unpermitted use of indoor pyrotechnics in the second degree is a class E felony. If you are convicted of this crime your sentence may include up to 4 years in prison, 5 years of probation and a fine. In addition, you may be ordered to pay restitution.

New York Penal Law § 405.16: Aggravated unpermitted use of indoor pyrotechnics in the second degree

A person is guilty of aggravated unpermitted use of indoor pyrotechnics in the second degree when he or she commits the crime of unpermitted use of indoor pyrotechnics in the second degree, as defined in § 405.12 of this article, and, by means of igniting or detonating such indoor pyrotechnics, he or she recklessly: (1) causes physical injury to another person; or (2) damages the property of another person in an amount that exceeds two hundred fifty dollars.

Contact the Law Offices of Stephen Bilkis & Associates

If you are convicted of aggravated unpermitted use of indoor pyrotechnics in the second degree your sentence could include up to 4 years in prison. However, just because you are charged with this crime does not mean that you will be convicted. 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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