NY Penal Law § 405.14: Unpermitted use of indoor pyrotechnics in the first degree

The use of pyrotechnics has become commonplace for performances by musicians, dancers, illusionists and other types of entertainers. However, there have been tragedies where multiple people have been killed or seriously injured because of faulty pyrotechnics or the misuse of pyrotechnics. 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. Typically the chemical mixture includes solids capable of producing a controlled, self-sustained and self-contained chemical reaction that results in gas, heath, sound, and light. Because of the dangers associated with the use of pyrotechnics, before you can use pyrotechnics you must obtain a permit. If you fail to do so, you could be charged with a crime. Under New York Penal Law § 405.14 you could be prosecuted for unpermitted use of indoor pyrotechnics in the first degree if you commit the crime of unpermitted use of indoor pyrotechnics in the second degree as defined in New York Penal Law § 405.12 and in the prior 5 years you have already been convicted of unpermitted use of indoor pyrotechnics in the first or second degree.

Jerry hired a new age rock group to perform in his nightclub. He did not bother getting a permit that would allow the group to use indoor pyrotechnics, even though a couple of years ago he did the same thing and got caught. If Jerry is again caught allowing indoor pyrotechnics to be used in his nightclub, he could be prosecuted for unpermitted use of indoor pyrotechnics in the first degree. The rock group could also be charged with this crime if they have a prior conviction.

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

In order to convict you of unpermitted use of indoor pyrotechnics in the first degree, the prosecutor must prove both that you did not have the requisite permit and that you intentionally detonated the pyrotechnics. If the prosecutor is unable to prove intent, or if you did indeed have a permit, you cannot be successfully prosecuted for this crime.

Unpermitted use of indoor pyrotechnics in the first 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 substantial fine.

A person is guilty of unpermitted use of indoor pyrotechnics in the first 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, within the previous five year period, he or she has been convicted one or more times of the crime of unpermitted use of indoor pyrotechnics in the second degree, as defined in § 405.12 of this article, or unpermitted use of indoor pyrotechnics in the first degree, as defined in this section.

If you have been charged with unpermitted use of indoor pyrotechnics in the first degree it is important that you are represented by someone with experience as early in your case as possible. 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 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.