NY Penal Law § 405.18: Aggravated unpermitted use of indoor pyrotechnics in the first degree

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. Pyrotechnics are a popular and exciting component to live entertainment. However, pyrotechnics are also quite dangerous. If not used properly pyrotechnics can cause serious injury or death. In order to minimize the dangers of using indoor pyrotechnics, New York has rules requiring that a permit must first be issued. If you fail to get a permit and use pyrotechnics you could be charged with one of 4 unpermitted use of indoor pyrotechnics crimes. The specific crime that you will face depends on whether it is your first offense, whether property is damaged and whether someone is injured. Under New York Penal Law § 405.18 you could be prosecuted for aggravated unpermitted use of indoor pyrotechnics in the first 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 seriously physically injured or someone dies.

Jerry hired a new age rock group to perform in his nightclub. The manager of the group told Jared that they were going to use pyrotechnics and that they had the necessary permit for the night of the performance. The night before the group was scheduled to perform it did a test run of the pyrotechnics. Unfortunately there was a misfire and one of Jerry's employees was burned severely. Both Jerry and the members of the group could be prosecuted for aggravated unpermitted use of indoor pyrotechnics in the first degree since they used indoor pyrotechnics outside the time allowed by the permit and someone was seriously injured.

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

In order to convict you of aggravated unpermitted use of indoor pyrotechnics in the first degree the prosecutor must prove that the victim was seriously injured or died. If the victim was injured, but not "seriously" as defined by the criminal code, then a charge of aggravated unpermitted use of indoor pyrotechnics would not be appropriate.

Unpermitted use of indoor pyrotechnics in the first degree is a class D felony. If you are convicted of this crime your sentence may include up to 7 years in prison, 5 years of probation and a substantial fine. The judge may also require you to pay restitution to the victim.

A person is guilty of aggravated 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, by means of igniting or detonating such indoor pyrotechnics, he or she recklessly causes serious physical injury or death to another person.

If you have been charged with aggravated unpermitted use of indoor pyrotechnics in the first degree there is a possibility that could go to prison for 7 years. This is why 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.