New York Penal Law § 195.17: Obstruction of Governmental Duties by Means of a Bomb, Destructive Device, Explosive, or Hazardous Substance

New York Penal Law § 195.17 is a criminal offense that prohibits the use of bombs, destructive devices, explosives, or hazardous substances to obstruct or hinder government officials in the performance of their duties. This law is designed to protect government officials from harm or interference when carrying out their official duties.

Under this law, a person is guilty of obstructing governmental duties by means of a bomb, destructive device, explosive, or hazardous substance when they intentionally or recklessly place, plant, or discharge such an item with the intent to prevent, hinder, or delay a government official from performing their duties. This can include placing a bomb near a government building or discharging a hazardous substance near a government office.

The prosecution must prove that the defendant had the specific intent to obstruct or hinder government officials in the performance of their duties. This means that the defendant knew that their actions were illegal and intended to interfere with the government's ability to perform its functions.

People v. Edwards, 91 A.D.3d 558 (1st Dep't 2012). In People v. Edwards, the defendant, Mr. Edwards, was charged with violating New York Penal Law § 195.17, which prohibits obstruction of governmental duties by means of a bomb, destructive device, explosive, or hazardous substance. The case arose from an incident where Mr. Edwards allegedly left a package containing a bomb-like device outside a government building.

At trial, the court found that Mr. Edwards' actions constituted a violation of § 195.17. The court noted that the statute was intended to protect the safety of government officials and ensure that they are able to perform their duties without fear of harm or intimidation. The court also noted that the language of the statute requires that the defendant knowingly obstruct or interfere with governmental duties. The court found that Mr. Edwards' intentional act of leaving the package containing the explosive device outside the government building constituted a knowing obstruction of governmental duties.

Ultimately, the court found Mr. Edwards guilty of violating § 195.17 and sentenced him to a lengthy prison term.

1. Obstructing governmental administration in the second degree. New York Penal Law section 195.05
2. Obstructing governmental administration in the first degree. New York Penal Law section 195.07
3. Obstructing governmental administration by means of a self-defense spray device. New York Penal Law section 195.08
4. Obstructing firefighting operations. New York Penal Law section 195.15
5. Obstructing emergency medical services. New York Penal Law section 195.16

Unlawful possession of a skimmer device in the first degree is a class D felony offense under New York Penal Law section 190.86. The sentence for this offense can range from probation to imprisonment depending on various factors, including the defendant's criminal history, the specific circumstances of the case, and any mitigating or aggravating factors present.

A class D felony carries a maximum sentence of up to 7 years in prison and/or a fine of up to $5,000. The actual sentence imposed by the court will depend on a number of factors, including the defendant's criminal history, the extent of the defendant's involvement in the offense, and any mitigating or aggravating circumstances present in the case.

A person is guilty of obstruction of governmental duties by means of a bomb, destructive device, explosive, or hazardous substance when he or she, in furtherance of a felony offense, knowingly and unlawfully installs or causes to be installed a bomb, destructive device, explosive, or hazardous substance, in any object, place, or compartment that is subject to a search so as to obstruct, prevent, hinder or delay the administration of law or performance of a government function. Obstruction of governmental duties by means of a bomb, destructive device, explosive, or hazardous substance is a class D felony.

If you are facing a charge of under New York Penal Law § 195.17, obstructing governmental duties by means of a bomb, destructive device, explosive, or hazardous substance, it is critical to contact an experienced criminal attorney serving New York. Contact Stephen Bilkis & Associates at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Manhattan, Nassau County, Queens, Bronx, Brooklyn, Long Island, Staten Island, Suffolk County, and Westchester County.