New York Unpermitted Use of Indoor Pyrotechnics

Under New York Law, permits are required for the use of indoor pyrotechnics. In order to obtain a permit for the use of indoor pyrotechnics, you need to meet a number of stringent requirements, such as:

  • Adequate insurance bond of at least $500,000;
  • Written plans for deployment of indoor pyrotechnics;
  • A walk through and a demonstration for the permit issuing authority.

The full list of requirements can be found in New York Penal Law Section 405.10. If you do not apply for a permit, or if you are not in compliance with the terms of the permit, you can be criminally prosecuted under New York Unpermitted Use of Indoor Pyrotechnics charges. Specifically, there are New York Unpermitted Use of Indoor Pyrotechnics charges:

Unpermitted Use of Indoor Pyrotechnics in the Second Degree

Unpermitted Use of Indoor Pyrotechnics under New York Penal Law Section 405.12 has the following elements:

  1. Individual is responsible for obtaining a permit to use indoor pyrotechnics; AND
  2. Fails to apply for a permit or knows that s/he is not in compliance with the terms of the permit; AND
  3. Intentionally ignites or detonates pyrotechnics for which a permit is required; OR
  4. Knowingly permits another to ignite or detonate such pyrotechnics in a building.

Penalties and Sentencing for Unpermitted Use of Indoor Pyrotechnics in the Second Degree

Unpermitted Use of Indoor Pyrotechnics in the Second Degree is a Class A Misdemeanor. As such, this charge is punishable by up to one year in prison. However, probation, conditional discharge, unconditional discharge or time served are all permissible sentences.

Unpermitted Use Of Indoor Pyrotechnics in the First Degree

Unpermitted Use of Indoor Pyrotechnics in the First Degree, under New York Penal Law 405.14 is a more serious charge than Unpermitted Use of Indoor Pyrotechnics in the Second Degree. This charge has the the same elements as Unpermitted Use of Indoor Pyrotechnics in the First Degree, but requires one additional element – namely a prior conviction for Unpermitted Use of Indoor Pyrotechnics in the Second Degree within five previous years.

Penalties and Sentencing for Unpermitted use of indoor pyrotechnics in the first degree.

Unpermitted use of Indoor Pyrotechnics in the First Degree is a Class “E” Non-violent Felony. Therefore, this charge is punishable by up to 1 1/3 to 4 years in prison. However, probation, conditional discharge, unconditional discharge, and determinate sentence of a year or less are all possible sentences for this charge.

Aggravated Unpermitted Use of Indoor Pyrotechnics in the Second Degree

New York Aggravated Unpermitted Use of Indoor Pyrotechnics charges apply to situations in which as a result of an indoor pyrotechnics detonation, any of the following are caused:

  1. Physical injury to another person;
  2. Serious physical injury to another person;
  3. Death of another person;
  4. Damage to the property of another person in an amount that exceeds $250.

Aggravated Unpermitted Use of Indoor Pyrotechnics in the Second Degree, under New York Penal Law Section 405.16, has the following elements:

  1. Commission of Unpermitted Use of Indoor Pyrotechnics in the Second Degree; AND
  2. By means of igniting or detonating such indoor pyrotechnics; AND
  3. He or she recklessly causes physical injury to another person; OR
  4. He or she damages the property of another in the amount over $250.

Penalties and Sentencing for Aggravated Unpermitted Use of Indoor Pyrotechnics in the Second Degree

Aggravated Unpermitted Use of Indoor Pyrotechnics in the Second Degree is a Class “E” Non-Violent Felony. As such, this charge is punishable by up to 1 1/3 to 4 years in jail. However, probation, conditional discharge, unconditional discharge, or determinate sentences of a year or less are all possible sentences for this charge.

Aggravated Unpermitted Use of Indoor Pyrotechnics in the First Degree

This charge is similar to the Aggravated Unpermitted Use of Indoor Pyrotechnics in the First Degree, however it requires that either serious physical injury or death be caused to another person.

Under New York Penal Law 405.18, a person is guilty of Aggravated Unpermitted Use of Indoor Pyrotechnics in the First Degree when:

  1. S/he commits the crime of Unpermitted Use of Indoor Pyrotechnics in the second Degree, AND
  2. By means of igniting or detonating such indoor pyrotechnics,
  3. S/he recklessly causes serious physical injury or death to another person.

Penalties and Sentencing for Aggravated Unpermitted Use of Indoor Pyrotechnics in the First Degree

Aggravated Unpermitted Use of Indoor Pyrotechnics in the First Degree is a Class “D” Non-Violent Felony. This charge, therefore, is punishable by 2 1/3 to 7 years in prison. However, sentences of probation and a conditional discharge are authorized for this charge.

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