Queens, NY, June 14, 2011NYS Senator Joseph P. Addabbo, Jr., announced that the Senate has passed a bill (S.3205) that would amend the penal law in order to establish the new criminal offenses of home invasion robbery, which takes place when a robbery occurs, and offenders threaten physical force.   

The bill elevates the crime of robbery if the robbery occurs in someone's home, and

1)  a person is guilty of home invasion robbery in the 2nd degree (a class C felony) and is aided by another perpetrator; and

2)  a person is guilty of home invasion robbery in the 1st degree (a class B felony) when he or she, in the course of such a robbery:  a) causes physical injury upon an occupant of the home; b) is armed with a deadly weapon; c) uses or threatens to use a dangerous instrument; or d) displays or appears to display an actual firearm capable of producing death or serious injury.

Explains Addabbo, "Incidents of home invasion robbery have been increasing in New York State and could happen in any community. They are not to be mistaken for burglaries, which usually occur when the homeowner is away. Home invasion robberies feature confronting homeowners as key elements of the perpetrator’s attacks, directly with force, false pretense or impersonation, then restrain the victims to steal the home's contents. This kind of crime needs an increased penalty and enforcement to assist in ensuring the safety of our residents."

This bill is currently being reviewed in the Codes Committee.