“Offenses Related to Public Safety”

Are You at Risk of Prosecution?

You can be charged with offenses related to public safety in New York if you:

• possess or sell a substance that generates offensive, poisonous, or suffocating fumes;
• create hazards that people, especially children, can get stuck inside or fall into;
• refuse to yield a telephone “party line” so someone can make an emergency call; or
• wear a body vest while committing a violent felony.

The reasons for receiving these charges vary considerably. Some of them involve violent crimes with the intent to do harm, while others may be negligent mistakes.  Note how different these situations sound:

• You are working on a high school science fair project with your daughter and accidentally create offensive-smelling fumes while mixing chemicals.
• You rob a liquor store at gunpoint and wear a body vest for protection in case a firefight ensues.
• You bring an antique refrigerator to a flea market without removing the automatic fastening device from the inside of the fridge.
• Your neighbor begs you to get off your shared telephone “party line” so she can call an ambulance, but you refuse to get off the phone with customer support.

Despite their diversity, all of these examples could be charged as offenses related to public safety.

The Legal Definition of Offenses Related to Public Safety

There are several state statutes relating to public safety offenses within the New York Penal Law. Let’s dive into four of them: three Class B misdemeanors and one Class E felony.

270.05 – Unlawfully Possessing or Selling Noxious Material

This charge relates to possessing or selling a substance that can generate offensive, poisonous, or suffocating fumes, or that can immobilize a person. You may receive this charge if you:

• possess a noxious material; or
• possess a noxious material with intent to physically injure another person, annoy another person, damage property, or disturb the public peace; or
• sell a self-defense spray device without proper authorization.

There are some important exceptions to this statute:

• Bank security devices are not prohibited – if in possession of banks, or any person in the supply chain needed to manufacture and deliver these devices to banks.
• Self-defense spray devices are not prohibited – if you are 18 years or older, and the device falls within legal boundaries.

Also, note that possession of a noxious material is considered “presumptive evidence” of intent to use it unlawfully. Prosecutors don’t need definite proof of ill intent to bring charges. Possessing a noxious material implies intent to cause harm. This crime is a Class B misdemeanor.

270.10 – Creating a Hazard

This charge relates to creating a dangerous physical hazard. You may receive this charge if you:

• fail to cover an abandoned well or cesspool on your property with suitable protective construction; or
• leave a container in any place where it might attract children, and it:
  • has a compartment bigger than 1.5 cubic feet;
  • has a door or lid which locks or fastens automatically when closed; and
  • cannot easily be opened from the inside.

If you have a container that meets the above criteria, you must either keep it out of the reach of children or remove the door, lid, lock, or fastening device. This crime is a Class B misdemeanor.

270.15 – Unlawfully Refusing to Yield a Party Line

This charge relates to preventing someone from making an emergency call. You may receive this charge if you:

• have a “party line” telephone connection, where you share a phone line with your neighbor(s); and
• refuse to immediately yield the phone line for someone else to call the police, fire department, ambulance, or other urgent medical services.

“Party lines” were once very common in New York, but they have largely been phased out by now. If your phone does not ring when your neighbor gets calls, you probably don’t have a party line. This crime is a Class B misdemeanor.

270.20 – Unlawful Wearing of a Body Vest

This charge relates to wearing a body vest while committing a different violent felony offense. You may receive this charge if you:

• commit any violent felony offense while possessing a firearm; and
• wear bullet-resistant soft body armor while doing so, which:
  • has at least 7 layers of bullet-resistant material; and
  • can provide protection from at least 3 shots of 158-grain lead ammunition fired from a .38 caliber handgun at a velocity of 850 feet per second.

Keep in mind that the standards above provide “threat level 1” protection. Most commercially available body vests should meet these criteria or exceed it. This crime is a Class E felony.

Related Offenses

These charges may be brought in addition to, or in place of, charges for certain other related offenses under Article 270 of New York Penal Law. These include:

270.00 – Unlawfully Dealing with Fireworks and Dangerous Fireworks

This charge relates to the sale, possession, or use of most types of fireworks in New York. There is only one category of legal fireworks in the entire state: sparkling fireworks. This category includes small fireworks such as handheld “sparklers.” All other types of fireworks are illegal statewide.

Note that there are some localities with stricter laws. NYC, for example, outlaws all types of fireworks within city boundaries. Most rural areas of New York simply follow the state rules.

The severity of the charge you might receive, depends on factors such as the type and value of your fireworks, whether you are selling them or using them, and your past record of fireworks-related convictions. This offense ranges from a violation to a Class E felony depending on the circumstances of each case.

270.25, 270.30, and 270.35 – Unlawful Fleeing a Police Officer in a Motor Vehicle in the Third, Second, or First Degree

These charges relate to the act of fleeing from a police officer in a car, motorcycle, truck, or other motor vehicles. You may receive this charge if a police officer or a marked police vehicle instructs you to stop, such as with their lights and siren, and you attempt to escape them.

Continuing to drive at a safe speed and obey traffic laws is not grounds for receiving this charge. You must attempt to flee the officer by driving 25 mph or more over the speed limit or driving recklessly. The charge will be bumped up to the second degree if someone gets seriously injured as a result of your escape attempt, and the first degree if someone dies.

This offense can be a Class A misdemeanor, Class E felony, or Class D felony.

Who Detects, Investigates, and Prosecutes Offenses Related to Public Safety?

The detection, investigation, and prosecution of offenses related to public safety differ on a case-by-case basis.

• These crimes are usually detected by police officers as the result of a 911 call. Neighbors might call the police if a particularly offensive odor is emanating from your house or apartment.

A parent will probably call 911 if their child falls into an uncovered abandoned well or cesspool on your property. If you refuse to yield a party line for an emergency call, the person who needed to make the call is likely to let the police know when they eventually arrive.

• The investigation of these crimes differs charge-by-charge. If you are suspected to be unlawfully possessing or selling noxious material, a forensic investigation unit might handle part of your case to identify the substance(s). Creating a hazard or unlawfully refusing to yield a party line, on the other hand, might just be investigated by regular uniformed police officers.
• Prosecution largely depends on the locality where you are accused of committing the crime. If you are charged with unlawfully possessing a noxious material while walking down the street in Times Square, you might be prosecuted by the Manhattan District Attorney and go to trial in the Criminal Court of the City of New York. If you are charged with creating a hazard in Suffolk County, or unlawfully refusing to yield a party line in Oswego County, you should expect to be prosecuted in those local court systems.

Note that unlawful wearing of a body vest hasn’t been mentioned yet. That particular crime is usually detected, investigated, and prosecuted simultaneously with the other violent felony crime you are accused of committing.

Statutory Penalties

The statutory penalties for public safety offenses vary depending on the specific charge(s) you receive. The penalties can include fines, prison time, or a combination of both.

Keep in mind that your criminal record is important when it comes to sentencing. You may receive a lighter sentence if you have a spotless record, and a heavier sentence if you’re a repeat offender.

Unlawfully Possessing or Selling Noxious Material

• This conviction is a Class B misdemeanor.
• The maximum fine is $500, and the maximum prison sentence is three months.

Creating a Hazard

• This conviction is a Class B misdemeanor.
• The maximum fine is $500, and the maximum prison sentence is three months.

Unlawfully Refusing to Yield a Party Line

• This conviction is a Class B misdemeanor.
• The maximum fine is $500, and the maximum prison sentence is three months.

Unlawful Wearing of a Body Vest

• This conviction is a Class E felony.
• The maximum fine is $5,000, and the maximum prison sentence is four years.

Additional Consequences

Whether you’re charged with a felony or misdemeanor, public safety offenses can have consequences beyond fines and prison time. If convicted, you will have a criminal record for the rest of your life. This can affect your future educational, employment, immigration, and professional opportunities.

When applying to jobs or colleges, you will need to disclose your criminal record. This can reduce your chances of finding gainful employment or being accepted into the school of your dreams. If you are an immigrant, a criminal record can make it much harder to obtain a green card or full citizenship. Criminal records make life harder.

These convictions can have unique consequences if you are in certain lines of work. If you are convicted of unlawfully possessing or selling noxious material, you might lose your job in the chemical industry. If you are convicted of creating a hazard, you might struggle to find a job in early education.

Does lawsuit accompany these charges?

These charges may be accompanied by lawsuits. If you refuse to give up a party line so your neighbor can call the fire department and their house burns down, they can sue you for damages. If you fail to cover an abandoned well safely and a kid gets hurt falling into it, their parents can sue you for damages.

Someone you harm might be more willing to sue you if you’ve already been convicted in a criminal case. You may be able to afford a $500 fine, but you may not be able to afford a million-dollar lawsuit.

Legal Defenses to Offenses Related to Public Safety

Luckily for you, it is possible to fight these charges and win your case – with the right counsel. Experienced defense attorneys know how to challenge the prosecution and protect you in a court of law.

Here are some strategies a successful defense might use for different charges:

Unlawfully Possessing or Selling Noxious Material

• Possession 

Can the prosecutor prove, beyond a reasonable doubt, that you possessed a noxious material? Perhaps they found the noxious substance near you, but they cannot definitively prove that you physically possessed it or controlled it.

It is possible that someone else actually possessed the noxious material and you didn’t even know it was present.

• Intent 

Can the prosecutor prove, beyond a reasonable doubt, that you intended to use a noxious material to cause harm, annoy another person, damage property, or disturb the public peace? The act of possessing a noxious material is considered “presumptive evidence” that you intend to use it unlawfully, but you can still argue for your innocent intent in court.

Maybe you handle noxious materials as part of your job, or you have an innocent legal hobby that involves some noxious materials. There are lawful reasons to possess noxious material.

Creating a Hazard

• Actual Innocence 

Can the prosecutor prove, beyond a reasonable doubt, that you left a dangerous container where it might attract children or failed to cover an abandoned well or cesspool with suitable protective construction? In other words, you can argue that you did not commit the actions (or lack of actions) you are accused of committing.

Perhaps you left your dangerous container in a safe place, and someone else moved it to a location where it might attract children. In the case of an abandoned well or cesspool, maybe you can show receipts of construction work done to cover the hole, or you can argue that the well is still actively used. You want to argue that you did your due diligence in maintaining a safe environment.

Unlawfully Refusing to Yield a Party Line

• Culpability 

Can the prosecutor prove, beyond a reasonable doubt, that you knew the party line was needed for an emergency call? The law states that you must be “informed” that the line is needed for an “emergency call.” It is entirely possible that you were not properly informed, and therefore are not legally culpable.

Maybe no one told you the line was needed. Perhaps your neighbor asked you if they could use the line, but did not specify that it was for an emergency call.

Unlawful Wearing of a Body Vest

• Actual Innocence

Can the prosecutor prove, beyond a reasonable doubt, that you were wearing a body vest while committing a violent felony? You want to argue that you did not wear a threat level 1 or higher body vest while committing the other crime – if, of course, you are found guilty of the other crime.

Maybe they have your body vest, but ballistics tests can prove that it does not meet threat level 1 standard. Perhaps the police never recovered or obtained a body vest, and therefore can’t prove that you were wearing one. Even if they have video evidence of you wearing a body vest during the crime, they probably can’t prove that it meets threat level 1 body armor standards.

• Culpability

Can the prosecutor prove, beyond a reasonable doubt, that you used a body vest in furtherance of committing a violent felony? In other words, you can concede that you were wearing a body vest, but argue that it could not and did not help you commit the other crime.

Maybe you are guilty of a sexual crime where a body vest would have played no role in helping you commit the crime. You want to make the case that the body vest didn’t help you commit a violent felony.

These are only broad suggestions. The best defense strategy will always be a unique one designed around your specific case by an experienced attorney.

Call us for help

Don’t risk your future. These charges won’t go away on their own, and neither will the consequences if you’re convicted. Our defense attorneys know how to help you avoid fines, prison time, and a lifelong criminal record.

For questions about offenses related to public safety in New York, or to discuss your case confidentially with one of our criminal defense attorneys, do not hesitate to contact us. We’re here to help you every step of the way.