New York Military Law Section 238-A - Damaging military or naval equipment, supplies or stores.

238-a. Damaging military or naval equipment, supplies or stores. A person who, wilfully or maliciously:

1. Injures or destroys any article of equipment or supplies or military or naval stores of or for the military or naval forces of the United States or of or for the state of New York or of or for any foreign government with which the United States maintains diplomatic relations, or any article used or intended for use in the production or manufacture of any such article; or

2. Injures or destroys any building, structure, or vessel used or occupied by the military or naval forces of the United States or of the state of New York or of any foreign government with which the United States maintains diplomatic relations, or any article used or intended for use in the construction or operation of any such building, structure or vessel; or

3. Injures or destroys any building, structure, or vessel used or occupied in the production of any article mentioned in subdivision one of this section or any article used or intended for use in the construction or operation of any such building, structure, or vessel; or

4. Injures or destroys any machine, tool, implement, plan, fuel, fuel line, power line, generator or transformer used or intended for use in the production of any article mentioned in subdivisions one, two or three of this section or used or intended to be used in the construction or operation of any building, structure, or vessel mentioned in subdivision two or three of this section; or tampers with any such machine, tool, implement, plan, fuel, fuel line, power line, generator or transformer with intent to lessen its efficiency in the production of any such article; or

5. Injures or destroys any railroad engine or car, or any vehicle, or any vessel used or intended for use in the transportation of any article or machine mentioned in subdivision one, two, three or four of this section, or tampers with any such engine, car, vehicle, or vessel with intent to lessen its efficiency in the transportation of any such article, or with intent to hinder, delay, or obstruct any military or naval operation or defense preparation of the United States or the state of New York or of any foreign government with which the United States maintains diplomatic relations; or

6. Injures, destroys, obstructs, or tampers with any railroad, highway, bridge, canal or river with intent to interfere with or delay the transportation of any article or machine mentioned in subdivisions one, two, three, four or five of this section, or with intent to hinder, obstruct, or delay any military or naval operation or defense preparation of the United States or the state of New York or of any foreign government with which the United States maintains diplomatic relations; or

7. Unlawfully seizes or carries away or injures or destroys or tampers with any property with intent to hinder, obstruct, or delay any military or naval operation or defense preparation of the United States or the state of New York or of any foreign government with which the United States maintains diplomatic relations; or

8. Injuries, alters, defaces, mutilates or in any manner or by any means changes any plans, drawings, designs or specifications intended to be used or useful in constructing, manufacturing or assembling ordnance, instruments, equipment, implements, devices or any material needed for or intended to be used in the defense of the United States or this state by the military or naval forces of the United States or any foreign government with which the United States maintains diplomatic relations, with intent to hinder, delay, obstruct, impair, destroy or interfere with the use of such ordnance, instruments, equipment, implements, devices or material or the efficiency or effectiveness thereof;

Is guilty of a felony and whoever attempts to commit any of the crimes defined by this section shall be guilty of a felony and shall be liable to one-half the maximum punishment prescribed for the completed crime.

9. In any criminal proceeding before any court, magistrate or grand jury for a violation of this section, the court or grand jury may confer immunity in accordance with the provisions of section 50.20 or 190.40 of the criminal procedure law.


Last modified: February 3, 2019