New York Assembly Bill A07458

New York 2025-2026 Regular Session

• Introduced: 3/28/25
• Refer: 3/28/25
• Refer: 1/7/26

Caption

Creates the crime of related use of a lethal or explosive device; provides for additional 10 years imprisonment for certain crimes where a lethal or explosive device is used; permits exemption from such additional sentence when the defendant provides court with the source of such lethal or explosive device.

Summary

This bill creates a new crime called “related use of a lethal or explosive device.” A person would commit this offense if they commit any other offense while in possession of a defined lethal or explosive device. The bill imposes a mandatory additional determinate sentence of 10 years’ imprisonment, and that sentence must run consecutively to any sentence for the underlying crime. The bill also creates a limited exemption from the extra sentence if, within 60 days of arraignment, the defendant truthfully provides the district attorney with all information they have about the source of the weapon or explosive device, and if the device’s use did not cause death or serious bodily injury to an uninvolved person. The defendant’s statements are protected from use as evidence against them in most circumstances, though they may be used for impeachment or rebuttal if the defendant later offers contrary evidence. The bill defines “lethal device” broadly to include firearms and certain electronic weapons, and defines “explosive device” and “explosive” to cover bombs, grenades, rockets, mines, and similar devices.

Impact

The bill would amend the Penal Law by adding a new section 265.18, creating an additional sentencing enhancement tied to possession of a lethal or explosive device during the commission of another offense. It would affect defendants charged with crimes involving firearms, assault weapons, stun guns, bombs, grenades, and other explosive devices, and would require courts to impose a consecutive 10-year term unless the cooperation-based exception applies. The measure would also create a new statutory framework for prosecutors and courts to evaluate the truthfulness of a defendant’s disclosure about the source of the device.

Sentiment

Based on the bill text and the absence of recorded committee debate or votes, the measure appears to be framed as a public-safety and deterrence proposal aimed at increasing penalties for crimes involving dangerous weapons or explosives. The structure of the bill suggests support for stronger punishment of armed or explosive-related offenses, while also incorporating an incentive for defendants to cooperate with law enforcement. No formal voting history or transcript is available here to indicate broader legislative support or opposition.

Contention

The main points of contention are likely to be the breadth of the definition of “lethal device,” which includes firearms and electronic stun guns as well as more obviously dangerous weapons, and the mandatory consecutive 10-year sentence, which is a significant enhancement regardless of the underlying offense. Another likely issue is the cooperation provision: it gives defendants a path to avoid the extra sentence by disclosing source information, but it also raises questions about prosecutorial discretion, the reliability of truthfulness determinations, and whether the penalty structure is too coercive or too broad. Supporters would likely emphasize deterrence and investigative benefits, while critics may focus on sentencing severity and the scope of covered devices.