N.Y. Military Law Section 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.

Source: Section 238-A — Damaging military or naval equipment, supplies or stores, https://www.­nysenate.­gov/legislation/laws/MIL/238-A (updated Sep. 22, 2014; accessed Apr. 20, 2024).

235
Relief from civil or criminal liability
235‑A
Income and resources not to include agent orange benefits
236
Right of way
237
Free passage through toll-gates and tunnels and over toll-bridges and ferries
238
Converting military property
238‑A
Damaging military or naval equipment, supplies or stores
238‑B
Seizing military stores belonging to the state
238‑C
Wearing of uniforms
239
Trespassers and disturbers to be placed in arrest
240
Military parades and organizations by unauthorized bodies prohibited
240‑A
Historic military commands
241
Devises and bequests
242
Rights of public officers and employees absent on military duty as members of the organized militia or of reserve forces or reserve compo...
243
Provisions applicable to public employees who are absent on military duty
243‑A
Non-contributory retirement service credit for members of the New York state and local retirement systems or the New York state teachers’...
243‑B
Civil service examinations by military personnel
243‑B*2
Payment of certain pension contributions by the city of New York
243‑C
Application period for civil service examinations for military personnel
243‑D
Non-contributory retirement service credit for members of the New York state and local retirement systems, the New York city retirement s...
244
Members of pension system absent on military duty
244‑A
Credit to members of public retirement systems for military service performed during war
245
Retirement allowances of certain war veterans
246
Leave of absence for public employees who are war veterans to continue study
247
Medals and decorations
248
Oaths
249
State and municipal officers and employees granted leaves of absence on July fourth in certain cases
250
Recording certificates of honorable discharge
250‑A
Lt
251
Depriving members of organized militia of employment
252
Discrimination against members of organized militia
253
Military service by parent
254
Video teleconferencing for families of persons ordered to active duty
255
Benefit information for national guard members and families

Accessed:
Apr. 20, 2024

Last modified:
Sep. 22, 2014

§ 238-A’s source at nysenate​.gov

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