new york penal code 270 20 unlawful wearing of a body vest

New York Penal Code 270.20 makes it illegal to wear bulletproof vests and other types of body armor while committing violent felonies. This law was passed to help police and prevent criminals from becoming invincible to gunfire during shootouts. But some argue it goes too far and takes away rights from law-abiding citizens. This article will explain the law, who it applies to, defenses, penalties, and debate the pros and cons.

What the Law Says

Under Penal Code 270.20, it’s a class E felony to wear a “body vest” while committing any violent felony offense. A body vest is defined as soft body armor that protects against gunfire from a .38 caliber or smaller firearm. This includes common bulletproof vests made of Kevlar or other soft materials.

To be guilty, you must be wearing the vest while actively committing a violent felony. Violent felonies include murder, kidnapping, arson, robbery, burglary, and many assault crimes. Simply possessing body armor is not illegal. But wearing it while committing or attempting to commit a violent felony is.

There are two main elements prosecutors must prove:

• You were wearing a body vest as defined by the law
• You were actively engaged in a violent felony offense

If both elements are met, you can be convicted of this class E felony crime.

When Does the Law Apply?

This statute is mainly intended to deter criminals who illegally wear body armor to gain an advantage over police. It does not apply to legal possession of body vests. You can legally own and wear a bulletproof vest in most situations under New York law. The illegal use is wearing one during dangerous violent crimes.

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For example, if you wore a vest during a bank robbery shootout, you could face an additional charge and penalties under PC 270.20. But if you simply possessed body armor without committing any crimes, you did not violate the statute.

Legal Scenario: What Would You Do?

Scenario

You were arrested during a road rage incident where you allegedly threatened another driver with a baseball bat. During the arrest, police discovered you were wearing a bulletproof vest under your jacket, and prosecutors are now adding an additional charge under Penal Code 270.20.

Can I really be charged separately just for wearing a vest, even though I legally purchased it and wear it every day for personal protection?

Attorney's Answer

Under New York Penal Code 270.20, it is a class E felony to wear a body vest while committing or attempting to commit any violent felony offense. The fact that you purchased the vest legally and wear it regularly does not provide a defense — what matters is whether you were wearing it during the commission of a qualifying violent felony such as assault or menacing. If your attorney can demonstrate that the underlying conduct does not rise to the level of a violent felony, the body vest charge would also fail. This is a serious addition to your case because a class E felony conviction carries up to four years in prison on its own, stacked on top of whatever sentence you receive for the primary offense.

This is general information only. Contact us for advice specific to your situation.

Defenses to Unlawful Wearing Charges

There are several legal defenses if you are wrongly accused of unlawfully wearing body armor:

• You were not wearing a vest – If you did not actually wear or possess body armor, you are not guilty.
• No underlying violent felony – If the prosecution cannot prove you committed or attempted to commit a violent felony offense, the wearing of body armor alone is not criminal.
• Justification – In very rare cases, you may have been legally justified in wearing protective gear due to a specific threat or danger.
• Duress – If you were forced to wear body armor at gunpoint or under threat of violence, you may argue duress.