Expands the offense of aggravated harassment in the first degree to include etching, painting, drawing upon or otherwise placing or displaying emblems, logos, flags or other symbols of designated terrorist organizations on any building or other real property without express permission of the owner or operator of such building or real property.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7632
SPONSOR: Lasher TITLE OF BILL:
An act to amend the penal law, in relation to enacting the "SAFETY
(Stand Against Flags of Enemy Terrorists) act"
PURPOSE OR GENERAL IDEA OF BILL:
To include within the crime of aggravated harassment in the first degree
the display, particularly flags, of the symbols of designated foreign
terrorist organizations with the intent of harassing, annoying, threat-
ening or alarming another person, because of a belief or perception
regarding such person's race, color, national origin, ancestry, gender,
gender identity or expression, religion, religious practice, age, disa-
bility or sexual orientation.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 titles the bill the "SAFETY (Stand Against Flags of Enemy
Terrorists) Act"
Section 2 amends the crime of aggravated harassment in the first degree
to include instances when a person etches, paints, draws upon or other-
wise places or displays emblems, logos, flags or other symbols of desig-
nated foreign terrorist organizations, as defined in 8 U.S.C. § 1189, on
any, building or other real property, public or private, owned by any
person, firm or corporation or any public agency or instrumentality,
without express permission of the owner or operator of such building or
real property, with intent to harass, annoy, threaten or alarm another
person, because of a belief or perception regarding such person's race,
color, national origin, ancestry, gender, gender identity or expression,
religion, religious practice, age, disability or sexual orientation,
regardless of whether the belief or perception is correct.
Section 3 provides for an effective date 90 days after enactment.
JUSTIFICATION:
In the aftermath of the October 7, 2023, terrorist attacks in Israel,
Jewish New Yorkers have been harassed, intimidated and threatened
because of their religion and ethnicity by individuals waving, drawing
and displaying flags, emblems, logos, and other symbols of recognized
foreign terrorist organizations Hamas and Hezbollah. There should be
zero tolerance under New York law for harassment with such symbols of
terror much as it currently addresses the display of similar hate
symbols such as swastikas, crosses on fire, and nooses.
Current law already criminalizes the display of certain hate symbols
(for example, swastikas, crosses on fire, and nooses) with the intent to
harass, threaten, or alarm another person because of their belief
regarding a person's race, color, national origin, gender, religion or
religious practice, age, disability, or sexual orientation. This bill
would include as a new class of symbols those of organizations desig-
nated as foreign terrorist organizations per federal statute. As with
current law, the use of such symbols of terror would constitute a crime
when (a) the defendant displays the foreign terrorist symbol (b)without
express permission of the owner or operator of such building or real
property (c) with an intent to harass, annoy, threaten, or alarm another
person, and (d) because of a belief or perception regarding one or more
attributes of the person (as specified in the statute), regardless of
whether the belief or perception was correct.
The display of symbols of terror in the aftermath of October 7 at syna-
gogues, Jewish cultural institutions and residences of Jewish New York-
ers represents an intent to commit unlawful violence against Jewish New
Yorkers - to bring the horrors of October 7 to New York. Just as New
York responded to neo-Nazis and the Ku Klux Klan, it should now address
the attempt by allies of Harnas and Hezbollah to attack New Yorkers on
the basis of their religion.
PRIOR LEGISLATIVE HISTORY:
N/A
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
90 days after it becomes law.
STATE OF NEW YORK
________________________________________________________________________
7632
2025-2026 Regular Sessions
IN ASSEMBLY
April 1, 2025
___________
Introduced by M. of A. LASHER -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to enacting the "SAFETY
(Stand Against Flags of Enemy Terrorists) act"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "SAFETY (Stand Against Flags of Enemy Terrorists) act".
3 § 2. Subdivision 5 of section 240.31 of the penal law, as added by
4 chapter 74 of the laws of 2008, is amended and a new subdivision 6 is
5 added to read as follows:
6 5. Etches, paints, draws upon or otherwise places or displays a noose,
7 commonly exhibited as a symbol of racism and intimidation, on any build-
8 ing or other real property, public or private, owned by any person, firm
9 or corporation or any public agency or instrumentality, without express
10 permission of the owner or operator of such building or real
11 property[.]; or
12 6. Etches, paints, draws upon or otherwise places or displays emblems,
13 logos, flags or other symbols of designated foreign terrorist organiza-
14 tions, as defined in 8 U.S.C. § 1189, on any building or other real
15 property, public or private, owned by any person, firm or corporation or
16 any public agency or instrumentality, without express permission of the
17 owner or operator of such building or real property.
18 § 3. This act shall take effect on the ninetieth day after it shall
19 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08894-03-5
