STATE OF NEW YORK
________________________________________________________________________
8650
IN ASSEMBLY
January 10, 2022
___________
Introduced by M. of A. TANNOUSIS -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to establishing the crimes of
harassment of a law enforcement officer or a member of the officer's
family in the first degree and second degree
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding two new sections 240.27
2 and 240.28 to read as follows:
3 § 240.27 Harassment of a law enforcement officer or a member of the
4 officer's family in the first degree.
5 1. A person is guilty of harassment of a law enforcement officer or a
6 member of the officer's family in the first degree when, with intent to
7 harass, annoy, threaten or alarm a law enforcement officer or a member
8 of a law enforcement officer's same family or household, as defined in
9 subdivision one of section 530.11 of the criminal procedure law, because
10 of a belief or perception regarding such person's status as a law
11 enforcement officer or a member of a law enforcement officer's same
12 family or household, regardless of whether the belief or perception is
13 correct, he or she:
14 (a) communicates, anonymously or otherwise, by telephone, by computer
15 or any other electronic means, or by mail or electronic mail, or by
16 transmitting or delivering any other form of communication, a threat to
17 cause physical harm to, or unlawful harm to the property of, such
18 person, or a member of such person's same family or household as defined
19 in subdivision one of section 530.11 of the criminal procedure law, and
20 the actor knows or reasonably should know that such communication will
21 cause such person to reasonably fear harm to such person's physical
22 safety or property, or to the physical safety or property of a member of
23 such person's same family or household; or
24 (b) causes a communication to be initiated anonymously or otherwise,
25 by telephone, by computer or any other electronic means, or by mail or
26 electronic mail, or by transmitting or delivering any other form of
27 communication, a threat to cause physical harm to, or unlawful harm to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11464-02-1
A. 8650 2
1 the property of, such person, or a member of such person's same family
2 or household as defined in subdivision one of section 530.11 of the
3 criminal procedure law, and the actor knows or reasonably should know
4 that such communication will cause such person to reasonably fear harm
5 to such person's physical safety or property, or to the physical safety
6 or property of a member of such person's same family or household; or
7 2. For purposes of this section the term "law enforcement officer"
8 means any active or retired city or state law enforcement officer, peace
9 officer, sheriff, deputy sheriff, probation or parole officer, marshal,
10 deputy, wildlife enforcement agency, county or state correctional offi-
11 cer, fire marshal or commissioned agent of the department of corrections
12 and community supervision, as well as any federal law enforcement offi-
13 cer or employee, whose permanent duties include making arrests, perform-
14 ing search and seizures, execution of criminal arrest warrants,
15 execution of civil seizure warrants, any civil functions performed by
16 sheriffs or deputy sheriffs, enforcement of penal or traffic laws, or
17 the care, custody, control or supervision of inmates.
18 Harassment of a law enforcement officer or a member of the officer's
19 family in the first degree is a class E felony.
20 § 240.28 Harassment of a law enforcement officer or a member of the
21 officer's family in the second degree.
22 1. A person is guilty of harassment of a law enforcement officer or a
23 member of the officer's family in the second degree when, with intent to
24 harass, annoy or alarm a law enforcement officer or a member of a law
25 enforcement officer's same family or household as defined in subdivision
26 one of section 530.11 of the criminal procedure law, he or she:
27 (a) strikes, shoves, kicks or otherwise subjects such law enforcement
28 officer or a member of a law enforcement officer's same family or house-
29 hold to physical contact, or attempts or threatens to do the same; or
30 (b) follows a law enforcement officer or a member of a law enforcement
31 officer's same family or household in or about a public place or places;
32 or
33 (c) engages in a course of conduct or repeatedly commits acts which
34 alarm or seriously annoy such law enforcement officer or member of a law
35 enforcement officer's same family or household and which serve no legit-
36 imate purpose.
37 2. For purposes of this section the term "law enforcement officer"
38 means any active or retired city or state law enforcement officer, peace
39 officer, sheriff, deputy sheriff, probation or parole officer, marshal,
40 deputy, wildlife enforcement agency, county or state correctional offi-
41 cer, fire marshal or commissioned agent of the department of corrections
42 and community supervision, as well as any federal law enforcement offi-
43 cer or employee, whose permanent duties include making arrests, perform-
44 ing search and seizures, execution of criminal arrest warrants,
45 execution of civil seizure warrants, any civil functions performed by
46 sheriffs or deputy sheriffs, enforcement of penal or traffic laws, or
47 the care, custody, control or supervision of inmates.
48 Harassment of a law enforcement officer or a member of the officer's
49 family in the second degree is a class B misdemeanor.
50 § 2. This act shall take effect immediately.
