Makes it a crime to mail a substance which appears to be of a bio-chemical nature and hazardous to person's health which in fact is not; makes such crime a class E felony.
STATE OF NEW YORK
________________________________________________________________________
2597
2009-2010 Regular Sessions
IN ASSEMBLY
January 21, 2009
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Introduced by M. of A. MARKEY, PHEFFER, MAISEL, GALEF -- Multi-Sponsored
by -- M. of A. CHRISTENSEN, GABRYSZAK, JOHN, KOON, LATIMER, MAYER-
SOHN, TOWNS, WEISENBERG -- read once and referred to the Committee on
Codes
AN ACT to amend the penal law, in relation to mailing a false substance
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 a new section 240.64 to
2 read as follows:
3 § 240.64 Mailing a false substance in the first degree.
4 A person is guilty of mailing a false substance in the first degree
5 when he or she causes a communication to be initiated by a mailing or
6 any other form of written communication in a manner to cause annoyance,
7 inconvenience or alarm by placing in said communication any substance
8 which appears to be by its content, appearance and characteristic to be
9 of a bio-chemical nature and dangerous or hazardous to the well-being
10 and health of a person but is, in fact an inoperative facsimile or
11 imitation of a bio-chemical substance and is not dangerous or hazardous
12 to the health and well-being of any person.
13 Mailing a false substance in the first degree is a class E felony.
14 § 2. This act shall take effect on the first of November next succeed-
15 ing the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03044-01-9
