Establishes the crime of assault on a food delivery person as a class E felony; defines a food delivery person to mean a person employed by a restaurant, or put into service by a restaurant, retail food store licensed by the department of agriculture and markets, or a third party vendor, to deliver food or other goods pursuant to an order placed by a customer.
STATE OF NEW YORK
________________________________________________________________________
2136
2025-2026 Regular Sessions
IN ASSEMBLY
January 15, 2025
___________
Introduced by M. of A. DE LOS SANTOS -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to assault on a food delivery
person
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 120.19-a
2 to read as follows:
3 § 120.19-a Assault on a food delivery person.
4 1. A person is guilty of assault on a food delivery person when, with
5 the intent to prevent a food delivery person from performing an act
6 within the scope of such person's employment, such person causes phys-
7 ical injury to such food delivery person and the person knew or reason-
8 ably should have known that such individual was a food delivery person;
9 or
10 2. Strikes, shoves, kicks, or otherwise subjects a food delivery
11 person to physical contact, which includes spitting on such food deliv-
12 ery person, and the person knew or reasonably should have known that
13 such individual was a food delivery person.
14 3. For purposes of this section:
15 (a) "food delivery person" shall mean a person employed by a restau-
16 rant, or put into service by a restaurant, retail food store licensed by
17 the department of agriculture and markets, or a third party vendor, to
18 deliver food or other goods pursuant to an order placed by a customer.
19 (b) "restaurant" means any coffee shop, cafeteria, luncheonette, sand-
20 wich stand, diner, short order cafe, fast food establishment, soda foun-
21 tain, bubble tea shop, food stand, food truck, and any other eating or
22 beverage establishment which provides food delivery service as an adver-
23 tised part of its business operation or contracts food delivery services
24 through a third party vendor.
25 Assault on a food delivery person is a class E felony.
26 § 2. This act shall take effect on the ninetieth day after it shall
27 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03343-02-5
