Includes wearing, carrying, or displaying an emblem, insignia, logo or other symbol of a designated foreign terrorist organization in a public place in a manner reasonably understood to be a threat or act of intimidation directed at a person or group of people as aggravated harassment in the first degree.
STATE OF NEW YORK
________________________________________________________________________
10819
IN ASSEMBLY
April 1, 2026
___________
Introduced by M. of A. NORBER -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to the crime of aggravated
harassment in the first degree
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 240.31 of the penal law, as amended by chapter 49
2 of the laws of 2006, the opening paragraph as amended by chapter 8 of
3 the laws of 2019, and subdivisions 3 and 4 as amended and subdivision 5
4 as added by chapter 74 of the laws of 2008, is amended to read as
5 follows:
6 § 240.31 Aggravated harassment in the first degree.
7 A person is guilty of aggravated harassment in the first degree when
8 with intent to harass, annoy, threaten or alarm another person, because
9 of a belief or perception regarding such person's race, color, national
10 origin, ancestry, gender, gender identity or expression, religion, reli-
11 gious practice, age, disability or sexual orientation, regardless of
12 whether the belief or perception is correct, [he or she] such person:
13 1. Damages premises primarily used for religious purposes, or acquired
14 pursuant to section six of the religious corporation law and maintained
15 for purposes of religious instruction, and the damage to the premises
16 exceeds fifty dollars; or
17 2. Commits the crime of aggravated harassment in the second degree in
18 the manner proscribed by the provisions of subdivision three of section
19 240.30 of this article and has been previously convicted of the crime of
20 aggravated harassment in the second degree for the commission of conduct
21 proscribed by the provisions of subdivision three of section 240.30 or
22 [he or she] such person has been previously convicted of the crime of
23 aggravated harassment in the first degree within the preceding ten
24 years; or
25 3. Etches, paints, draws upon or otherwise places a swastika, commonly
26 exhibited as the emblem of Nazi Germany, on any building or other real
27 property, public or private, owned by any person, firm or corporation or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15276-01-6
A. 10819 2
1 any public agency or instrumentality, without express permission of the
2 owner or operator of such building or real property; or
3 4. Sets on fire a cross in public view; or
4 5. Etches, paints, draws upon or otherwise places or displays a noose,
5 commonly exhibited as a symbol of racism and intimidation, on any build-
6 ing or other real property, public or private, owned by any person, firm
7 or corporation or any public agency or instrumentality, without express
8 permission of the owner or operator of such building or real
9 property[.]; or
10 6. Wears, carries or displays an emblem, insignia, logo, or other
11 symbol of a designated foreign terrorist organization, as defined in 8
12 U.S.C. § 1189, in a public place in a manner reasonably understood to be
13 a threat or act of intimidation directed at a person or group of people.
14 Aggravated harassment in the first degree is a class E felony.
15 § 2. This act shall take effect immediately.
