Relates to the definition of "reproductive health services" for purposes of the offense of criminal interference with health care services or religious worship in the second degree; defines "legally protected health activity"; increases the penalties for the criminal interference with health care services or religious worship in the first and second degrees, and for aggravated interference with health care services in the second degree.
STATE OF NEW YORK
________________________________________________________________________
9227
2025-2026 Regular Sessions
IN ASSEMBLY
November 3, 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 certain crimes of inter-
ference with health care services or religious worship
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 240.70 of the penal law, as added by chapter 635
2 of the laws of 1999, is amended to read as follows:
3 § 240.70 Criminal interference with health care services or religious
4 worship in the second degree.
5 1. A person is guilty of criminal interference with health services or
6 religious worship in the second degree when:
7 (a) by force or threat of force or by physical obstruction, [he or
8 she] such person intentionally injures, intimidates or interferes with,
9 or attempts to injure, intimidate or interfere with, another person
10 because such other person was or is [obtaining or providing reproductive
11 health services] engaging in legally protected health activity; or
12 (b) by force or threat of force or by physical obstruction, [he or
13 she] such person intentionally injures, intimidates or interferes with,
14 or attempts to injure, intimidate or interfere with, another person in
15 order to discourage such other person or any other person or persons
16 from [obtaining or providing reproductive health services] engaging in
17 legally protected health activity; or
18 (c) by force or threat of force or by physical obstruction, [he or
19 she] such person intentionally injures, intimidates or interferes with,
20 or attempts to injure, intimidate or interfere with, another person
21 because such person was or is seeking to exercise the right of religious
22 freedom at a place of religious worship; or
23 (d) [he or she] such person intentionally damages the property of a
24 health care facility, or the physical location from which a person
25 engages in legally protected health activity, or attempts to do so,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13774-02-5
A. 9227 2
1 because such facility provides reproductive health services or the
2 location is the site of legally protected health activity, or inten-
3 tionally damages the property of a place of religious worship.
4 2. A parent or legal guardian of a minor shall not be subject to pros-
5 ecution for conduct otherwise prohibited by paragraph (a) or (b) of
6 subdivision one of this section which is directed exclusively at such
7 minor.
8 3. For purposes of this section:
9 (a) the term "health care facility" means a hospital, clinic, physi-
10 cian's office or other facility that provides reproductive health
11 services, and includes the building or structure in which the facility
12 is located;
13 (b) the term "interferes with" means to restrict a person's freedom of
14 movement;
15 (c) the term "intimidates" means to place a person in reasonable
16 apprehension of physical injury to [himself or herself] themself or to
17 another person;
18 (d) the term "physical obstruction" means rendering impassable ingress
19 to or egress from a facility that provides reproductive health services
20 or to or from a place of religious worship, or rendering passage to or
21 from such a facility or place of religious worship unreasonably diffi-
22 cult or hazardous; [and]
23 (e) the term "reproductive health services" [means health care
24 services provided in a hospital, clinic, physician's office or other
25 facility and includes medical, surgical, counseling or referral services
26 relating to the human reproductive system, including services relating
27 to pregnancy or the termination of a pregnancy.] shall mean and include
28 all services, care, or products of a medical, surgical, psychiatric,
29 therapeutic, diagnostic, mental health, behavioral health, preventative,
30 rehabilitative, supportive, consultative, referral, prescribing, or
31 dispensing nature relating to the human reproductive system provided in
32 accordance with the constitution and the laws of this state, whether
33 provided in person or by means of telehealth or telehealth services,
34 which includes, but is not limited to, all services, care and products
35 relating to pregnancy, assisted reproduction, contraception, miscarriage
36 management or the termination of a pregnancy, and self-managed termi-
37 nations; and
38 (f) the term "legally protected health activity" shall mean and
39 include the following acts and omissions by providers and facilitators
40 of reproductive health services, to the extent they are not in
41 violation of the constitution or the laws of this state, provided that
42 such provider is physically present in the state:
43 (i) the exercise or attempted exercise by any person of rights to
44 reproductive health services as secured by the constitution or laws of
45 this state or the provision of insurance coverage for such services or
46 care; and
47 (ii) any act or omission undertaken to aid or encourage, or attempt to
48 aid or encourage, any person in the exercise or attempted exercise of
49 rights to reproductive health services as secured by the constitution or
50 laws of this state, or to provide insurance coverage for such services
51 or care; provided, however, that the provision of such reproductive
52 health services by a person duly licensed under the laws of this state
53 and physically present in this state and the provision of insurance
54 coverage for such services or care shall be a legally protected health
55 activity if the service or care is permitted under the laws of this
56 state, regardless of the patient's location.
A. 9227 3
1 Criminal interference with health care services or religious worship
2 in the second degree is a class [A misdemeanor] E felony.
3 § 2. Section 240.71 of the penal law, as amended by chapter 493 of the
4 laws of 2009, is amended to read as follows:
5 § 240.71 Criminal interference with health care services or religious
6 worship in the first degree.
7 A person is guilty of criminal interference with health care services
8 or religious worship in the first degree when [he or she] such person
9 commits the crime of criminal interference with health care services or
10 religious worship in the second degree and has been previously convicted
11 of the crime of criminal interference with health care services or reli-
12 gious worship in the first or second degree or aggravated interference
13 with health care services in the first or second degree.
14 Criminal interference with health care services or religious worship
15 in the first degree is a class [E] D felony.
16 § 3. Section 240.72 of the penal law, as added by chapter 493 of the
17 laws of 2009, is amended to read as follows:
18 § 240.72 Aggravated interference with health care services in the second
19 degree.
20 A person is guilty of the crime of aggravated interference with health
21 care services in the second degree when [he or she] such person commits
22 the crime of criminal interference with health care services or reli-
23 gious worship in violation of paragraph (a) of subdivision one of
24 section 240.70 of this article and thereby causes physical injury to
25 such other person who was obtaining or providing, or was assisting
26 another person to obtain or provide reproductive health services.
27 Aggravated interference with health care services in the second degree
28 is a class [E] D felony.
29 § 4. This act shall take effect on the sixtieth day after it shall
30 have become a law.
