STATE OF NEW YORK
________________________________________________________________________
1028
2021-2022 Regular Sessions
IN ASSEMBLY
January 7, 2021
___________
Introduced by M. of A. BUTTENSCHON, SALKA -- read once and referred to
the Committee on Codes
AN ACT to amend the penal law, in relation to establishing the crime of
making a threat of mass violence
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 240.78
2 and 240.79 to read as follows:
3 § 240.78 Making a threat of mass violence in the second degree.
4 A person is guilty of making a threat of mass violence in the second
5 degree when:
6 1. such person, being under the age of eighteen makes a threat of mass
7 violence toward a school, college or university, place of worship, mass
8 gathering of twenty-five people or more, or a business and such threat
9 is made in writing, verbally communicated or expressed through any other
10 means of communication; or
11 2. such person, being eighteen years of age or older, but under the
12 age of twenty-one, makes a threat of mass violence against a school
13 which they currently attend and such threat is made in writing, verbally
14 communicated or expressed through any other means of communication.
15 Making a threat of mass violence in the second degree shall carry a
16 fine of thirty-five thousand dollars and a mandatory sentence of ten
17 days in a detention facility or, in the case of a person over eighteen
18 years of age, one hundred days in a specialized secure detention facili-
19 ty for older youth certified by the office of children and family
20 services in conjunction with the state commission of correction.
21 § 240.79 Making a threat of mass violence in the first degree.
22 A person is guilty of making a threat of mass violence in the first
23 degree when such person makes a threat toward a school, college or
24 university, place of worship, mass gathering of twenty-five people or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00652-01-1
A. 1028 2
1 more, or a business and such threat is made in writing, verbally or
2 expressed through any other means of communication.
3 Making a threat of mass violence in the first degree is a class D
4 felony and shall carry a fine of thirty-five thousand dollars and a
5 sentence of no less than three years.
6 § 2. Paragraph a of subdivision 1 of section 80.00 of the penal law,
7 as amended by section 27 of subpart A of part H of chapter 55 of the
8 laws of 2014, is amended to read as follows:
9 a. [five] thirty-five thousand dollars; or
10 § 3. This act shall take effect November 1, 2021.
