Seawright, Morinello, Colton, Taylor, Zebrowski, Buttenschon, Simon, Glick, McDonough, Brown K,
Mikulin, Gandolfo, Giglio JA, Giglio JM
MLTSPNSR
Amd §240.31, Pen L
Adds to the crime of aggravated harassment in the first degree when a person throws, tosses, spits, wipes, expels or transfers onto the person of another individual, without such person's consent, human or animal bodily fluids or matter, such as, but not limited to urine, blood, saliva, phlegm, feces, or any other substance defined as a bodily fluid or matter.
STATE OF NEW YORK
________________________________________________________________________
3886
2023-2024 Regular Sessions
IN ASSEMBLY
February 8, 2023
___________
Introduced by M. of A. DICKENS, SEAWRIGHT, MORINELLO, COLTON, TAYLOR,
ZEBROWSKI, BUTTENSCHON, SIMON, GLICK, McDONOUGH, K. BROWN, MIKULIN,
GANDOLFO, J. A. GIGLIO, J. M. GIGLIO -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to 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, subdivisions 3 and 4 as amended and subdivision 5 as
4 added by chapter 74 of the laws of 2008, is amended to read as follows:
5 § 240.31 Aggravated harassment in the first degree.
6 A person is guilty of aggravated harassment in the first degree when
7 with intent to harass, annoy, threaten or alarm another person, because
8 of a belief or perception regarding such person's race, color, national
9 origin, ancestry, gender, gender identity or expression, religion, reli-
10 gious practice, age, disability or sexual orientation, regardless of
11 whether the belief or perception is correct, he or she:
12 1. Damages premises primarily used for religious purposes, or acquired
13 pursuant to section six of the religious corporation law and maintained
14 for purposes of religious instruction, and the damage to the premises
15 exceeds fifty dollars; or
16 2. Commits the crime of aggravated harassment in the second degree in
17 the manner proscribed by the provisions of subdivision three of section
18 240.30 of this article and has been previously convicted of the crime of
19 aggravated harassment in the second degree for the commission of conduct
20 proscribed by the provisions of subdivision three of section 240.30 or
21 he or she has been previously convicted of the crime of aggravated
22 harassment in the first degree within the preceding ten years; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03160-01-3
A. 3886 2
1 3. Etches, paints, draws upon or otherwise places a swastika, commonly
2 exhibited as the emblem of Nazi Germany, on any building or other real
3 property, public or private, owned by any person, firm or corporation or
4 any public agency or instrumentality, without express permission of the
5 owner or operator of such building or real property; or
6 4. Sets on fire a cross in public view; or
7 5. Etches, paints, draws upon or otherwise places or displays a noose,
8 commonly exhibited as a symbol of racism and intimidation, on any build-
9 ing or other real property, public or private, owned by any person, firm
10 or corporation or any public agency or instrumentality, without express
11 permission of the owner or operator of such building or real property;
12 or
13 6. Throws, tosses, spits, wipes, expels or transfers onto the person
14 of another individual, without such person's consent, human or animal
15 bodily fluids or matter, such as, but not limited to urine, blood, sali-
16 va, phlegm, feces, or any other substance defined as a bodily fluid or
17 matter.
18 Aggravated harassment in the first degree is a class E felony.
19 § 2. This act shall take effect immediately.
