STATE OF NEW YORK
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86
2019-2020 Regular Sessions
IN SENATE(Prefiled)
January 9, 2019
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Introduced by Sens. KAMINSKY, BROOKS -- read twice and ordered printed,
and when printed to be committed to the Committee on Veterans, Home-
land Security and Military Affairs
AN ACT to amend the penal law, in relation to establishing the crimes of
making a threat of mass harm and aggravated threat of mass harm
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 490.07
2 and 490.08 to read as follows:
3 § 490.07 Making a threat of mass harm.
4 A person is guilty of making a threat of mass harm when he or she
5 communicates by any means a threat to inflict, or a threat to cause to
6 be inflicted, physical injury or death at a school, place of worship,
7 business, government building, or other place of assembly such threat
8 causes a reasonable expectation or fear of physical harm or death or
9 causes the evacuation or lockdown of a school, place of worship, busi-
10 ness, government building, or other place of assembly.
11 It is no defense to a prosecution for making a threat of mass harm that:
12 1. the defendant did not have the intent or capability of committing
13 the threatened act; or
14 2. the threat was not made to a person who was the subject of the
15 threat.
16 Making a threat of mass harm is a class A misdemeanor.
17 § 490.08 Aggravated threat of mass harm.
18 A person is guilty of aggravated threat of mass harm when he or she
19 engages in conduct as defined in section 490.07 of this article and has
20 made any overt act in furtherance of the commission of such crime.
21 For purposes of this section, an overt act may include making a plan
22 to carry out such threat, compiling a list of targets, possession of any
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03458-01-9
S. 86 2
1 weapon or device that can be used to carry out such threat, or other
2 preparatory action.
3 Aggravated threat of mass harm is a class E felony.
4 § 2. This act shall take effect immediately.
