Increases severity of hazing in the second degree from a violation to an E felony where injury or death occurs, and of hazing in the first degree from a class A misdemeanor to a D felony where injury or death is caused by deadly weapon or dangerous instrument; creates new class A misdemeanor of hazing in the third degree which mirrors former hazing in the second degree.
STATE OF NEW YORK
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298
2009-2010 Regular Sessions
IN SENATE(Prefiled)
January 7, 2009
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Introduced by Sen. LITTLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to increasing the penalties
for hazing
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 120.16 of the penal law, as amended by chapter 86
2 of the laws of 1988, is amended to read as follows:
3 § 120.16 Hazing in the first degree.
4 A person is guilty of hazing in the first degree when, in the course
5 of another person's initiation into or affiliation with any organiza-
6 tion, he or she intentionally or recklessly engages in conduct which
7 creates a substantial risk of serious physical injury or death to such
8 other person or a third person and thereby causes such serious injury or
9 death to such person or to a third person.
10 Hazing in the first degree is a class [A misdemeanor] D felony.
11 § 2. Section 120.17 of the penal law, as added by chapter 86 of the
12 laws of 1988, is amended to read as follows:
13 § 120.17 Hazing in the second degree.
14 A person is guilty of hazing in the second degree when, in the course
15 of another person's initiation or affiliation with any organization, he
16 or she intentionally or recklessly engages in conduct which creates a
17 substantial risk of physical injury to such other person or a third
18 person and thereby causes such injury.
19 Hazing in the second degree is a [violation] class E felony.
20 § 3. The penal law is amended by adding a new section 120.19 to read
21 as follows:
22 § 120.19 Hazing in the third degree.
23 A person is guilty of hazing in the third degree when, in the course
24 of another person's initiation or affiliation with any organization, he
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00197-01-9
S. 298 2
1 or she intentionally or recklessly engages in conduct which creates a
2 substantial risk of physical injury to such other person or a third
3 person.
4 Hazing in the third degree is a class A misdemeanor.
5 § 4. This act shall take effect on the first of November next succeed-
6 ing the date on which it shall have become a law.
