STATE OF NEW YORK
2021-2022 Regular Sessions
March 26, 2021
Introduced by M. of A. WALLACE, GRIFFIN -- read once and referred to the
Committee on Codes -- recommitted to the Committee on Codes in accord-
ance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
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 240.78
2 and 240.79 to read as follows:
3 § 240.78 Making a threat of mass harm.
4 1. A person is guilty of making a threat of mass harm when with the
5 intent to intimidate a group of people or to create public alarm, such
6 person threatens to inflict or cause to be inflicted, serious physical
7 injury or death at a school, place of worship, business, government
8 building, or other place of assembly, and thereby causes a reasonable
9 expectation or fear of serious physical injury or death, or causes the
10 evacuation or lockdown of a school, place of worship, business, govern-
11 ment building, or other place of assembly.
12 2. It shall be no defense to a prosecution pursuant to this section
13 that the defendant did not have the intent or capability of committing
14 the conduct threatened.
15 Making a threat of mass harm is a class B misdemeanor.
16 § 240.79 Aggravated threat of mass harm.
17 1. A person is guilty of aggravated threat of mass harm when such
18 person engages in conduct as defined in section 240.78 of this article
19 and has made any overt act in furtherance of the commission of such
21 2. For purposes of this section, an overt act may include making a
22 plan to carry out such threat, compiling a list of targets, possession
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
A. 6716--A 2
1 of any weapon or device that can be used to carry out such threat, or
2 other preparatory action.
3 Aggravated threat of mass harm is a class A misdemeanor.
4 § 2. This act shall take effect immediately.