STATE OF NEW YORK ________________________________________________________________________

6716

2021-2022 Regular Sessions

IN ASSEMBLY

March 26, 2021 ___________

Introduced by M. of A. WALLACE -- read once and referred to the Commit- tee on Codes

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 23 weapon or device that can be used to carry out such threat, or other 24 preparatory action. 25 Aggravated threat of mass harm is a class E felony. 26 § 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00980-01-1