S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4287
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 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:

   Section  1. The penal law is amended by adding two new sections 490.07
 and 490.08 to read as follows:
 § 490.07 MAKING A THREAT OF MASS HARM.
   A PERSON IS GUILTY OF MAKING A THREAT OF MASS  HARM  WHEN  HE  OR  SHE
 COMMUNICATES  BY  ANY MEANS A THREAT TO INFLICT, OR A THREAT TO CAUSE TO
 BE INFLICTED, PHYSICAL INJURY OR DEATH AT A SCHOOL,  PLACE  OF  WORSHIP,
 BUSINESS,  GOVERNMENT  BUILDING,  OR OTHER PLACE OF ASSEMBLY SUCH THREAT
 CAUSES A REASONABLE EXPECTATION OR FEAR OF PHYSICAL  HARM  OR  DEATH  OR
 CAUSES  THE  EVACUATION OR LOCKDOWN OF A SCHOOL, PLACE OF WORSHIP, BUSI-
 NESS, GOVERNMENT BUILDING, OR OTHER PLACE OF ASSEMBLY.
 IT IS NO DEFENSE TO A PROSECUTION FOR MAKING A THREAT OF MASS HARM THAT:
   1. THE DEFENDANT DID NOT HAVE THE INTENT OR CAPABILITY  OF  COMMITTING
 THE THREATENED ACT; OR
   2.  THE  THREAT  WAS  NOT  MADE TO A PERSON WHO WAS THE SUBJECT OF THE
 THREAT.
   MAKING A THREAT OF MASS HARM IS A CLASS A MISDEMEANOR.
 § 490.08 AGGRAVATED THREAT OF MASS HARM.
   A PERSON IS GUILTY OF AGGRAVATED THREAT OF MASS HARM WHEN  HE  OR  SHE
 ENGAGES  IN CONDUCT AS DEFINED IN SECTION 490.07 OF THIS ARTICLE AND HAS
 MADE ANY OVERT ACT IN  FURTHERANCE OF THE COMMISSION OF SUCH CRIME.
   FOR PURPOSES OF THIS SECTION, AN OVERT ACT MAY INCLUDE MAKING  A  PLAN
 TO CARRY OUT SUCH THREAT, COMPILING A LIST OF TARGETS, POSSESSION OF ANY
 WEAPON  OR  DEVICE  THAT  CAN BE USED TO CARRY OUT SUCH THREAT, OR OTHER
 PREPARATORY ACTION.
   AGGRAVATED THREAT OF MASS HARM IS A CLASS E FELONY.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03458-01-9