Assembly Bill A6716A

Signed By Governor
2021-2022 Legislative Session

Establishes the crimes of making a threat of mass harm and aggravated threat of mass harm

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Sponsored By

Archive: Last Bill Status Via S89 - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2021-A6716 - Details

See Senate Version of this Bill:
S89
Law Section:
Penal Law
Laws Affected:
Add §§240.78 & 240.79, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: S8262
2019-2020: S86

2021-A6716 - Summary

Establishes the crimes of making a threat of mass harm and aggravated threat of mass harm.

2021-A6716 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6716
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              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:

   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

co-Sponsors

2021-A6716A (ACTIVE) - Details

See Senate Version of this Bill:
S89
Law Section:
Penal Law
Laws Affected:
Add §§240.78 & 240.79, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: S8262
2019-2020: S86

2021-A6716A (ACTIVE) - Summary

Establishes the crimes of making a threat of mass harm and aggravated threat of mass harm.

2021-A6716A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6716--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              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-
   tee

 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  240.78
 and 240.79 to read as follows:
 § 240.78 MAKING A THREAT OF MASS HARM.
    1.   A PERSON IS GUILTY OF MAKING A THREAT OF MASS HARM WHEN WITH THE
 INTENT TO INTIMIDATE A GROUP OF PEOPLE OR TO CREATE PUBLIC  ALARM,  SUCH
 PERSON  THREATENS  TO INFLICT OR CAUSE TO BE INFLICTED, SERIOUS PHYSICAL
 INJURY OR DEATH AT A SCHOOL, PLACE OF  WORSHIP,  BUSINESS,    GOVERNMENT
 BUILDING,    OR OTHER PLACE OF ASSEMBLY, AND THEREBY CAUSES A REASONABLE
 EXPECTATION OR FEAR OF  SERIOUS PHYSICAL INJURY OR DEATH, OR CAUSES  THE
 EVACUATION OR LOCKDOWN OF A SCHOOL, PLACE OF WORSHIP, BUSINESS,  GOVERN-
 MENT BUILDING, OR OTHER PLACE OF ASSEMBLY.
   2.  IT  SHALL  BE NO DEFENSE TO A PROSECUTION PURSUANT TO THIS SECTION
 THAT THE DEFENDANT DID NOT HAVE THE INTENT OR CAPABILITY  OF  COMMITTING
 THE CONDUCT THREATENED.
   MAKING A THREAT OF MASS HARM IS A CLASS B MISDEMEANOR.
 § 240.79 AGGRAVATED THREAT OF MASS HARM.
    1.  A  PERSON  IS  GUILTY OF AGGRAVATED THREAT OF MASS HARM WHEN SUCH
 PERSON ENGAGES IN CONDUCT AS DEFINED IN SECTION 240.78 OF  THIS  ARTICLE
 AND  HAS  MADE  ANY  OVERT  ACT IN FURTHERANCE OF THE COMMISSION OF SUCH
 CRIME.
   2. FOR PURPOSES OF THIS SECTION, AN OVERT ACT  MAY  INCLUDE  MAKING  A
 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.
                                                            LBD00980-04-2

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