S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3886
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by  M.  of A. DICKENS, SEAWRIGHT, MORINELLO, COLTON, TAYLOR,
   ZEBROWSKI, BUTTENSCHON, SIMON, GLICK,  McDONOUGH,  K. BROWN,  MIKULIN,
   GANDOLFO,  J. A. GIGLIO, J. M. GIGLIO -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the penal law, in relation to aggravated  harassment  in
   the first degree

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 240.31 of the penal law, as amended by  chapter  49
 of  the  laws  of 2006, the opening paragraph as amended by chapter 8 of
 the laws of 2019, subdivisions 3 and 4 as amended and subdivision  5  as
 added by chapter 74 of the laws of 2008, is amended to read as follows:
 § 240.31 Aggravated harassment in the first degree.
   A  person  is guilty of aggravated harassment in the first degree when
 with intent to harass, annoy, threaten or alarm another person,  because
 of  a belief or perception regarding such person's race, color, national
 origin, ancestry, gender, gender identity or expression, religion, reli-
 gious practice, age, disability or  sexual  orientation,  regardless  of
 whether the belief or perception is correct, he or she:
   1. Damages premises primarily used for religious purposes, or acquired
 pursuant  to section six of the religious corporation law and maintained
 for purposes of religious instruction, and the damage  to  the  premises
 exceeds fifty dollars; or
   2.  Commits the crime of aggravated harassment in the second degree in
 the manner proscribed by the provisions of subdivision three of  section
 240.30 of this article and has been previously convicted of the crime of
 aggravated harassment in the second degree for the commission of conduct
 proscribed  by  the provisions of subdivision three of section 240.30 or
 he or she has been previously  convicted  of  the  crime  of  aggravated
 harassment in the first degree within the preceding ten years; or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03160-01-3
 A. 3886                             2
              

 
   3. Etches, paints, draws upon or otherwise places a swastika, commonly
 exhibited  as  the emblem of Nazi Germany, on any building or other real
 property, public or private, owned by any person, firm or corporation or
 any public agency or instrumentality, without express permission of  the
 owner or operator of such building or real property; OR
   4. Sets on fire a cross in public view; or
   5. Etches, paints, draws upon or otherwise places or displays a noose,
 commonly exhibited as a symbol of racism and intimidation, on any build-
 ing or other real property, public or private, owned by any person, firm
 or  corporation or any public agency or instrumentality, without express
 permission of the owner or operator of such building or  real  property;
 OR
   6.  THROWS,  TOSSES, SPITS, WIPES, EXPELS OR TRANSFERS ONTO THE PERSON
 OF ANOTHER INDIVIDUAL, WITHOUT SUCH PERSON'S CONSENT,  HUMAN  OR  ANIMAL
 BODILY FLUIDS OR MATTER, SUCH AS, BUT NOT LIMITED TO URINE, BLOOD, SALI-
 VA,  PHLEGM,  FECES, OR ANY OTHER SUBSTANCE DEFINED AS A BODILY FLUID OR
 MATTER.
   Aggravated harassment in the first degree is a class E felony.
   § 2. This act shall take effect immediately.