S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8774
 
                             I N  S E N A T E
 
                              March 11, 2024
                                ___________
 
 Introduced by Sen. OBERACKER -- read twice and ordered printed, and when
   printed to be committed 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, OR TO
 INCITE VIOLENCE because of a belief or perception regarding  such  OTHER
 person's race, color, national origin, ancestry, gender, gender identity
 or  expression,  religion, religious practice, age, disability or sexual
 orientation, regardless of whether the belief or perception is  correct,
 [he or she] SUCH PERSON:
   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] SUCH PERSON has been previously convicted of  the  crime  of
 aggravated  harassment  in  the  first  degree  within the preceding ten
 years; or
   3. Etches, paints, draws upon or otherwise places OR DISPLAYS a swast-
 ika, 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

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

                                                            LBD14836-01-4
 S. 8774                             2

 permission  of  the owner or operator of such building or real property]
 OR OTHER SYMBOL ASSOCIATED WITH OR  DERIVED  FROM  NAZI  GERMANY,  IN  A
 PUBLIC  LOCATION  IN  A MANNER THAT IS LIKELY TO CAUSE ANOTHER PERSON TO
 FEEL HARASSED, ANNOYED, THREATENED OR ALARMED, OR TO INCITE VIOLENCE; 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.
   Aggravated harassment in the first degree is a class E felony.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.