S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1119
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2025
                                ___________
 
 Introduced  by Sens. OBERACKER, MATTERA, PALUMBO, RHOADS, ROLISON, WEBER
   -- 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03563-01-5
              

 S. 1119                             2
 
   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
 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.