NY State Senate Bill 2025-S4813

Senate Bill S4813

2025-2026 Legislative Session

Establishes the crimes of aggravated threat of mass harm in the first degree and aggravated threat of mass harm in the second degree

download bill text pdf

Current Bill Status - In Senate Committee Codes Committee

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 13, 2025	referred to codes

2025-S4813 (ACTIVE) - Details

See Assembly Version of this Bill:: A1092
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Ren §240.79 to be §240.80, amd §§240.80 & 485.05, add §240.79, Pen L; amd §530 .13, CP L
Versions Introduced in 2023-2024 Legislative Session:: S8795, A8457

2025-S4813 (ACTIVE) - Summary

Establishes the crimes of aggravated threat of mass harm in the first degree and aggravated threat of mass harm in the second degree; makes such crimes hate crimes.

2025-S4813 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4813

SPONSOR: RYAN C
 
TITLE OF BILL:

An act to amend the penal law and the criminal procedure law, in
relation to establishing the crimes of aggravated threat of mass harm in
the first degree and aggravated threat of mass harm in the second
degree, and making such crimes hate crimes

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to establish the crimes of aggravated threat
of mass harm in the first and second degree.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would establish the crime of aggravated threat of
mass harm in the first degree, which is a class E felony.

Section 2 of this bill would establish the crime of aggravated threat of
mass harm in the second degree, which is a class A misdemeanor.

Section 3 of this bill would make the crimes of aggravated threat of
mass harm in the first and second degree eligible for hate crime prose-
cution.

Sections 4 and 5 of this bill would allow a court to issue an "order of
protection" related to places or events in a case involving a threat to
a public place or event.

Section 6 of this bill provides that the effective date shall take
effect immediately.

 
JUSTIFICATION:

New York has extensive laws to prosecute those who make threats of
violence against persons and places. However, a recent event at the
Destiny USA mall in Syracuse, NY, shows there is a need to provide
further protections to the free assembly of New Yorkers, regardless of
race, color, national origin, ancestry, gender, gender identity or
expression, religion, religious practice, age, disability, or sexual
orientation.

In May 2023, an employee at the Destiny USA mall in Syracuse made verbal
threats to a group of co-workers threatening to "shoot up" the mall and
the Syracuse Pride Parade taking place there. Despite these threats,
prosecutors were unable to charge the individual with a felony charge
because the threats were only stated to a small group of co-workers.
Additionally, the court was unable to issue an order of protection for
this individual to stay away from the upcoming Pride Parade because it
is a public event and he had no conviction on record. The hamstringing
of the courts is unacceptable; equal protection under the law is, hence-
forth, required; without such protections, codification of new statute
is necessary.

The safety of the public and to safeguard future pride events is para-
mount, and is demanded of the State. This bill would establish the
crimes of aggravated threat of mass harm in the first and second degree.
 
LEGISLATIVE HISTORY:

2023-24: Referred to Codes.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S4813 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4813
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2025
                                ___________
 
 Introduced  by  Sen. C. RYAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
   relation  to establishing the crimes of aggravated threat of mass harm
   in the first degree and aggravated threat of mass harm in  the  second
   degree, and making such crimes hate crimes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 240.79 of the penal law, as added by chapter 206 of
 the laws of 2022, is renumbered section 240.80 and is amended to read as
 follows:
 § 240.80 Aggravated threat of mass harm IN THE FIRST DEGREE.
   1. A person is guilty of aggravated threat of mass harm IN  THE  FIRST
 DEGREE  when such person engages in conduct as defined in section 240.78
 OR 240.79 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
 of  any  weapon  or device that can be used to carry out such threat, or
 other preparatory action.
   Aggravated threat of mass harm IN THE  FIRST  DEGREE  is  a  class  [A
 misdemeanor] E FELONY.
   §  2.  The penal law is amended by adding a new section 240.79 to read
 as follows:
 § 240.79 AGGRAVATED THREAT OF MASS HARM IN THE SECOND DEGREE.
   1. A PERSON IS GUILTY OF AGGRAVATED THREAT OF MASS HARM IN THE  SECOND
 DEGREE  WHEN SUCH PERSON ENGAGES IN CONDUCT AS DEFINED IN SECTION 240.78
 OF THIS ARTICLE AND THE THREAT IS MADE BECAUSE OF A BELIEF OR PERCEPTION
 REGARDING THE GROUP'S RACE, COLOR, NATIONAL  ORIGIN,  ANCESTRY,  GENDER,
 GENDER  IDENTITY OR EXPRESSION, RELIGION, RELIGIOUS PRACTICE, AGE, DISA-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01300-01-5
 S. 4813                             2

 
 BILITY OR SEXUAL  ORIENTATION,  REGARDLESS  OF  WHETHER  THE  BELIEF  OR
 PERCEPTION IS CORRECT.
   2.  PROOF  OF  RACE,  COLOR, NATIONAL ORIGIN, ANCESTRY, GENDER, GENDER
 IDENTITY OR EXPRESSION, RELIGION, RELIGIOUS PRACTICE, AGE, DISABILITY OR
 SEXUAL ORIENTATION OF THE DEFENDANT, THE VICTIM OR OF BOTH THE DEFENDANT
 AND THE VICTIM  DOES  NOT,  BY  ITSELF,  CONSTITUTE  LEGALLY  SUFFICIENT
 EVIDENCE  SATISFYING  THE  PEOPLE'S BURDEN UNDER SUBDIVISION ONE OF THIS
 SECTION.
   AGGRAVATED THREAT OF MASS HARM IN THE  SECOND  DEGREE  IS  A  CLASS  A
 MISDEMEANOR.
   §  3.  Subdivision 3 of section 485.05 of the penal law, as amended by
 section 2 of part C of chapter 55 of the laws of  2024,  is  amended  to
 read as follows:
   3. A "specified offense" is an offense defined by any of the following
 provisions  of  this  chapter:  section  120.00  (assault  in  the third
 degree); section 120.05 (assault in the second degree);  section  120.06
 (gang assault in the second degree); section 120.07 (gang assault in the
 first  degree);  section  120.10  (assault in the first degree); section
 120.12 (aggravated assault upon a person less than  eleven  years  old);
 section  120.13 (menacing in the first degree); section 120.14 (menacing
 in the second degree); section 120.15 (menacing in  the  third  degree);
 section  120.20  (reckless  endangerment  in the second degree); section
 120.25 (reckless endangerment  in  the  first  degree);  section  121.11
 (criminal obstruction of breathing or blood circulation); section 121.12
 (strangulation  in  the second degree); section 121.13 (strangulation in
 the first degree); subdivision one of section  125.15  (manslaughter  in
 the  second  degree);  subdivision  one,  two  or four of section 125.20
 (manslaughter in the first degree); section 125.25 (murder in the second
 degree); section 125.26 (aggravated murder); section 125.27  (murder  in
 the  first  degree);  section  120.45  (stalking  in the fourth degree);
 section 120.50 (stalking in the third degree); section 120.55  (stalking
 in  the  second  degree); section 120.60 (stalking in the first degree);
 section 130.20 (sexual misconduct); section 130.25 (rape  in  the  third
 degree);  section  130.30  (rape  in  the second degree); section 130.35
 (rape in the  first  degree);  former  section  130.40;  former  section
 130.45;  former  section  130.50;  section  130.52  (forcible touching);
 section 130.53 (persistent sexual abuse); section 130.55  (sexual  abuse
 in  the  third  degree);  section  130.60  (sexual  abuse  in the second
 degree); section 130.65 (sexual abuse  in  the  first  degree);  section
 130.65-a  (aggravated sexual abuse in the fourth degree); section 130.66
 (aggravated sexual abuse in the third degree);  section  130.67  (aggra-
 vated  sexual  abuse  in  the second degree); section 130.70 (aggravated
 sexual abuse in the first degree); section 135.05 (unlawful imprisonment
 in the second degree); section  135.10  (unlawful  imprisonment  in  the
 first degree); section 135.20 (kidnapping in the second degree); section
 135.25 (kidnapping in the first degree); section 135.60 (coercion in the
 third  degree);  section 135.61 (coercion in the second degree); section
 135.65 (coercion in the first degree); section 140.10 (criminal trespass
 in the third degree); section 140.15 (criminal trespass  in  the  second
 degree); section 140.17 (criminal trespass in the first degree); section
 140.20  (burglary  in the third degree); section 140.25 (burglary in the
 second degree); section 140.30 (burglary in the first  degree);  section
 145.00  (criminal mischief in the fourth degree); section 145.05 (crimi-
 nal mischief in the third degree); section 145.10 (criminal mischief  in
 the  second  degree);  section  145.12  (criminal  mischief in the first
 degree); section 150.05 (arson in the  fourth  degree);  section  150.10
 S. 4813                             3

 (arson  in  the  third  degree);  section  150.15  (arson  in the second
 degree); section 150.20 (arson in  the  first  degree);  section  155.25
 (petit  larceny);  section  155.30 (grand larceny in the fourth degree);
 section  155.35  (grand  larceny  in  the  third degree); section 155.40
 (grand larceny in the second degree); section 155.42 (grand  larceny  in
 the first degree); section 160.05 (robbery in the third degree); section
 160.10  (robbery  in  the second degree); section 160.15 (robbery in the
 first degree); section 230.34 (sex trafficking); section  230.34-a  (sex
 trafficking  of  a  child);  section  240.25  (harassment  in  the first
 degree); subdivision one, two or  four  of  section  240.30  (aggravated
 harassment  in the second degree); SECTION 240.31 (AGGRAVATED HARASSMENT
 IN THE FIRST DEGREE); SECTION 240.79 (AGGRAVATED THREAT OF MASS HARM  IN
 THE  SECOND  DEGREE);  SECTION 240.80 (AGGRAVATED THREAT OF MASS HARM IN
 THE FIRST DEGREE); section 240.50 (falsely reporting an incident in  the
 third  degree);  section  240.55  (falsely  reporting an incident in the
 second degree); section 240.60 (falsely reporting  an  incident  in  the
 first degree); subdivision one of section 265.03 (criminal possession of
 a weapon in the second degree); subdivision one of section 265.04 (crim-
 inal possession of a weapon in the first degree); section 490.10 (solic-
 iting  or  providing  support  for  an  act  of  terrorism in the second
 degree); section 490.15 (soliciting or providing support for an  act  of
 terrorism  in  the  first  degree); section 490.20 (making a terroristic
 threat); section 490.25 (crime of terrorism); section 490.30  (hindering
 prosecution  of terrorism in the second degree); section 490.35 (hinder-
 ing prosecution of terrorism in the first degree); section 490.37 (crim-
 inal possession of a chemical weapon or biological weapon in  the  third
 degree);  section  490.40  (criminal  possession of a chemical weapon or
 biological weapon  in  the  second  degree);  section  490.45  (criminal
 possession  of  a  chemical  weapon  or  biological  weapon in the first
 degree); section 490.47 (criminal use of a chemical weapon or biological
 weapon in the third degree); section 490.50 (criminal use of a  chemical
 weapon or biological weapon in the second degree); section 490.55 (crim-
 inal use of a chemical weapon or biological weapon in the first degree);
 or any attempt or conspiracy to commit any of the foregoing offenses.
   §  4. Paragraph (a) of subdivision 1 of section 530.13 of the criminal
 procedure law, as amended by chapter 794 of the laws of 1986, is amended
 to read as follows:
   (a) stay away from the home, school, business or place  of  employment
 of  the  victims of, or designated witnesses to, the alleged offense, OR
 STAY AWAY FROM THE PLACES OR EVENTS SUBJECT TO THREATS OF MASS  HARM  IN
 AN  ALLEGED  OFFENSE DEFINED IN SECTION 240.78, 240.79, OR 240.80 OF THE
 PENAL LAW, AS SHALL BE SPECIFICALLY NAMED BY THE COURT IN SUCH ORDER;
   § 5. Paragraph (a) of subdivision 4 of section 530.13 of the  criminal
 procedure law, as amended by chapter 610 of the laws of 1998, is amended
 to read as follows:
   (a)  stay  away from the home, school, business or place of employment
 of the victim or victims, or of any witness designated by the court,  of
 such  offense;  OR  STAY    AWAY    FROM THE PLACES OR EVENTS SUBJECT TO
 THREATS OF MASS HARM IN AN ALLEGED OFFENSE DEFINED  IN  SECTION  240.78,
 240.79,  OR  240.80 OF  THE PENAL LAW, AS SHALL BE SPECIFICALLY NAMED BY
 THE COURT IN SUCH ORDER;
   § 6. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.