Assembly Bill A4943

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4943

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2013
                               ___________

Introduced by M. of A. GABRYSZAK -- Multi-Sponsored by -- M. of A. HOOP-
  ER -- read once and referred to the Committee on Codes

AN  ACT to amend the penal law, in relation to menacing committed with a
  deadly weapon, dangerous instrument or firearm

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 120.13 of the penal law, as amended by chapter 765
of the laws of 2005, is amended to read as follows:
S 120.13 Menacing in the first degree.
  1. A person is guilty of menacing in the first degree when [he or she]
SUCH PERSON:
  (A) commits the crime of menacing in the second degree  and  has  been
previously  convicted  of  the crime of menacing in the second degree or
the crime of menacing a police  officer  or  peace  officer  within  the
preceding ten years[.]; OR
  (B)  INTENTIONALLY  PLACES  OR  ATTEMPTS  TO  PLACE  ANOTHER PERSON IN
REASONABLE FEAR OF PHYSICAL INJURY, SERIOUS PHYSICAL INJURY OR DEATH  BY
DISPLAYING A DEADLY WEAPON, DANGEROUS INSTRUMENT OR WHAT APPEARS TO BE A
PISTOL, REVOLVER, RIFLE, SHOTGUN, MACHINE GUN OR OTHER FIREARM.
  2. A PERSON IS NOT GUILTY OF MENACING IN THE FIRST DEGREE IF HE OR SHE
VIOLATES  SUBDIVISION ONE OF THIS SECTION UNDER CIRCUMSTANCES WHERE SUCH
PERSON BELIEVES THAT SUCH ACTION IS NECESSARY TO  PROTECT  A  PERSON  OR
PROPERTY FROM HARM.
  Menacing in the first degree is a class E felony.
  S 2. Section 120.14 of the penal law, as amended by chapter 222 of the
laws  of  1994,  subdivision  3 as amended by chapter 597 of the laws of
1998, is amended to read as follows:
S 120.14 Menacing in the second degree.
  1. A person is guilty of menacing  in  the  second  degree  when  SUCH
PERSON:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08094-01-3

              

A. 4943                             2

  [1. He or she intentionally places or attempts to place another person
in  reasonable fear of physical injury, serious physical injury or death
by displaying a deadly weapon, dangerous instrument or what  appears  to
be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or
  2.  He  or she] (A) repeatedly follows a person or engages in a course
of conduct or repeatedly commits acts  over  a  period  of  time  inten-
tionally  placing  or  attempting  to place another person in reasonable
fear of physical injury, serious physical injury or death; or
  [3.  He or she] (B) commits the crime of menacing in the third  degree
in  violation of that part of a duly served order of protection, or such
order which the defendant has actual knowledge of because he or she  was
present  in  court when such order was issued, pursuant to article eight
of the family court act, section 530.12 of the criminal  procedure  law,
or an order of protection issued by a court of competent jurisdiction in
another  state,  territorial  or tribal jurisdiction, which directed the
respondent or defendant to stay away from the person or persons on whose
behalf the order was issued.
  2. A PERSON IS NOT GUILTY OF MENACING IN THE SECOND DEGREE  IF  HE  OR
SHE  VIOLATES  SUBDIVISION ONE OF THIS SECTION UNDER CIRCUMSTANCES WHERE
SUCH PERSON BELIEVES THAT SUCH ACTION IS NECESSARY TO PROTECT  A  PERSON
OR PROPERTY FROM HARM.
  Menacing in the second degree is a class A misdemeanor.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.