S T A T E O F N E W Y O R K
________________________________________________________________________
1226
2019-2020 Regular Sessions
I N A S S E M B L Y
January 14, 2019
___________
Introduced by M. of A. M. G. MILLER -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to including the use of a
governmental agency to harass a person within the crime of 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, 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, religion, religious 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 OF
THIS ARTICLE 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.
LBD00327-01-9
A. 1226 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;
4. Sets on fire a cross in public view; or
5. EITHER (A) UNLAWFULLY DISCLOSES CONFIDENTIAL INFORMATION CONCERN-
ING THE PERSON HE OR SHE INTENDS TO HARASS, ANNOY, THREATEN, OR ALARM
WHICH HE OR SHE OBTAINED FROM A GOVERNMENT AGENCY OR ANY POLITICAL
SUBDIVISION OF THE STATE OR MUNICIPALITY, IN A MANNER LIKELY TO CAUSE
ANNOYANCE OR ALARM; OR (B) UNLAWFULLY CAUSES PERSONNEL EMPLOYED BY A
GOVERNMENTAL AGENCY OR ANY POLITICAL SUBDIVISION OF THE STATE OR MUNICI-
PALITY TO CONTACT OR INTERACT WITH THE PERSON HE OR SHE INTENDS TO
HARASS, ANNOY, THREATEN, OR ALARM IN AN OFFICIAL CAPACITY, IN A MANNER
LIKELY TO CAUSE ANNOYANCE OR ALARM; OR
6. 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 first of November next succeed-
ing the date on which it shall have become a law.