S T A T E O F N E W Y O R K
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4425
2019-2020 Regular Sessions
I N A S S E M B L Y
February 4, 2019
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Introduced by M. of A. DenDEKKER -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to inciting violence against
an active duty member of the military or the reserves
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The penal law is amended by adding a new section 240.12 to
read as follows:
§ 240.12 INCITING VIOLENCE AGAINST AN ACTIVE DUTY MEMBER OF THE MILITARY
OR THE RESERVES.
A PERSON IS GUILTY OF INCITING VIOLENCE AGAINST AN ACTIVE DUTY MEMBER
OF THE MILITARY OR THE RESERVES WHEN, WITH THE INTENTION OF INCITING OR
PRODUCING IMMINENT VIOLENCE AGAINST AN ACTIVE DUTY MEMBER OF THE NEW
YORK GUARD, NEW YORK NAVAL MILITIA, THE UNITED STATES ARMY, NAVY, AIR
FORCE, MARINES, COAST GUARD, ARMY NATIONAL GUARD, AIR NATIONAL GUARD
AND/OR THE RESERVES THEREOF, HE OR SHE ADVOCATES VIOLENCE AGAINST ONE OR
MORE SUCH PERSONS THAT IS LIKELY TO INCITE OR PRODUCE SUCH VIOLENCE.
INCITING VIOLENCE AGAINST AN ACTIVE DUTY MEMBER OF THE MILITARY OR THE
RESERVES IS A CLASS D FELONY.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07803-01-9