S. 1902 2
A person is guilty of menacing in the first degree when he or she
commits the crime of menacing in the second degree and has been previ-
ously 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.
Menacing in the first degree is a class [E] D felony.
§ 4. Section 120.14 of the penal law, as amended by chapter 222 of the
laws of 1994 and subdivision 3 as amended by chapter 597 of the laws of
1998, is amended to read as follows:
§ 120.14 Menacing in the second degree.
A person is guilty of menacing in the second degree when:
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 repeatedly follows a person or engages in a course of
conduct or repeatedly commits acts over a period of time intentionally
placing or attempting to place another person in reasonable fear of
physical injury, serious physical injury or death; or
3. He or she 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.
Menacing in the second degree is a class [A misdemeanor] E FELONY.
§ 5. Section 120.15 of the penal law, as amended by chapter 345 of the
laws of 1992, is amended to read as follows:
§ 120.15 Menacing in the third degree.
A person is guilty of menacing in the third degree when, by physical
menace, he or she intentionally places or attempts to place another
person in fear of death, imminent serious physical injury or physical
injury.
Menacing in the third degree is a class [B] A misdemeanor.
§ 6. Section 121.11 of the penal law, as added by chapter 405 of the
laws of 2010, is amended to read as follows:
§ 121.11 Criminal obstruction of breathing or blood circulation.
A person is guilty of criminal obstruction of breathing or blood
circulation when, with intent to impede the normal breathing or circu-
lation of the blood of another person, he or she:
a. applies pressure on the throat or neck of such person; or
b. blocks the nose or mouth of such person.
Criminal obstruction of breathing or blood circulation is a class [A
misdemeanor] E FELONY.
§ 7. Section 135.05 of the penal law is amended to read as follows:
§ 135.05 Unlawful imprisonment in the second degree.
A person is guilty of unlawful imprisonment in the second degree when
he restrains another person.
Unlawful imprisonment in the second degree is a class [A misdemeanor]
E FELONY.
§ 8. Section 135.10 of the penal law is amended to read as follows:
§ 135.10 Unlawful imprisonment in the first degree.
S. 1902 3
A person is guilty of unlawful imprisonment in the first degree when
he restrains another person under circumstances which expose the latter
to a risk of serious physical injury.
Unlawful imprisonment in the first degree is a class [E] D felony.
§ 9. Section 135.60 of the penal law, as amended by section 1 of part
NN of chapter 55 of the laws of 2018, is amended to read as follows:
§ 135.60 Coercion in the third degree.
A person is guilty of coercion in the third degree when he or she
compels or induces a person to engage in conduct which the latter has a
legal right to abstain from engaging in, or to abstain from engaging in
conduct in which he or she has a legal right to engage, or compels or
induces a person to join a group, organization or criminal enterprise
which such latter person has a right to abstain from joining, by means
of instilling in him or her a fear that, if the demand is not complied
with, the actor or another will:
1. Cause physical injury to a person; or
2. Cause damage to property; or
3. Engage in other conduct constituting a crime; or
4. Accuse some person of a crime or cause criminal charges to be
instituted against him or her; or
5. Expose a secret or publicize an asserted fact, whether true or
false, tending to subject some person to hatred, contempt or ridicule;
or
6. Cause a strike, boycott or other collective labor group action
injurious to some person's business; except that such a threat shall not
be deemed coercive when the act or omission compelled is for the benefit
of the group in whose interest the actor purports to act; or
7. Testify or provide information or withhold testimony or information
with respect to another's legal claim or defense; or
8. Use or abuse his or her position as a public servant by performing
some act within or related to his or her official duties, or by failing
or refusing to perform an official duty, in such manner as to affect
some person adversely; or
9. Perform any other act which would not in itself materially benefit
the actor but which is calculated to harm another person materially with
respect to his or her health, safety, business, calling, career, finan-
cial condition, reputation or personal relationships.
Coercion in the third degree is a class [A misdemeanor] E FELONY.
§ 10. Section 135.61 of the penal law, as added by section 2 of part
NN of chapter 55 of the laws of 2018, is amended to read as follows:
§ 135.61 Coercion in the second degree.
A person is guilty of coercion in the second degree when he or she
commits the crime of coercion in the third degree as defined in section
135.60 of this article and thereby compels or induces a person to engage
in sexual intercourse, oral sexual conduct or anal sexual conduct as
such terms are defined in section [130 of the penal law] 130.00 OF THIS
TITLE.
Coercion in the second degree is a class [E] D felony.
§ 11. Section 135.65 of the penal law, as amended by section 3 of part
NN of chapter 55 of the laws of 2018, is amended to read as follows:
§ 135.65 Coercion in the first degree.
A person is guilty of coercion in the first degree when he or she
commits the crime of coercion in the third degree, and when:
1. He or she commits such crime by instilling in the victim a fear
that he or she will cause physical injury to a person or cause damage to
property; or
S. 1902 4
2. He or she thereby compels or induces the victim to:
(a) Commit or attempt to commit a felony; or
(b) Cause or attempt to cause physical injury to a person; or
(c) Violate his or her duty as a public servant.
Coercion in the first degree is a class [D] C felony.
§ 12. Section 140.17 of the penal law, as added by chapter 341 of the
laws of 1969, is amended to read as follows:
§ [140.17.] 140.17 Criminal trespass in the first degree.
A person is guilty of criminal trespass in the first degree when he
knowingly enters or remains unlawfully in a building, and when, in the
course of committing such crime, he:
1. Possesses, or knows that another participant in the crime
possesses, an explosive or a deadly weapon; or
2. Possesses a firearm, rifle or shotgun, as those terms are defined
in section 265.00 OF THIS PART, and also possesses or has readily acces-
sible a quantity of ammunition which is capable of being discharged from
such firearm, rifle or shotgun; or
3. Knows that another participant in the crime possesses a firearm,
rifle or shotgun under circumstances described in subdivision two OF
THIS SECTION.
Criminal trespass in the first degree is a class [D] C felony.
§ 13. Section 145.15 of the penal law, as amended by chapter 585 of
the laws of 2006, is amended to read as follows:
§ 145.15 Criminal tampering in the second degree.
A person is guilty of criminal tampering in the second degree when,
having no right to do so nor any reasonable ground to believe that he
has such right, he or she tampers or makes connection with property of a
gas, electric, sewer, steam or water-works corporation, telephone or
telegraph corporation, common carrier, nuclear powered electric generat-
ing facility, or public utility operated by a municipality or district;
except that in any prosecution under this section, it is an affirmative
defense that the defendant did not engage in such conduct for a larce-
nous or otherwise unlawful or wrongful purpose.
Criminal tampering in the second degree is a class [A misdemeanor] E
FELONY.
§ 14. Section 150.05 of the penal law, as amended by chapter 225 of
the laws of 1979, is amended to read as follows:
§ 150.05 Arson in the fourth degree.
1. A person is guilty of arson in the fourth degree when he recklessly
damages a building or motor vehicle by intentionally starting a fire or
causing an explosion.
2. In any prosecution under this section, it is an affirmative defense
that no person other than the defendant had a possessory or proprietary
interest in the building or motor vehicle.
Arson in the fourth degree is a class [E] D felony.
§ 15. Section 215.50 of the penal law, as amended by chapter 702 of
the laws of 1972, is amended to read as follows:
§ 215.50 Criminal contempt in the second degree.
A person is guilty of criminal contempt in the second degree when he
engages in any of the following conduct:
1. Disorderly, contemptuous, or insolent behavior, committed during
the sitting of a court, in its immediate view and presence and directly
tending to interrupt its proceedings or to impair the respect due to its
authority; or
2. Breach of the peace, noise, or other disturbance, directly tending
to interrupt a court's proceedings; or
S. 1902 5
3. Intentional disobedience or resistance to the lawful process or
other mandate of a court except in cases involving or growing out of
labor disputes as defined by subdivision two of section seven hundred
fifty-three-a of the judiciary law; or
4. Contumacious and unlawful refusal to be sworn as a witness in any
court proceeding or, after being sworn, to answer any legal and proper
interrogatory; or
5. Knowingly publishing a false or grossly inaccurate report of a
court's proceedings; or
6. Intentional failure to obey any mandate, process or notice, issued
pursuant to articles sixteen, seventeen, eighteen, or eighteen-a of the
judiciary law, or to rules adopted pursuant to any such statute or to
any special statute establishing commissioners of jurors and prescribing
their duties or who refuses to be sworn as provided therein; or
7. On or along a public street or sidewalk within a radius of two
hundred feet of any building established as a courthouse, he calls
aloud, shouts, holds or displays placards or signs containing written or
printed matter, concerning the conduct of a trial being held in such
courthouse or the character of the court or jury engaged in such trial
or calling for or demanding any specified action or determination by
such court or jury in connection with such trial.
Criminal contempt in the second degree is a class [A misdemeanor] E
FELONY.
§ 16. Section 215.51 of the penal law, as amended by chapter 222 of
the laws of 1994, subdivision (b) as added by chapter 353 of the laws of
1996, the opening paragraph of subdivision (b) and subdivision (d) as
amended by chapter 597 of the laws of 1998, and subdivision (c) as
amended by chapter 349 of the laws of 2006, is amended to read as
follows:
§ 215.51 Criminal contempt in the first degree.
A person is guilty of criminal contempt in the first degree when:
(a) he contumaciously and unlawfully refuses to be sworn as a witness
before a grand jury, or, when after having been sworn as a witness
before a grand jury, he refuses to answer any legal and proper interro-
gatory; or
(b) in violation of a duly served order of protection, or such order
of which the defendant has actual knowledge because he or she was pres-
ent in court when such order was issued, or an order of protection
issued by a court of competent jurisdiction in this or another state,
territorial or tribal jurisdiction, he or she:
(i) intentionally places or attempts to place a person for whose
protection such order was issued in reasonable fear of physical injury,
serious physical injury or death by displaying a deadly weapon, danger-
ous instrument or what appears to be a pistol, revolver, rifle, shotgun,
machine gun or other firearm or by means of a threat or threats; or
(ii) intentionally places or attempts to place a person for whose
protection such order was issued in reasonable fear of physical injury,
serious physical injury or death by repeatedly following such person or
engaging in a course of conduct or repeatedly committing acts over a
period of time; or
(iii) intentionally places or attempts to place a person for whose
protection such order was issued in reasonable fear of physical injury,
serious physical injury or death when he or she communicates or causes a
communication to be initiated with such person by mechanical or elec-
tronic means or otherwise, anonymously or otherwise, by telephone, or by
telegraph, mail or any other form of written communication; or
S. 1902 6
(iv) with intent to harass, annoy, threaten or alarm a person for
whose protection such order was issued, repeatedly makes telephone calls
to such person, whether or not a conversation ensues, with no purpose of
legitimate communication; or
(v) with intent to harass, annoy, threaten or alarm a person for whose
protection such order was issued, strikes, shoves, kicks or otherwise
subjects such other person to physical contact or attempts or threatens
to do the same; or
(vi) by physical menace, intentionally places or attempts to place a
person for whose protection such order was issued in reasonable fear of
death, imminent serious physical injury or physical injury.
(c) he or she commits the crime of criminal contempt in the second
degree as defined in subdivision three of section 215.50 of this article
by violating that part of a duly served order of protection, or such
order of which the defendant has actual knowledge because he or she was
present in court when such order was issued, under sections two hundred
forty and two hundred fifty-two of the domestic relations law, articles
four, five, six and eight of the family court act and 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 juris-
diction, which requires the respondent or defendant to stay away from
the person or persons on whose behalf the order was issued, and where
the defendant has been previously convicted of the crime of aggravated
criminal contempt or criminal contempt in the first or second degree for
violating an order of protection as described herein within the preced-
ing five years; or
(d) in violation of a duly served order of protection, or such order
of which the defendant has actual knowledge because he or she was pres-
ent in court when such order was issued, or an order issued by a court
of competent jurisdiction in this or another state, territorial or
tribal jurisdiction, he or she intentionally or recklessly damages the
property of a person for whose protection such order was issued in an
amount exceeding two hundred fifty dollars.
Criminal contempt in the first degree is a class [E] D felony.
§ 17. Section 240.25 of the penal law, as amended by chapter 109 of
the laws of 1994, is amended to read as follows:
§ 240.25 Harassment in the first degree.
A person is guilty of harassment in the first degree when he or she
intentionally and repeatedly harasses another person by following such
person in or about a public place or places or by engaging in a course
of conduct or by repeatedly committing acts which places such person in
reasonable fear of physical injury. This section shall not apply to
activities regulated by the national labor relations act, as amended,
the railway labor act, as amended, or the federal employment labor
management act, as amended.
Harassment in the first degree is a class [B] A misdemeanor.
§ 18. Section 240.30 of the penal law, as amended by chapter 188 of
the laws of 2014, is amended to read as follows:
§ 240.30 Aggravated harassment in the second degree.
A person is guilty of aggravated harassment in the second degree when:
1. With intent to harass another person, the actor either:
(a) communicates, anonymously or otherwise, by telephone, by computer
or any other electronic means, or by mail, or by transmitting or deliv-
ering any other form of communication, a threat to cause physical harm
to, or unlawful harm to the property of, such person, or a member of
such person's same family or household as defined in subdivision one of
S. 1902 7
section 530.11 of the criminal procedure law, and the actor knows or
reasonably should know that such communication will cause such person to
reasonably fear harm to such person's physical safety or property, or to
the physical safety or property of a member of such person's same family
or household; or
(b) causes a communication to be initiated anonymously or otherwise,
by telephone, by computer or any other electronic means, or by mail, or
by transmitting or delivering any other form of communication, a threat
to cause physical harm to, or unlawful harm to the property of, such
person, a member of such person's same family or household as defined in
subdivision one of section 530.11 of the criminal procedure law, and the
actor knows or reasonably should know that such communication will cause
such person to reasonably fear harm to such person's physical safety or
property, or to the physical safety or property of a member of such
person's same family or household; or
2. With intent to harass or threaten another person, he or she makes a
telephone call, whether or not a conversation ensues, with no purpose of
legitimate communication; or
3. With the intent to harass, annoy, threaten or alarm another person,
he or she strikes, shoves, kicks, or otherwise subjects another person
to physical contact, or attempts or threatens to do the same 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; or
4. With the intent to harass, annoy, threaten or alarm another person,
he or she strikes, shoves, kicks or otherwise subjects another person to
physical contact thereby causing physical injury to such person or to a
family or household member of such person as defined in section 530.11
of the criminal procedure law; or
5. He or she commits the crime of harassment in the first degree and
has previously been convicted of the crime of harassment in the first
degree as defined by section 240.25 of this article within the preceding
ten years.
Aggravated harassment in the second degree is a class [A misdemeanor]
E FELONY.
§ 19. 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 or
S. 1902 8
he or she has been previously convicted of the crime of aggravated
harassment in the first degree within the preceding ten years; or
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. 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] D felony.
§ 20. Subdivision 1 of section 370.15 of the criminal procedure law is
REPEALED and a new subdivision 1 is added to read as follows:
1. WHEN A DEFENDANT HAS BEEN CHARGED WITH ASSAULT IN THE THIRD DEGREE,
MENACING IN THE THIRD DEGREE, MENACING IN THE SECOND DEGREE, CRIMINAL
OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION, UNLAWFUL IMPRISONMENT IN
THE SECOND DEGREE, COERCION IN THE THIRD DEGREE, CRIMINAL CONTEMPT IN
THE SECOND DEGREE, HARASSMENT IN THE FIRST DEGREE, AGGRAVATED HARASSMENT
IN THE SECOND DEGREE, OR ATTEMPT TO COMMIT ANY OF THE ABOVE-LISTED
OFFENSES, THE PEOPLE MAY, AT ARRAIGNMENT OR NO LATER THAN FORTY-FIVE
DAYS AFTER ARRAIGNMENT, SERVE ON THE DEFENDANT AND FILE WITH THE COURT A
NOTICE ALLEGING THAT THE DEFENDANT AND THE PERSON ALLEGED TO BE THE
VICTIM OF SUCH CRIME WERE MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS
DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAPTER.
§ 21. Section 380.97 of the criminal procedure law is REPEALED and a
new section 380.97 is added to read as follows:
§ 380.97 NOTIFICATION TO DIVISION OF CRIMINAL JUSTICE SERVICES OF
CERTAIN MISDEMEANOR CONVICTIONS.
UPON JUDGEMENT OF CONVICTION OF ASSAULT IN THE THIRD DEGREE, MENACING
IN THE THIRD DEGREE, MENACING IN THE SECOND DEGREE, CRIMINAL OBSTRUCTION
OF BREATHING OR BLOOD CIRCULATION, UNLAWFUL IMPRISONMENT IN THE SECOND
DEGREE, COERCION IN THE THIRD DEGREE, CRIMINAL CONTEMPT IN THE SECOND
DEGREE, HARASSMENT IN THE FIRST DEGREE, OR AGGRAVATED HARASSMENT IN THE
SECOND DEGREE, OR ATTEMPT TO COMMIT ANY OF THE ABOVE-LISTED OFFENSES,
WHEN THE DEFENDANT AND VICTIM HAVE BEEN DETERMINED, PURSUANT TO SECTION
370.15 OF THIS PART, TO BE MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS
DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THIS CHAPTER, THE CLERK
OF THE COURT SHALL INCLUDE NOTIFICATION AND A COPY OF THE WRITTEN DETER-
MINATION IN A REPORT OF SUCH CONVICTION TO THE DIVISION OF CRIMINAL
JUSTICE SERVICES TO ENABLE THE DIVISION TO REPORT SUCH DETERMINATION TO
THE FEDERAL BUREAU OF INVESTIGATION AND ASSIST THE BUREAU IN IDENTIFYING
PERSONS PROHIBITED FROM PURCHASING AND POSSESSING A FIREARM OR OTHER
WEAPON DUE TO CONVICTION OF AN OFFENSE SPECIFIED IN PARAGRAPH (C) OF
SUBDIVISION SEVENTEEN OF SECTION 265.00 OF THE PENAL LAW.
§ 22. This act shall take effect immediately.
