S T A T E O F N E W Y O R K
________________________________________________________________________
5852
2023-2024 Regular Sessions
I N A S S E M B L Y
March 23, 2023
___________
Introduced by M. of A. CHANDLER-WATERMAN -- read once and referred to
the Committee on Codes
AN ACT to amend the penal law, in relation to establishing the offenses
of political coercion in the second degree, political coercion in the
first degree and accomplice to political coercion
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 three new sections
135.80, 135.81 and 135.82 to read as follows:
§ 135.80 POLITICAL COERCION IN THE SECOND DEGREE.
A PERSON IS GUILTY OF POLITICAL COERCION IN THE SECOND DEGREE WHEN HE
OR SHE, BEING A PUBLIC SERVANT IN THIS STATE OR ANY OTHER STATE, AND FOR
POLITICAL OR PUBLICITY REASONS OR PERSONAL GAIN, TRANSPORTS ANOTHER
PERSON INTO THE STATE BY MEANS OF INTENTIONALLY:
1. MAKING MATERIAL FALSE STATEMENTS, MISSTATEMENTS, OR OMISSIONS TO
COMPEL OR INDUCE THE PERSON TO BE TRANSPORTED INTO THE STATE WITH AN
INTENT TO DECEIVE SUCH PERSON;
2. WITHHOLDING, DESTROYING, OR CONFISCATING ANY ACTUAL OR PURPORTED
PASSPORT, IMMIGRATION DOCUMENT, OR ANY OTHER ACTUAL OR PURPORTED
GOVERNMENT IDENTIFICATION DOCUMENT, OF ANOTHER PERSON WITH INTENT TO
IMPAIR SAID PERSON'S FREEDOM OF MOVEMENT; PROVIDED, HOWEVER, THAT THIS
SUBDIVISION SHALL NOT APPLY TO AN ATTEMPT TO CORRECT A SOCIAL SECURITY
ADMINISTRATION RECORD OR IMMIGRATION AGENCY RECORD IN ACCORDANCE WITH
ANY LOCAL, STATE, OR FEDERAL AGENCY REQUIREMENT, WHERE SUCH ATTEMPT IS
NOT MADE FOR THE PURPOSE OF ANY EXPRESS OR IMPLIED THREAT;
3. REMOVING A PERSON SEEKING ASYLUM IN THE UNITED STATES FROM THE
STATE IN WHICH THE ASYLUM APPLICATION OR PROCEEDING HAS BEEN COMMENCED;
4. USING FORCE OR ENGAGING IN ANY SCHEME, PLAN OR PATTERN TO COMPEL OR
INDUCE A PERSON TO BE TRANSPORTED INTO THE STATE BY MEANS OF INSTILLING
A FEAR IN SUCH PERSON THAT, IF THE DEMAND IS NOT COMPLIED WITH, THE
ACTOR OR ANOTHER WILL DO ONE OR MORE OF THE FOLLOWING:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00307-01-3
A. 5852 2
(A) WITHHOLD OR DENY A STATE OR FEDERAL BENEFIT FROM THE PERSON BEING
TRANSPORTED OR AN IMMEDIATE FAMILY MEMBER OF SUCH PERSON; OR
(B) ENGAGE IN OTHER CONDUCT CONSTITUTING A FELONY OR UNLAWFUL IMPRI-
SONMENT IN THE SECOND DEGREE IN VIOLATION OF SECTION 135.05 OF THIS
ARTICLE; OR
(C) ACCUSE OR THREATEN TO ACCUSE THE PERSON BEING TRANSPORTED, OR AN
IMMEDIATE FAMILY MEMBER OF SUCH PERSON, OF A CRIME OR CAUSES CRIMINAL
CHARGES OR DEPORTATION PROCEEDINGS TO BE INSTITUTED AGAINST SUCH PERSON
OR PERSONS; PROVIDED, HOWEVER, THAT IT SHALL BE AN AFFIRMATIVE
DEFENSE TO THIS SUBDIVISION THAT THE DEFENDANT REASONABLY BELIEVED THE
THREATENED CHARGE TO BE TRUE AND THAT HIS OR HER SOLE PURPOSE WAS TO
COMPEL OR INDUCE THE VICTIM TO TAKE REASONABLE ACTION TO MAKE GOOD THE
WRONG WHICH WAS THE SUBJECT OF SUCH THREATENED CHARGE; OR
(D) EXPOSE A SECRET OR PUBLICIZE AN ASSERTED FACT, WHETHER TRUE OR
FALSE, RELATING TO THE IMMIGRATION STATUS OF THE PERSON BEING TRANS-
PORTED OR OF AN IMMEDIATE FAMILY MEMBER OF SUCH PERSON; OR
(E) TESTIFY OR PROVIDE INFORMATION OR WITHHOLD TESTIMONY OR INFORMA-
TION WITH RESPECT TO ANOTHER'S LEGAL CLAIM OR DEFENSE; OR
(F) 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
(G) PERFORM ANY OTHER ACT WHICH WOULD NOT IN ITSELF MATERIALLY BENEFIT
THE ACTOR BUT WHICH IS CALCULATED TO HARM THE PERSON WHO IS TRANSPORTED
WITH RESPECT TO HIS OR HER HEALTH, SAFETY, OR IMMIGRATION STATUS, OR
THAT OF AN IMMEDIATE FAMILY MEMBER.
5. AS USED IN THIS SECTION, "TRANSPORT" INCLUDES COMPELLING OR INDUC-
ING ANOTHER TO ENTER INTO THE STATE VOLUNTARILY.
POLITICAL COERCION IN THE SECOND DEGREE IS A CLASS D FELONY.
§ 135.81 POLITICAL COERCION IN THE FIRST DEGREE.
A PERSON IS GUILTY OF POLITICAL COERCION IN THE FIRST DEGREE WHEN HE
OR SHE COMMITS THE CRIME OF POLITICAL COERCION IN THE SECOND DEGREE, AND
WHEN:
1. HE OR SHE HAS COMMITTED THE CRIME OF POLITICAL COERCION IN THE
SECOND DEGREE WITHIN THE PREVIOUS FIVE YEARS; OR
2. THE VICTIM OF THE CRIME SUFFERS SERIOUS BODILY INJURY OR DEATH
DURING THE TRANSPORT INTO THE STATE.
POLITICAL COERCION IN THE FIRST DEGREE IS A CLASS C FELONY.
§ 135.82 ACCOMPLICE TO POLITICAL COERCION.
1. A PERSON IS GUILTY OF BEING AN ACCOMPLICE TO POLITICAL COERCION
WHEN WITH RESPECT TO A PROSECUTION FOR POLITICAL COERCION IN THE SECOND
DEGREE IN VIOLATION OF SECTION 135.80 OF THIS ARTICLE OR POLITICAL COER-
CION IN THE FIRST DEGREE IN VIOLATION OF SECTION 135.81 OF THIS ARTICLE,
HE OR SHE ADVANCES OR ATTEMPTS TO ADVANCE OR PROFITS OR ATTEMPTS TO
PROFIT FROM THE OFFENSE, FOR FINANCIAL OR NON-FINANCIAL REASONS, REGARD-
LESS OF WHETHER HE OR SHE IS A PUBLIC FIGURE.
2. IN A PROSECUTION FOR POLITICAL COERCION IN THE SECOND DEGREE IN
VIOLATION OF SECTION 135.80 OF THIS ARTICLE OR POLITICAL COERCION IN THE
FIRST DEGREE IN VIOLATION OF SECTION 135.81 OF THIS ARTICLE, A PERSON
WHO HAS BEEN COMPELLED OR INDUCED TO ENTER INTO THE STATE OR WHO IS
TRANSPORTED INTO THE STATE IN VIOLATION OF SAID SECTIONS SHALL NOT BE
DEEMED TO BE AN ACCOMPLICE TO POLITICAL COERCION.
ACCOMPLICE TO POLITICAL COERCION IS A CLASS D FELONY.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law.