Assembly Bill A10819

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10819
 
                           I N  A S S E M B L Y
 
                               April 1, 2026
                                ___________
 
 Introduced by M. of A. NORBER -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend the penal law, in relation to 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, the opening paragraph as amended by  chapter  8  of
 the  laws of 2019, and 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, gender identity or expression, religion, reli-
 gious practice, age, disability or  sexual  orientation,  regardless  of
 whether the belief or perception is correct, [he or she] SUCH PERSON:
   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
 [he or she] SUCH PERSON 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15276-01-6
              

 A. 10819                            2
 
 any  public agency or instrumentality, without express permission of the
 owner or operator of such building or real property; OR
   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[.]; OR
   6.  WEARS,  CARRIES  OR  DISPLAYS  AN EMBLEM, INSIGNIA, LOGO, OR OTHER
 SYMBOL OF A DESIGNATED FOREIGN TERRORIST ORGANIZATION, AS DEFINED  IN  8
 U.S.C. § 1189, IN A PUBLIC PLACE IN A MANNER REASONABLY UNDERSTOOD TO BE
 A THREAT OR ACT OF INTIMIDATION DIRECTED AT A PERSON OR GROUP OF PEOPLE.
   Aggravated harassment in the first degree is a class E felony.
   § 2. This act shall take effect immediately.