S T A T E O F N E W Y O R K
________________________________________________________________________
6926
2025-2026 Regular Sessions
I N A S S E M B L Y
March 18, 2025
___________
Introduced by M. of A. MOLITOR -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the penal law and the executive law, in relation to
including nonconsensual use of bodily fluids and matter in harassment
in the first degree and aggravated harassment in the first degree and
including strikes, shoves and kicks in 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 240.25 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] 1. SUCH PERSON 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] SUBDIVISION 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; OR
2. SUCH PERSON KNOWINGLY THROWS, TOSSES, SPITS, WIPES, EXPELS OR
TRANSFERS ONTO ANOTHER PERSON, WITHOUT SUCH OTHER PERSON'S CONSENT,
HUMAN OR ANIMAL BODILY FLUIDS OR MATTER, SUCH AS, BUT NOT LIMITED TO,
URINE, BLOOD, SALIVA, PHLEGM, SEMINAL FLUID, OR FECES, OR THE CONTENTS
OF A TOILET BOWL.
Harassment in the first degree is a class B misdemeanor.
§ 2. 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, 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09576-02-5
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A person is guilty of aggravated harassment in the first degree when
[with]:
1. 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, reli-
gion, religious practice, age, disability or sexual orientation, regard-
less of whether the belief or perception is correct, [he or she] SUCH
PERSON:
[1.] (A) 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.] (B) 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 commis-
sion 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.] (C) 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;
OR
[4.] (D) Sets on fire a cross in public view; or
[5.] (E) Etches, paints, draws upon or otherwise places or displays a
noose, commonly exhibited as a symbol of racism and intimidation, 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; OR
2. WITH INTENT TO PREVENT A PEACE OFFICER, A POLICE OFFICER, PROSECU-
TOR AS DEFINED IN SUBDIVISION THIRTY-ONE OF SECTION 1.20 OF THE CRIMINAL
PROCEDURE LAW, REGISTERED NURSE, LICENSED PRACTICAL NURSE, PUBLIC HEALTH
SANITARIAN, NEW YORK CITY PUBLIC HEALTH SANITARIAN, SANITATION ENFORCE-
MENT AGENT, NEW YORK CITY SANITATION WORKER, A FIREFIGHTER, INCLUDING A
FIREFIGHTER ACTING AS A PARAMEDIC OR EMERGENCY MEDICAL TECHNICIAN ADMIN-
ISTERING FIRST AID IN THE COURSE OF PERFORMANCE OF DUTY AS SUCH FIRE-
FIGHTER, AN EMERGENCY MEDICAL SERVICE PARAMEDIC OR EMERGENCY MEDICAL
SERVICE TECHNICIAN, OR MEDICAL OR RELATED PERSONNEL IN A HOSPITAL EMER-
GENCY DEPARTMENT, A CITY MARSHAL, A SCHOOL CROSSING GUARD APPOINTED
PURSUANT TO SECTION TWO HUNDRED EIGHT-A OF THE GENERAL MUNICIPAL LAW, A
TRAFFIC ENFORCEMENT OFFICER, TRAFFIC ENFORCEMENT AGENT OR EMPLOYEE OF
ANY ENTITY GOVERNED BY THE PUBLIC SERVICE LAW IN THE COURSE OF PERFORM-
ING AN ESSENTIAL SERVICE, FROM PERFORMING A LAWFUL DUTY, SUCH PERSON:
(A) STRIKES, SHOVES, KICKS OR OTHERWISE SUBJECTS SUCH PEACE OFFICER,
POLICE OFFICER, PROSECUTOR AS DEFINED IN SUBDIVISION THIRTY-ONE OF
SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, REGISTERED NURSE, LICENSED
PRACTICAL NURSE, PUBLIC HEALTH SANITARIAN, NEW YORK CITY PUBLIC HEALTH
SANITARIAN, SANITATION ENFORCEMENT AGENT, NEW YORK CITY SANITATION WORK-
ER, FIREFIGHTER, PARAMEDIC, TECHNICIAN OR MEDICAL OR RELATED PERSONNEL
IN A HOSPITAL EMERGENCY DEPARTMENT, CITY MARSHAL, SCHOOL CROSSING GUARD,
TRAFFIC ENFORCEMENT OFFICER, TRAFFIC ENFORCEMENT AGENT OR EMPLOYEE OF AN
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ENTITY GOVERNED BY THE PUBLIC SERVICE LAW TO PHYSICAL CONTACT, OR
ATTEMPTS OR THREATENS TO DO THE SAME; OR
(B) THROWS, TOSSES, SPITS, WIPES, EXPELS OR TRANSFERS ONTO SUCH PEACE
OFFICER, POLICE OFFICER, PROSECUTOR AS DEFINED IN SUBDIVISION THIRTY-ONE
OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW, REGISTERED NURSE,
LICENSED PRACTICAL NURSE, PUBLIC HEALTH SANITARIAN, NEW YORK CITY PUBLIC
HEALTH SANITARIAN, SANITATION ENFORCEMENT AGENT, NEW YORK CITY SANITA-
TION WORKER, FIREFIGHTER, PARAMEDIC, TECHNICIAN OR MEDICAL OR RELATED
PERSONNEL IN A HOSPITAL EMERGENCY DEPARTMENT, CITY MARSHAL, SCHOOL
CROSSING GUARD, TRAFFIC ENFORCEMENT OFFICER, TRAFFIC ENFORCEMENT AGENT
OR EMPLOYEE OF AN ENTITY GOVERNED BY THE PUBLIC SERVICE LAW, WITHOUT
THEIR CONSENT, HUMAN OR ANIMAL BODILY FLUIDS OR MATTER, SUCH AS, BUT NOT
LIMITED TO, URINE, BLOOD, SALIVA, PHLEGM, SEMINAL FLUID, OR FECES, OR
THE CONTENTS OF A TOILET BOWL.
Aggravated harassment in the first degree is a class E felony.
§ 3. Subdivision 5 of section 621 of the executive law, as amended by
chapter 189 of the laws of 2018, is amended to read as follows:
5. "Victim" shall mean (a) a person who suffers personal physical
injury as a direct result of a crime; (b) a person who is the victim of
either the crime of (1) unlawful imprisonment in the first degree as
defined in section 135.10 of the penal law, (2) kidnapping in the second
degree as defined in section 135.20 of the penal law, (3) kidnapping in
the first degree as defined in section 135.25 of the penal law, (4)
menacing in the first degree as defined in section 120.13 of the penal
law, (5) criminal obstruction of breathing or blood circulation as
defined in section 121.11 of the penal law, (6) harassment in the second
degree as defined in section 240.26 of the penal law, (7) harassment in
the first degree as defined in section 240.25 of the penal law, (8)
aggravated harassment in the second degree as defined in subdivision
three or five of section 240.30 of the penal law, (9) aggravated harass-
ment in the first degree as defined in PARAGRAPH (B) OF subdivision
[two] ONE of section 240.31 of the penal law, (10) criminal contempt in
the first degree as defined in subdivision (b) or subdivision (c) of
section 215.51 of the penal law, (11) stalking in the fourth, third,
second or first degree as defined in sections 120.45, 120.50, 120.55 and
120.60 of the penal law, (12) labor trafficking as defined in section
135.35 of the penal law, (13) sex trafficking as defined in section
230.34 of the penal law; or (14) sex trafficking of a child as defined
in section 230.34-a of the penal law; a vulnerable elderly person or an
incompetent or physically disabled person as defined in section 260.31
of the penal law who incurs a loss of savings as defined in subdivision
twenty-four of this section; or a person who has had a frivolous lawsuit
filed against them.
§ 4. Subdivision 12 of section 631 of the executive law, as amended by
chapter 239 of the laws of 2022, is amended to read as follows:
12. Notwithstanding the provisions of subdivisions one, two and three
of this section, an individual who was a victim of either the crime of
menacing in the second degree as defined in subdivision two or three of
section 120.14 of the penal law, menacing in the first degree as defined
in section 120.13 of the penal law, criminal obstruction of breathing or
blood circulation as defined in section 121.11 of the penal law, harass-
ment in the second degree as defined in section 240.26 of the penal law,
harassment in the first degree as defined in section 240.25 of the penal
law, aggravated harassment in the second degree as defined in subdivi-
sion three or five of section 240.30 of the penal law, aggravated
harassment in the first degree as defined in PARAGRAPH (B) OF subdivi-
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sion [two] ONE of section 240.31 of the penal law, criminal contempt in
the first degree as defined in subdivision (b) or subdivision (c) of
section 215.51 of the penal law, or stalking in the fourth, third,
second or first degree as defined in sections 120.45, 120.50, 120.55 and
120.60 of the penal law, respectively, or unlawful dissemination or
publication of an intimate image as defined in section 245.15 of the
penal law, or dissemination of an unlawful surveillance image in the
second or first degree as defined in sections 250.55 and 250.60 of the
penal law, respectively, or a hate crime as defined in section 485.05 of
the penal law who has not been physically injured as a direct result of
such crime shall only be eligible for an award that includes loss of
earning or support, the unreimbursed cost of repair or replacement of
essential personal property that has been lost, damaged or destroyed as
a direct result of such crime, the unreimbursed cost for security
devices to enhance the personal protection of such victim, the cost of
residing at or utilizing services provided by shelters for battered
spouses and children as provided in subdivision one of section six
hundred twenty-six of this article, transportation expenses incurred for
necessary court appearances in connection with the prosecution of such
crime, the unreimbursed costs of counseling provided to such victim on
account of mental or emotional stress resulting from the incident in
which the crime occurred, the unreimbursed cost of crime scene cleanup
and securing a crime scene, reasonable relocation expenses, and for
occupational or job training. For purposes of this subdivision, "neces-
sary court appearances" shall include, but not be limited to, any part
of trial from arraignment through sentencing, pre and post trial hear-
ings and grand jury hearings.
§ 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law. Effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.