New York A 1092: Establishes the crimes of aggravated threat of mass harm in the first degree and aggravated threat of mass harm in the second degree

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A01092 Summary:

BILL NOA01092 

&nbsp

SAME ASSAME AS S04813

&nbsp

SPONSORMagnarelli

&nbsp

COSPNSR

&nbsp

MLTSPNSR

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Ren §240.79 to be §240.80, amd §§240.80 & 485.05, add §240.79, Pen L; amd §530 .13, CP L

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Establishes the crimes of aggravated threat of mass harm in the first degree and aggravated threat of mass harm in the second degree; makes such crimes hate crimes.

Go to top A01092 Actions:

BILL NOA01092 

&nbsp

01/08/2025referred to codes

01/07/2026referred to codes

Go to topA01092 Committee&nbspVotes:

Go to topA01092 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA01092 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1092

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 8, 2025
 ___________

 Introduced by M. of A. MAGNARELLI -- read once and referred to the
 Committee on Codes

 AN ACT to amend the penal law and the criminal procedure law, in
 relation to establishing the crimes of aggravated threat of mass harm
 in the first degree and aggravated threat of mass harm in the second
 degree, and making such crimes hate crimes

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 240.79 of the penal law, as added by chapter 206 of
 2 the laws of 2022, is renumbered section 240.80 and is amended to read as
 3 follows:
 4 § 240.80 Aggravated threat of mass harm in the first degree.
 5 1. A person is guilty of aggravated threat of mass harm in the first
 6 degree when such person engages in conduct as defined in section 240.78
 7 or 240.79 of this article and has made any overt act in furtherance of
 8 the commission of such crime.
 9 2. For purposes of this section, an overt act may include making a
 10 plan to carry out such threat, compiling a list of targets, possession
 11 of any weapon or device that can be used to carry out such threat, or
 12 other preparatory action.
 13 Aggravated threat of mass harm in the first degree is a class [A
 14 misdemeanor] E felony.
 15 § 2. The penal law is amended by adding a new section 240.79 to read
 16 as follows:
 17 § 240.79 Aggravated threat of mass harm in the second degree.
 18 1. A person is guilty of aggravated threat of mass harm in the second
 19 degree when such person engages in conduct as defined in section 240.78
 20 of this article and the threat is made because of a belief or perception
 21 regarding the group's race, color, national origin, ancestry, gender,
 22 gender identity or expression, religion, religious practice, age, disa-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01300-01-5

 A. 1092 2

 1 bility or sexual orientation, regardless of whether the belief or
 2 perception is correct.
 3 2. Proof of race, color, national origin, ancestry, gender, gender
 4 identity or expression, religion, religious practice, age, disability or
 5 sexual orientation of the defendant, the victim or of both the defendant
 6 and the victim does not, by itself, constitute legally sufficient
 7 evidence satisfying the people's burden under subdivision one of this
 8 section.
 9 Aggravated threat of mass harm in the second degree is a class A
 10 misdemeanor.
 11 § 3. Subdivision 3 of section 485.05 of the penal law, as amended by
 12 section 2 of part C of chapter 55 of the laws of 2024, is amended to
 13 read as follows:
 14 3. A "specified offense" is an offense defined by any of the following
 15 provisions of this chapter: section 120.00 (assault in the third
 16 degree); section 120.05 (assault in the second degree); section 120.06
 17 (gang assault in the second degree); section 120.07 (gang assault in the
 18 first degree); section 120.10 (assault in the first degree); section
 19 120.12 (aggravated assault upon a person less than eleven years old);
 20 section 120.13 (menacing in the first degree); section 120.14 (menacing
 21 in the second degree); section 120.15 (menacing in the third degree);
 22 section 120.20 (reckless endangerment in the second degree); section
 23 120.25 (reckless endangerment in the first degree); section 121.11
 24 (criminal obstruction of breathing or blood circulation); section 121.12
 25 (strang