S T A T E O F N E W Y O R K
________________________________________________________________________
2105
2011-2012 Regular Sessions
I N S E N A T E
January 18, 2011
___________
Introduced by Sen. KRUGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to increasing the criminal
penalties for bomb threats
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 1 of section 240.30 of the penal law, as
2 amended by chapter 510 of the laws of 2008, is amended to read as
3 follows:
4 1. [Either] EXCEPT AS PROVIDED IN SUBDIVISIONS TWO AND THREE OF
5 SECTION 240.31 OF THIS ARTICLE, EITHER (a) communicates with a person,
6 anonymously or otherwise, by telephone, by telegraph, or by mail, or by
7 transmitting or delivering any other form of written communication, in a
8 manner likely to cause annoyance or alarm; or
9 (b) causes a communication to be initiated by mechanical or electronic
10 means or otherwise with a person, anonymously or otherwise, by tele-
11 phone, by telegraph, or by mail, or by transmitting or delivering any
12 other form of written communication, in a manner likely to cause annoy-
13 ance or alarm; or
14 S 2. Section 240.31 of the penal law, as amended by chapter 49 of the
15 laws of 2006 and subdivisions 3 and 4 as amended and subdivision 5 as
16 added by chapter 74 of the laws of 2008, is amended to read as follows:
17 S 240.31 Aggravated harassment in the first degree.
18 A person is guilty of aggravated harassment in the first degree when
19 with intent to harass, annoy, threaten or alarm another person, because
20 of a belief or perception regarding such person's race, color, national
21 origin, ancestry, gender, religion, religious practice, age, disability
22 or sexual orientation, regardless of whether the belief or perception is
23 correct, he or she:
24 1. COMMUNICATES A BOMB THREAT, OR CAUSES A COMMUNICATION OF A BOMB
25 THREAT TO BE INITIATED BY MECHANICAL OR ELECTRONIC MEANS OR OTHERWISE,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06392-01-1
S. 2105 2
1 WITH A PERSON, ANONYMOUSLY OR OTHERWISE, BY TELEPHONE, OR BY TELEGRAPH,
2 MAIL OR ANY OTHER FORM OF WRITTEN COMMUNICATION, IN A MANNER LIKELY TO
3 CAUSE ANNOYANCE OR ALARM; OR
4 2. Damages premises primarily used for religious purposes, or acquired
5 pursuant to section six of the religious corporation law and maintained
6 for purposes of religious instruction, and the damage to the premises
7 exceeds fifty dollars; or
8 [2.] 3. Commits the crime of aggravated harassment in the second
9 degree in the manner proscribed by the provisions of subdivision three
10 of section 240.30 of this article and has been previously convicted of
11 the crime of aggravated harassment in the second degree for the commis-
12 sion of conduct proscribed by the provisions of subdivision three of
13 section 240.30 or he or she has been previously convicted of the crime
14 of aggravated harassment in the first degree within the preceding ten
15 years; or
16 [3.] 4. Etches, paints, draws upon or otherwise places a swastika,
17 commonly exhibited as the emblem of Nazi Germany, on any building or
18 other real property, public or private, owned by any person, firm or
19 corporation or any public agency or instrumentality, without express
20 permission of the owner or operator of such building or real property;
21 [4.] 5. Sets on fire a cross in public view; or
22 [5.] 6. Etches, paints, draws upon or otherwise places or displays a
23 noose, commonly exhibited as a symbol of racism and intimidation, on any
24 building or other real property, public or private, owned by any person,
25 firm or corporation or any public agency or instrumentality, without
26 express permission of the owner or operator of such building or real
27 property.
28 Aggravated harassment in the first degree is a class E felony.
29 S 3. This act shall take effect on the first of November next succeed-
30 ing the date on which it shall have become a law.