STATE OF NEW YORK ________________________________________________________________________ 8774 IN SENATE March 11, 2024 ___________ Introduced by Sen. OBERACKER -- 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 aggravated harassment in the first degree The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 240.31 of the penal law, as amended by chapter 49 2 of the laws of 2006, the opening paragraph as amended by chapter 8 of 3 the laws of 2019, subdivisions 3 and 4 as amended and subdivision 5 as 4 added by chapter 74 of the laws of 2008, is amended to read as follows: 5 § 240.31 Aggravated harassment in the first degree. 6 A person is guilty of aggravated harassment in the first degree when 7 with intent to harass, annoy, threaten or alarm another person, or to 8 incite violence because of a belief or perception regarding such other 9 person's race, color, national origin, ancestry, gender, gender identity 10 or expression, religion, religious practice, age, disability or sexual 11 orientation, regardless of whether the belief or perception is correct, 12 [he or she] such person: 13 1. Damages premises primarily used for religious purposes, or acquired 14 pursuant to section six of the religious corporation law and maintained 15 for purposes of religious instruction, and the damage to the premises 16 exceeds fifty dollars; or 17 2. Commits the crime of aggravated harassment in the second degree in 18 the manner proscribed by the provisions of subdivision three of section 19 240.30 of this article and has been previously convicted of the crime of 20 aggravated harassment in the second degree for the commission of conduct 21 proscribed by the provisions of subdivision three of section 240.30 or 22 [he or she] such person has been previously convicted of the crime of 23 aggravated harassment in the first degree within the preceding ten 24 years; or 25 3. Etches, paints, draws upon or otherwise places or displays a swast- 26 ika, commonly exhibited as the emblem of Nazi Germany, [on any building 27 or other real property, public or private, owned by any person, firm or 28 corporation or any public agency or instrumentality, without express EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14836-01-4
S. 8774 2 1 permission of the owner or operator of such building or real property] 2 or other symbol associated with or derived from Nazi Germany, in a 3 public location in a manner that is likely to cause another person to 4 feel harassed, annoyed, threatened or alarmed, or to incite violence; or 5 4. Sets on fire a cross in public view; or 6 5. Etches, paints, draws upon or otherwise places or displays a noose, 7 commonly exhibited as a symbol of racism and intimidation, on any build- 8 ing or other real property, public or private, owned by any person, firm 9 or corporation or any public agency or instrumentality, without express 10 permission of the owner or operator of such building or real property. 11 Aggravated harassment in the first degree is a class E felony. 12 § 2. This act shall take effect on the thirtieth day after it shall 13 have become a law.