STATE OF NEW YORK ________________________________________________________________________ 1035 2025-2026 Regular Sessions IN ASSEMBLY January 8, 2025 ___________ Introduced by M. of A. BUTTENSCHON, STERN, EACHUS, MILLER, K. BROWN -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to establishing the crime of making a threat of mass violence The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The penal law is amended by adding two new sections 240.80 2 and 240.81 to read as follows: 3 § 240.80 Making a threat of mass violence in the second degree. 4 A person is guilty of making a threat of mass violence in the second 5 degree when: 6 1. such person, being under the age of eighteen makes a threat of mass 7 violence toward a school, college or university, place of worship, mass 8 gathering of twenty-five people or more, or a business and such threat 9 is made in writing, verbally communicated or expressed through any other 10 means of communication; or 11 2. such person, being eighteen years of age or older, but under the 12 age of twenty-one, makes a threat of mass violence against a school 13 which they currently attend and such threat is made in writing, verbally 14 communicated or expressed through any other means of communication. 15 Making a threat of mass violence in the second degree shall carry a 16 fine of thirty-five thousand dollars and a mandatory sentence of ten 17 days in a detention facility or, in the case of a person over eighteen 18 years of age, one hundred days in a specialized secure detention facili- 19 ty for older youth certified by the office of children and family 20 services in conjunction with the state commission of correction. 21 § 240.81 Making a threat of mass violence in the first degree. 22 A person is guilty of making a threat of mass violence in the first 23 degree when such person makes a threat toward a school, college or 24 university, place of worship, mass gathering of twenty-five people or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02596-01-5
A. 1035 2 1 more, or a business and such threat is made in writing, verbally or 2 expressed through any other means of communication. 3 Making a threat of mass violence in the first degree is a class D 4 felony and shall carry a fine of thirty-five thousand dollars and a 5 sentence of no less than three years. 6 § 2. Paragraph a of subdivision 1 of section 80.00 of the penal law, 7 as amended by section 27 of subpart A of part H of chapter 55 of the 8 laws of 2014, is amended to read as follows: 9 a. [five] thirty-five thousand dollars; or 10 § 3. This act shall take effect November 1, 2025.