NYS Penal Law
Penal Law
New York State Consolidated Laws
Article 240 - NY Penal Law
OFFENSES AGAINST PUBLIC ORDER
Section |
Offense |
Class |
240.00 |
Offenses against public order; definitions of terms. |
|
240.05 |
Riot in the second degree. |
A MISD |
240.06 |
Riot in the first degree. |
E FELONY |
240.08 |
Inciting to riot. |
A MISD |
240.10 |
Unlawful assembly. |
B MISD |
240.15 |
Criminal anarchy. |
E FELONY |
240.20 |
Disorderly conduct. |
VIOLATION |
240.21 |
Disruption or disturbance of a religious service, funeral, burial or memorial service. |
A MISD |
240.25 |
Harassment in the first degree. |
B MISD |
240.26 |
Harassment in the second degree. |
VIOLATION |
240.30 |
Aggravated harassment in the second degree. |
A MISD |
240.31 |
Aggravated harassment in the first degree. |
E FELONY |
240.32 |
Aggravated harassment of an employee by an inmate. |
E FELONY |
240.35 |
Loitering. |
VIOLATION |
240.36 |
Loitering in the first degree. |
B MISD |
240.37 |
Loitering for the purpose of engaging in a prostitution offense. |
MISD |
240.40 |
Appearance in public under the influence of narcotics or a drug other than alcohol. |
VIOLATION |
240.45 |
Criminal nuisance in the second degree. |
B MISD |
240.46 |
Criminal nuisance in the first degree. |
E FELONY |
240.48 |
Disseminating a false registered sex offender notice. |
A MISD |
240.50 |
Falsely reporting an incident in the third degree. |
A MISD |
240.55 |
Falsely reporting an incident in the second degree. |
E FELONY |
240.60 |
Falsely reporting an incident in the first degree. |
D FELONY |
240.61 |
Placing a false bomb or hazardous substance in the second degree. |
E FELONY |
240.62 |
Placing a false bomb or hazardous substance in the first degree. |
D FELONY |
240.63 |
Placing a false bomb or hazardous substance in a sports stadium or arena, mass transportation facility or enclosed shopping mall. |
D FELONY |
240.65 |
Unlawful prevention of public access to records. |
VIOLATION |
240.70 |
Criminal interference with health care services or religious worship in second degree. |
A MISD |
240.71 |
Criminal interference with health care services or religious worship in first degree. |
E FELONY |
240.72 |
Aggravated interference with health care services in the second degree. |
E FELONY |
240.73 |
Aggravated interference with health care services in the first degree. |
C FELONY |
240.75 |
Aggravated family offense. |
E FELONY |
240.76 |
Directing a laser at an aircraft in the second degree. |
A MISD |
240.77 |
Directing a laser at an aircraft in the first degree. |
E FELONY |
S 240.00 Offenses against public order; definitions of terms.
The following definitions are applicable to this article:
1. "Public place" means a place to which the public or a substantial
group of persons has access, and includes, but is not limited to,
highways, transportation facilities, schools, places of amusement,
parks, playgrounds, and hallways, lobbies and other portions of
apartment houses and hotels not constituting rooms or apartments
designed for actual residence.
2. "Transportation facility" means any conveyance, premises or place
used for or in connection with public passenger transportation, whether
by air, railroad, motor vehicle or any other method. It includes
aircraft, watercraft, railroad cars, buses, school buses as defined in
section one hundred forty-two of the vehicle and traffic law, and air,
boat, railroad and bus terminals and stations and all appurtenances
thereto.
3. "School grounds" means in or on or within any building, structure,
school bus as defined in section one hundred forty-two of the vehicle
and traffic law, athletic playing field, playground or land contained
within the real property boundary line of a public or private
elementary, parochial, intermediate, junior high, vocational or high
school.
4. "Hazardous substance" shall mean any physical, chemical,
microbiological or radiological substance or matter which, because of
its quantity, concentration, or physical, chemical or infectious
characteristics, may cause or significantly contribute to an increase in
mortality or an increase in serious irreversible or incapacitating
reversible illness, or pose a substantial present or potential hazard to
human health.
5. "Age" means sixty years old or more.
6. "Disability" means a physical or mental impairment that
substantially limits a major life activity.
S 240.05 Riot in the second degree.
A person is guilty of riot in the second degree when, simultaneously
with four or more other persons, he engages in tumultuous and violent
conduct and thereby intentionally or recklessly causes or creates a
grave risk of causing public alarm.
Riot in the second degree is a class A misdemeanor.
S 240.06 Riot in the first degree.
A person is guilty of riot in the first degree when he:
1. Simultaneously with ten or more other persons, engages in
tumultuous and violent conduct and thereby intentionally or recklessly
causes or creates a grave risk of causing public alarm, and in the
course of and as a result of such conduct, a person other than one of
the participants suffers physical injury or substantial property damage
occurs; or
2. While in a correctional facility or a local correctional facility,
as those terms are defined in subdivisions four and sixteen,
respectively, of section two of the correction law, simultaneously with
ten or more other persons, engages in tumultuous and violent conduct and
thereby intentionally or recklessly causes or creates a grave risk of
causing alarm within such correctional facility or local correctional
facility and in the course of and as a result of such conduct, a person
other than one of the participants suffers physical injury or
substantial property damage occurs.
Riot in the first degree is a class E felony.
S 240.08 Inciting to riot.
A person is guilty of inciting to riot when he urges ten or more
persons to engage in tumultuous and violent conduct of a kind likely to
create public alarm.
Inciting to riot is a class A misdemeanor.
S 240.10 Unlawful assembly.
A person is guilty of unlawful assembly when he assembles with four or
more other persons for the purpose of engaging or preparing to engage
with them in tumultuous and violent conduct likely to cause public
alarm, or when, being present at an assembly which either has or
develops such purpose, he remains there with intent to advance that
purpose.
Unlawful assembly is a class B misdemeanor.
S 240.15 Criminal anarchy.
A person is guilty of criminal anarchy when (a) he advocates the
overthrow of the existing form of government of this state by violence,
or (b) with knowledge of its contents, he publishes, sells or
distributes any document which advocates such violent overthrow, or (c)
with knowledge of its purpose, he becomes a member of any organization
which advocates such violent overthrow.
Criminal anarchy is a class E felony.
S 240.20 Disorderly conduct.
A person is guilty of disorderly conduct when, with intent to cause
public inconvenience, annoyance or alarm, or recklessly creating a risk
thereof:
1. He engages in fighting or in violent, tumultuous or threatening
behavior; or
2. He makes unreasonable noise; or
3. In a public place, he uses abusive or obscene language, or makes an
obscene gesture; or
4. Without lawful authority, he disturbs any lawful assembly or
meeting of persons; or
5. He obstructs vehicular or pedestrian traffic; or
6. He congregates with other persons in a public place and refuses to
comply with a lawful order of the police to disperse; or
7. He creates a hazardous or physically offensive condition by any act
which serves no legitimate purpose.
Disorderly conduct is a violation.
S 240.21 Disruption, or disturbance of religious service,
funeral, burial or memorial service.
A person is guilty of disruption or disturbance of a religious
service, funeral, burial or memorial service when he or she makes
unreasonable noise or disturbance while at a lawfully assembled
religious service, funeral, burial or memorial service, or within three
hundred feet thereof, with intent to cause annoyance or alarm or
recklessly creating a risk thereof.
Disruption or disturbance of a religious service, funeral, burial or
memorial service is a class A misdemeanor.
S 240.25 Harassment in the first degree.
A person is guilty of harassment in the first degree when he or she
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 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.
Harassment in the first degree is a class B misdemeanor.
S 240.26 Harassment in the second degree.
A person is guilty of harassment in the second degree when, with
intent to harass, annoy or alarm another person:
1. He or she strikes, shoves, kicks or otherwise subjects such other
person to physical contact, or attempts or threatens to do the same; or
2. He or she follows a person in or about a public place or places; or
3. He or she engages in a course of conduct or repeatedly commits acts
which alarm or seriously annoy such other person and which serve no
legitimate purpose.
Subdivisions two and three of this section 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.
Harassment in the second degree is a violation.
S 240.30 Aggravated harassment in the second degree.
A person is guilty of aggravated harassment in the second degree when:
1. With intent to harass another person, the actor either:
(a) communicates, anonymously or otherwise, by telephone, by computer
or any other electronic means, or by mail, or by transmitting or
delivering any other form of communication, a threat to cause physical
harm to, or unlawful harm to the property of, such person, or a member
of such person's same family or household as defined in subdivision one
of section 530.11 of the criminal procedure law, and the actor knows or
reasonably should know that such communication will cause such person to
reasonably fear harm to such person's physical safety or property, or to
the physical safety or property of a member of such person's same family
or household; or
(b) causes a communication to be initiated anonymously or otherwise,
by telephone, by computer or any other electronic means, or by mail, or
by transmitting or delivering any other form of communication, a threat
to cause physical harm to, or unlawful harm to the property of, such
person, a member of such person's same family or household as defined in
subdivision one of section 530.11 of the criminal procedure law, and the
actor knows or reasonably should know that such communication will cause
such person to reasonably fear harm to such person's physical safety or
property, or to the physical safety or property of a member of such
person's same family or household; or
2. With intent to harass or threaten another person, he or she makes a
telephone call, whether or not a conversation ensues, with no purpose of
legitimate communication; or
3. With the intent to harass, annoy, threaten or alarm another person,
he or she strikes, shoves, kicks, or otherwise subjects another person
to physical contact, or attempts or threatens to do the same because of
a belief or perception regarding such person's race, color, national
origin, ancestry, gender, religion, religious practice, age, disability
or sexual orientation, regardless of whether the belief or perception is
correct; or
4. With the intent to harass, annoy, threaten or alarm another person,
he or she strikes, shoves, kicks or otherwise subjects another person to
physical contact thereby causing physical injury to such person or to a
family or household member of such person as defined in section 530.11
of the criminal procedure law; or
5. He or she commits the crime of harassment in the first degree and
has previously been convicted of the crime of harassment in the first
degree as defined by section 240.25 of this article within the preceding
ten years.
Aggravated harassment in the second degree is a class A misdemeanor.
S 240.31 Aggravated harassment in the first degree.
A person is guilty of aggravated harassment in the first degree when
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, religion, religious practice, age, disability
or sexual orientation, regardless of whether the belief or perception is
correct, he or she:
1. 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. 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 commission of conduct
proscribed by the provisions of subdivision three of section 240.30 or
he has been previously convicted of the crime of aggravated harassment
in the first degree within the preceding ten years.
3. 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;
4. Sets on fire a cross in public view; or
5. 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.
Aggravated harassment in the first degree is a class E felony.
S 240.32 Aggravated harassment of an employee by an inmate.
An inmate or respondent is guilty of aggravated harassment of an
employee by an inmate when, with intent to harass, annoy, threaten or
alarm a person in a facility whom he or she knows or reasonably should
know to be an employee of such facility or the board of parole or the
office of mental health, or a probation department, bureau or unit or a
police officer, he or she causes or attempts to cause such employee to
come into contact with blood, seminal fluid, urine or feces, by
throwing, tossing or expelling such fluid or material.
For purposes of this section, "inmate" means an inmate or detainee in
a correctional facility, local correctional facility or a hospital, as
such term is defined in subdivision two of section four hundred of the
correction law. For purposes of this section, "respondent" means a
juvenile in a secure facility operated and maintained by the office of
children and family services who is placed with or committed to the
office of children and family services. For purposes of this section,
"facility" means a correctional facility or local correctional facility,
hospital, as such term is defined in subdivision two of section four
hundred of the correction law, or a secure facility operated and
maintained by the office of children and family services.
Aggravated harassment of an employee by an inmate is a class E felony.
S 240.35 Loitering.
A person is guilty of loitering when he:
2. Loiters or remains in a public place for the purpose of gambling
with cards, dice or other gambling paraphernalia; or
4. Being masked or in any manner disguised by unusual or unnatural
attire or facial alteration, loiters, remains or congregates in a public
place with other persons so masked or disguised, or knowingly permits or
aids persons so masked or disguised to congregate in a public place;
except that such conduct is not unlawful when it occurs in connection
with a masquerade party or like entertainment if, when such
entertainment is held in a city which has promulgated regulations in
connection with such affairs, permission is first obtained from the
police or other appropriate authorities; or
5. Loiters or remains in or about school grounds, a college or
university building or grounds or a children's overnight camp as defined
in section one thousand three hundred ninety-two of the public health
law or a summer day camp as defined in section one thousand three
hundred ninety-two of the public health law, or loiters, remains in or
enters a school bus as defined in section one hundred forty-two of the
vehicle and traffic law, not having any reason or relationship involving
custody of or responsibility for a pupil or student, or any other
specific, legitimate reason for being there, and not having written
permission from anyone authorized to grant the same or loiters or
remains in or about such children's overnight camp or summer day camp in
violation of conspicuously posted rules or regulations governing entry
and use thereof; or
6. Loiters or remains in any transportation facility, unless
specifically authorized to do so, for the purpose of soliciting or
engaging in any business, trade or commercial transactions involving the
sale of merchandise or services, or for the purpose of entertaining
persons by singing, dancing or playing any musical instrument; or
Loitering is a violation.
S 240.36 Loitering in the first degree.
A person is guilty of loitering in the first degree when he loiters or
remains in any place with one or more persons for the purpose of
unlawfully using or possessing a controlled substance, as defined in
section 220.00 of this chapter.
Loitering in the first degree is a class B misdemeanor.
S 240.37 Loitering for the purpose of engaging in a prostitution offense.
1. For the purposes of this section, "public place" means any street,
sidewalk, bridge, alley or alleyway, plaza, park, driveway, parking lot
or transportation facility or the doorways and entrance ways to any
building which fronts on any of the aforesaid places, or a motor vehicle
in or on any such place.
2. Any person who remains or wanders about in a public place and
repeatedly beckons to, or repeatedly stops, or repeatedly attempts to
stop, or repeatedly attempts to engage passers-by in conversation, or
repeatedly stops or attempts to stop motor vehicles, or repeatedly
interferes with the free passage of other persons, for the purpose of
prostitution as that term is defined in article two hundred thirty of
this part, shall be guilty of a violation and is guilty of a class B
misdemeanor if such person has previously been convicted of a violation
of this section or of section 230.00 of this part.
3. Any person who remains or wanders about in a public place and
repeatedly beckons to, or repeatedly stops, or repeatedly attempts to
stop, or repeatedly attempts to engage passers-by in conversation, or
repeatedly stops or attempts to stop motor vehicles, or repeatedly
interferes with the free passage of other persons, for the purpose of
patronizing a person for prostitution as defined in section 230.02 of
this part, shall be guilty of a violation and is guilty of a class B
misdemeanor if such person has previously been convicted of a violation
of this section or of section 230.04, 230.05, 230.06 or 230.08 of this
part.
4. Any person who remains or wanders about in a public place and
repeatedly beckons to, or repeatedly stops, or repeatedly attempts to
stop, or repeatedly attempts to engage passers-by in converstion, or
repeatedly stops or attempts to stop motor vehicles, or repeatedly
interferes with the free passage of other persons, for the purpose of
promoting prostitution as defined in article two hundred thirty of the
penal law is guilty of a class A misdemeanor.
S 240.40 Appearance in public under the influence of narcotics or
a drug other than alcohol.
A person is guilty of appearance in public under the influence of
narcotics or a drug other than alcohol when he appears in a public place
under the influence of narcotics or a drug other than alcohol to the
degree that he may endanger himself or other persons or property, or
annoy persons in his vicinity.
Appearance in public under the influence of narcotics or a drug
other than alcohol is a violation.
S 240.45 Criminal nuisance in the second degree.
A person is guilty of criminal nuisance in the second degree when:
1. By conduct either unlawful in itself or unreasonable under all the
circumstances, he knowingly or recklessly creates or maintains a
condition which endangers the safety or health of a considerable number
of persons; or
2. He knowingly conducts or maintains any premises, place or resort
where persons gather for purposes of engaging in unlawful conduct.
Criminal nuisance in the second degree is a class B misdemeanor.
S 240.46 Criminal nuisance in the first degree.
A person is guilty of criminal nuisance in the first degree when he
knowingly conducts or maintains any premises, place or resort where
persons come or gather for purposes of engaging in the unlawful sale of
controlled substances in violation of section 220.39, 220.41, or 220.43
of this chapter, and thereby derives the benefit from such unlawful
conduct.
Criminal nuisance in the first degree is a class E felony.
S 240.48 Disseminating a false registered sex offender notice.
A person is guilty of disseminating a false registered sex offender
notice when, knowing the information he or she disseminates or causes to
be disseminated to be false or baseless, such person disseminates or
causes to be disseminated any notice which purports to be an official
notice from a government agency or a law enforcement agency and such
notice asserts that an individual is a registered sex offender.
Disseminating a false registered sex offender notice is a
class A misdemeanor.
S 240.50 Falsely reporting an incident in the third degree.
A person is guilty of falsely reporting an incident in the third
degree when, knowing the information reported, conveyed or circulated to
be false or baseless, he or she:
1. Initiates or circulates a false report or warning of an alleged
occurrence or impending occurrence of a crime, catastrophe or emergency
under circumstances in which it is not unlikely that public alarm or
inconvenience will result; or
2. Reports, by word or action, to an official or quasi-official agency
or organization having the function of dealing with emergencies
involving danger to life or property, an alleged occurrence or impending
occurrence of a catastrophe or emergency which did not in fact occur or
does not in fact exist; or
3. Gratuitously reports to a law enforcement officer or agency (a) the
alleged occurrence of an offense or incident which did not in fact
occur; or (b) an allegedly impending occurrence of an offense or
incident which in fact is not about to occur; or (c) false information
relating to an actual offense or incident or to the alleged implication
of some person therein; or
4. Reports, by word or action, an alleged occurrence or condition of
child abuse or maltreatment or abuse or neglect of a vulnerable person
which did not in fact occur or exist to:
(a) the statewide central register of child abuse and maltreatment, as
defined in title six of article six of the social services law or the
vulnerable persons' central register as defined in article eleven of
such law, or
(b) any person required to report cases of suspected child abuse or
maltreatment pursuant to subdivision one of section four hundred
thirteen of the social services law or to report cases of suspected
abuse or neglect of a vulnerable person pursuant to section four hundred
ninety-one of such law, knowing that the person is required to report
such cases, and with the intent that such an alleged occurrence be
reported to the statewide central register or vulnerable persons'
central register.
Falsely reporting an incident in the third degree is a class A misdemeanor.
S 240.55 Falsely reporting an incident in the second degree.
A person is guilty of falsely reporting an incident in the second
degree when, knowing the information reported, conveyed or circulated to
be false or baseless, he or she:
1. Initiates or circulates a false report or warning of an alleged
occurrence or impending occurrence of a fire, explosion, or the release
of a hazardous substance under circumstances in which it is not unlikely
that public alarm or inconvenience will result;
2. Reports, by word or action, to any official or quasi-official
agency or organization having the function of dealing with emergencies
involving danger to life or property, an alleged occurrence or impending
occurrence of a fire, explosion, or the release of a hazardous substance
which did not in fact occur or does not in fact exist; or
3. Knowing the information reported, conveyed or circulated to be
false or baseless and under circumstances in which it is likely public
alarm or inconvenience will result, he or she initiates or circulates a
report or warning of an alleged occurrence or an impending occurrence of
a fire, an explosion, or the release of a hazardous substance upon any
private premises.
Falsely reporting an incident in the second degree is a class E felony.
S 240.60 Falsely reporting an incident in the first degree.
A person is guilty of falsely reporting an incident in the first
degree when he:
1. commits the crime of falsely reporting an incident in the second
degree as defined in section 240.55 of this article, and has previously
been convicted of that crime; or
2. commits the crime of falsely reporting an incident in the third
degree as defined in subdivisions one and two of section 240.50 of this
article or falsely reporting an incident in the second degree as defined
in subdivisions one and two of section 240.55 of this article and
another person who is an employee or member of any official or
quasi-official agency having the function of dealing with emergencies
involving danger to life or property; or who is a volunteer firefighter
with a fire department, fire company, or any unit thereof as defined in
the volunteer firefighters` benefit law; or who is a volunteer ambulance
worker with a volunteer ambulance corporation or any unit thereof as
defined in the volunteer ambulance workers` benefit law suffers serious
physical injury or is killed in the performance of his or her official
duties in traveling to or working at or returning to a firehouse, police
station, quarters or other base facility from the location identified in
such report; or
3. commits the crime of falsely reporting an incident in the third
degree as defined in subdivisions one and two of section 240.50 of this
article or falsely reporting an incident in the second degree as defined
in subdivisions one and two of section 240.55 of this article and
another person suffers serious physical injury or is killed as a result
of any vehicular or other accident involving any emergency vehicle which
is responding to, operating at, or returning from the location
identified in such report.
4. An emergency vehicle as referred to in subdivision three of this
section shall include any vehicle operated by any employee or member of
any official or quasi-official agency having the function of dealing
with emergencies involving danger to life or property and shall include,
but not necessarily be limited to, an emergency vehicle which is
operated by a volunteer firefighter with a fire department, fire
company, or any unit thereof as defined in the volunteer firefighters`
benefit law; or by a volunteer ambulance worker with a volunteer
ambulance corporation, or any unit thereof as defined in the volunteer
ambulance workers` benefit law.
5. Knowing the information reported, conveyed or circulated to be
false or baseless and under circumstances in which it is likely public
alarm or inconvenience will result, he or she initiates or circulates a
report or warning of an alleged occurrence or an impending occurrence of
a fire, an explosion, or the release of a hazardous substance upon
school grounds and it is likely that persons are present on said
grounds.
6. Knowing the information reported, conveyed or circulated to be
false or baseless and under circumstances in which it is likely public
alarm or inconvenience will result, he or she initiates or circulates a
report or warning of an alleged occurrence or impending occurrence of a
fire, explosion or the release of a hazardous substance in or upon a
sports stadium or arena, mass transportation facility, enclosed shopping
mall, any public building or any public place, and it is likely that
persons are present. For purposes of this subdivision, the terms "sports
stadium or arena, mass transportation facility or enclosed shopping
mall" shall have their natural meaning and the term "public building"
shall have the meaning set forth in section four hundred one of the
executive law.
Falsely reporting an incident in the first degree is a class D felony.
S 240.61 Placing a false bomb or hazardous substance in the second degree.
A person is guilty of placing a false bomb or hazardous substance in
the second degree when he or she places, or causes to be placed, any
device or object that by its design, construction, content or
characteristics appears to be or to contain, a bomb, destructive device,
explosive or hazardous substance, but is, in fact, an inoperative
facsimile or imitation of such a bomb, destructive device, explosive or
hazardous substance and which he or she knows, intends or reasonably
believes will appear to be a bomb, destructive device, explosive or
hazardous substance under circumstances in which it is likely to cause
public alarm or inconvenience.
Placing a false bomb or hazardous substance in the second degree is a
class E felony.
S 240.62 Placing a false bomb or hazardous substance in the first degree.
A person is guilty of placing a false bomb or hazardous substance in
the first degree when he or she places, or causes to be placed, in or
upon school grounds, a public building, or a public place any device or
object that by its design, construction, content or characteristics
appears to be or to contain, a bomb, destructive device, explosive or
hazardous substance, but is, in fact, an inoperative facsimile or
imitation of such a bomb, destructive device, explosive or hazardous
substance and which he or she knows, intends or reasonably believes will
appear to be a bomb, destructive device, explosive or hazardous
substance under circumstances in which it is likely to cause public
alarm or inconvenience. For purposes of this section the term "public
building" shall have the meaning set forth in section four hundred one
of the executive law.
Placing a false bomb or hazardous substance in the first degree is a
class D felony.
S 240.63 Placing a false bomb or hazardous substance in a sports stadium
or arena, mass transportation facility or enclosed shopping mall.
A person is guilty of placing a false bomb or hazardous substance in a
sports stadium or arena, mass transportation facility or enclosed
shopping mall when he or she places, or causes to be placed, in a sports
stadium or arena, mass transportation facility or enclosed shopping
mall, in which it is likely that persons are present, any device or
object that by its design, construction, content or characteristics
appears to be or to contain a bomb, destructive device, explosive or
hazardous substance, but is, in fact, an inoperative facsimile or
imitation of such a bomb, destructive device, explosive or hazardous
substance and which he or she knows, intends or reasonably believes will
appear to be a bomb, destructive device, explosive or hazardous
substance under circumstances in which it is likely to cause public
alarm or inconvenience. For purposes of this section, "sports stadium or
arena, mass transportation facility or enclosed shopping mall" shall
have its natural meaning.
Placing a false bomb or hazardous substance in a sports stadium or
arena, mass transportation facility or enclosed shopping mall is a class
D felony.
S 240.65 Unlawful prevention of public access to records.
A person is guilty of unlawful prevention of public access to records
when, with intent to prevent the public inspection of a record pursuant
to article six of the public officers law, he willfully conceals or
destroys any such record.
Unlawful prevention of public access to records is a violation.
S 240.70 Criminal interference with health care services or religious
worship in the second degree.
1. A person is guilty of criminal interference with health services or
religious worship in the second degree when:
(a) by force or threat of force or by physical obstruction, he or she
intentionally injures, intimidates or interferes with, or attempts to
injure, intimidate or interfere with, another person because such other
person was or is obtaining or providing reproductive health services; or
(b) by force or threat of force or by physical obstruction, he or she
intentionally injures, intimidates or interferes with, or attempts to
injure, intimidate or interfere with, another person in order to
discourage such other person or any other person or persons from
obtaining or providing reproductive health services; or
(c) by force or threat of force or by physical obstruction, he or she
intentionally injures, intimidates or interferes with, or attempts to
injure, intimidate or interfere with, another person because such person
was or is seeking to exercise the right of religious freedom at a place
of religious worship; or
(d) he or she intentionally damages the property of a health care
facility, or attempts to do so, because such facility provides
reproductive health services, or intentionally damages the property of a
place of religious worship.
2. A parent or legal guardian of a minor shall not be subject to
prosecution for conduct otherwise prohibited by paragraph (a) or (b) of
subdivision one of this section which is directed exclusively at such
minor.
3. For purposes of this section:
(a) the term "health care facility" means a hospital, clinic,
physician`s office or other facility that provides reproductive health
services, and includes the building or structure in which the facility
is located;
(b) the term "interferes with" means to restrict a person`s freedom of
movement;
(c) the term "intimidates" means to place a person in reasonable
apprehension of physical injury to himself or herself or to another
person;
(d) the term "physical obstruction" means rendering impassable ingress
to or egress from a facility that provides reproductive health services
or to or from a place of religious worship, or rendering passage to or
from such a facility or place of religious worship unreasonably
difficult or hazardous; and
(e) the term "reproductive health services" means health care services
provided in a hospital, clinic, physician`s office or other facility and
includes medical, surgical, counseling or referral services relating to
the human reproductive system, including services relating to pregnancy
or the termination of a pregnancy.
Criminal interference with health care services or religious worship in
the second degree is a class A misdemeanor.
S 240.71 Criminal interference with health care services or religious
worship in the first degree.
A person is guilty of criminal interference with health care services
or religious worship in the first degree when he or she commits the
crime of criminal interference with health care services or religious
worship in the second degree and has been previously convicted of the
crime of criminal interference with health care services or religious
worship in the first or second degree or aggravated interference with
health care services in the first or second degree.
Criminal interference with health care services or religious worship
in the first degree is a class E felony.
S 240.72 Aggravated interference with health care services in
the second degree.
A person is guilty of the crime of aggravated interference with health
care services in the second degree when he or she commits the crime of
criminal interference with health care services or religious worship in
violation of paragraph (a) of subdivision one of section 240.70 of this
article and thereby causes physical injury to such other person who was
obtaining or providing, or was assisting another person to obtain or
provide reproductive health services.
Aggravated interference with health care services in the second degree
is a class E felony.
S 240.73 Aggravated interference with health care services in
the first degree.
A person is guilty of the crime of aggravated interference with health
care services in the first degree when he or she commits the crime of
criminal interference with health care services or religious worship in
violation of paragraph (a) of subdivision one of section 240.70 of this
article and thereby causes serious physical injury to such other person
who was obtaining or providing, or who was assisting another person to
obtain or provide reproductive health services.
Aggravated interference with health care services in the first degree
is a class C felony.
S 240.75Aggravated family offense.
1. A person is guilty of aggravated family offense when he or she
commits a misdemeanor defined in subdivision two of this section as a
specified offense and he or she has been convicted of one or more
specified offenses within the immediately preceding five years. For the
purposes of this subdivision, in calculating the five year period, any
period of time during which the defendant was incarcerated for any
reason between the time of the commission of any of such previous
offenses and the time of commission of the present crime shall be
excluded and such five year period shall be extended by a period or
periods equal to the time served under such incarceration.
2. A "specified offense" is an offense defined in section 120.00
(assault in the third degree); section 120.05 (assault in the second
degree); section 120.10 (assault in the first degree); section 120.13
(menacing in the first degree); section 120.14 (menacing in the second
degree); section 120.15 (menacing in the third degree); section 120.20
(reckless endangerment in the second degree); section 120.25 (reckless
endangerment in the first degree); section 120.45 (stalking in the
fourth degree); section 120.50 (stalking in the third degree); section
120.55 (stalking in the second degree); section 120.60 (stalking in the
first degree); section 121.11 (criminal obstruction of breathing or
blood circulation); section 121.12 (strangulation in the second degree);
section 121.13 (strangulation in the first degree); subdivision one of
section 125.15 (manslaughter in the second degree); subdivision one, two
or four of section 125.20 (manslaughter in the first degree); section
125.25 (murder in the second degree); section 130.20 (sexual
misconduct); section 130.30 (rape in the second degree); section 130.35
(rape in the first degree); section 130.40 (criminal sexual act in the
third degree); section 130.45 (criminal sexual act in the second
degree); section 130.50 (criminal sexual act in the first degree);
section 130.52 (forcible touching); section 130.53 (persistent sexual
abuse); section 130.55 (sexual abuse in the third degree); section
130.60 (sexual abuse in the second degree); section 130.65 (sexual abuse
in the first degree); section 130.66 (aggravated sexual abuse in the
third degree); section 130.67 (aggravated sexual abuse in the second
degree); section 130.70 (aggravated sexual abuse in the first degree);
section 130.91 (sexually motivated felony); section 130.95 (predatory
sexual assault); section 130.96 (predatory sexual assault against a
child); section 135.05 (unlawful imprisonment in the second degree);
section 135.10 (unlawful imprisonment in the first degree); section
135.60 (coercion in the second degree); section 135.65 (coercion in the
first degree); section 140.20 (burglary in the third degree); section
140.25 (burglary in the second degree); section 140.30 (burglary in the
first degree); section 145.00 (criminal mischief in the fourth degree);
section 145.05 (criminal mischief in the third degree); section 145.10
(criminal mischief in the second degree); section 145.12 (criminal
mischief in the first degree); section 145.14 (criminal tampering in the
third degree); section 215.50 (criminal contempt in the second degree);
section 215.51 (criminal contempt in the first degree); section 215.52
(aggravated criminal contempt); section 240.25 (harassment in the first
degree); subdivision one, two or four of section 240.30 (aggravated
harassment in the second degree); aggravated family offense as defined
in this section or any attempt or conspiracy to commit any of the
foregoing offenses where the defendant and the person against whom the
offense was committed were members of the same family or household as
defined in subdivision one of section 530.11 of the criminal procedure
law.
3. The person against whom the current specified offense is committed
may be different from the person against whom the previous specified
offense was committed and such persons do not need to be members of the
same family or household.
Aggravated family offense is a class E felony.
S 240.76 Directing a laser at an aircraft in the second degree.
A person is guilty of directing a laser at an aircraft in the second
degree when, with intent to disrupt safe air travel, he or she directs
the beam of a laser:
1. onto a specific aircraft intending to thereby disrupt or interfere
with such aircraft in the special aircraft jurisdiction of the United
States; or
2. in the immediate vicinity of an aircraft in the special aircraft
jurisdiction of the United States, and:
(a) the calculated or measured beam irradiance on the aircraft, or in
the immediate vicinity of the aircraft, exceeds limits set by the FAA
for the FAA-specified laser flight zone (normal, sensitive, critical, or
laser-free) where the aircraft was located; and (b) a pilot in the
illuminated aircraft files a laser incident report with the FAA.
3. As used in this section:
(a) the term "laser" shall mean any device designed or used to amplify
electromagnetic radiation by stimulated emission that emits a beam; and
(b) the term "FAA" shall mean the Federal Aviation Administration.
4. This section does not prohibit directing a laser beam at an
aircraft, or in the immediate vicinity of an aircraft, by:
(a) an authorized individual in the conduct of research and
development or flight test operations conducted by an aircraft
manufacturer, the FAA, or any other person authorized by the FAA to
conduct such research and development or flight test operations; or
(b) members or elements of the United States department of defense or
the United States department of homeland security acting in an official
capacity for the purpose of research, development, operations, testing
or training; or
(c) an individual in an emergency situation using a laser to attract
the attention of an aircraft for bona fide rescue purposes; or
(d) an individual whose laser operations have been submitted to and
reviewed by the FAA, when:
(i) the FAA has issued a letter not objecting to the laser use; and
(ii) the laser is operated in conformity with the FAA submission.
Directing a laser at an aircraft is a class A misdemeanor.
S 240.77 Directing a laser at an aircraft in the first degree.
A person is guilty of directing a laser at an aircraft in the first
degree when he or she commits the crime of directing a laser at an
aircraft in the second degree in violation of section 240.76 of this
article and thereby causes a significant change of course or other
serious disruption to the safe travel of an aircraft that threatens the
physical safety of the aircraft's passengers or crew.
Directing a laser at an aircraft in the first degree is a class E felony.
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