Provides for etching, painting, drawing or otherwise making a hangman's noose on property without permission of the owner a class E felony

Title of bill

An act to amend the penal law, in relation to aggravated harassment in the first degree

Purpose

To increase the penalties for using a noose with the intent to harass, annoy, threaten or alarm another person.

Summary of provisions

Amends Section 240.31 of the penal law by amending subdivision 3.

Justification

There have been several recent documented incidents of nooses around the United States including the "Jena 6 "case, in Louisana and two right here in New York -- At present if a person merely hangs a noose on someone's door or property they cannot be charged with a crime. Because of our nation's history, those within the African American culture have considered the noose as a symbol of both hate and intimidation and a way of threatening and terrorizing those of African American decent.

As with the response to past incidents involving swastikas and burning crosses, the Legislature amended the Penal Law to make the use of those symbols a crime when used with the intent to harass, annoy, intimidate or otherwise threaten another individual. This legislation makes it clear that employing a symbol of hate such as a hangman's noose also will not be allowed making such an act a class E felony under New York State's aggravated harassment statute.

Legislative history

S.6511 2007-08 10/19/07 REFERRED TO RULES 01/09/08 REFERRED TO CODES

Fiscal implications

None.

Effective date

Immediately.