Provides that certain politically motivated activity shall constitute the crime of criminal mischief in the third degree

BILL NUMBER:S2456

Title of bill

An act to amend the penal law, in relation to criminal mischief in the third degree

Purpose

Includes politically motivated damages to property of another person as criminal mischief in the third degree.

Summary of provisions

Expands the crime of criminal mischief in the third degree to include damages to property of another person that exceed two hundred fifty dollars if the intent to commit the activity is politically motivated or if the damage is on behalf of any entity with the purpose of intimidation for political reasons.

Justification

Increasingly, individuals and groups are turning to property damage and vandalism to express their political views or influence others' actions. Besides instilling fear in individuals, these actions can inhibit or slow businesses from conducting lawful activity. Just because someone holds political beliefs that oppose the actions of another, does not mean they can terrorize people to have their message heard. This bill seeks to expand criminal mischief in the third degree to include these politically motivated crimes to ensure those that are coercing others unlawfully are rightly punished for their actions.

Legislative history

2009-10: S.865 2007-08: S.2765

Fiscal implications

None.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.