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

BILL NUMBER:S2725

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 amend- ing 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 intim- idation and a way of threatening and terrorizing those of African Ameri- can 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.710 (2010) Referred to Codes S.6511 2007-08 10/19/07Referred to Rules 01/09/08Referred to Codes S.3621 (2011-2012) 02/28/11Referred to Codes 01/04/12Referred to Codes

Fiscal implications

None.

Effective date

Immediately.