What's happening
This bill creates a new crime making it a class D felony to intentionally incite violence against a police officer.
Why it matters
Expands criminal liability for speech. This law makes it a felony to intentionally advocate violence against police officers in a way likely to result in imminent violence, potentially impacting free speech rights and protest activities.
Significant legal consequences. Charging this as a class D felony means those convicted could face substantial prison time (up to 7 years in New York), signaling a serious escalation in legal response to threats or incitement involving law enforcement.
Raises standards and challenges for prosecution. Prosecutors must prove both intent and likelihood that the speech would produce imminent violence, which could lead to contentious legal debates about what constitutes “incitement” and how it is distinguished from protected rhetorical or political speech.
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Who cares
Headline styles
Ban Inciting Police Violence
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
- Delivered to assembly
- Passed senateVote 50–13
- Advanced to third reading
- 2nd report cal.
- 1st report cal.707
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 51–12
Show 3 earlier actions
- Ordered to third reading cal.1427
- Committee discharged and committed to rules
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2566
2017-2018 Regular Sessions
IN SENATE
January 13, 2017
Introduced by Sen. HELMING -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to inciting violence against a police officer
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The penal law is amended by adding a new section 240.12 to read as follows: § 240.12 Inciting violence against a police officer.
A person is guilty of inciting violence against a police officer when, with the intention of inciting or producing imminent violence against a police officer, he or she advocates violence against one or more police officers that is likely to incite or produce such violence.
Inciting violence against a police officer is a class D felony.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07426-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to inciting violence against a police officer
Purpose
Establishes a class D felony for the crime of inciting violence against a police officer.
Summary of provisions
Section 1. The penal law is amended by adding new section 240.12, establishing the crime of inciting violence against a police officer.
Section 2. This act shall take effect on the ninetieth day after it shall have become law.
Justification
This legislation aims to protect and prevent crimes against those who have made a career out of protecting the citizens of this state. In recent months we have seen a surge in violent crimes committed against on-duty police officers. Members of local policing communities have become targets for violent offenders and we must act to curb this trend with the proper classification of the crimes committed.
Legislative history
S.5598 of 2015/2016
Fiscal implications
None.
Effective date
This act shall take effect on the ninetieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.