What's happening
This bill expands first-degree aggravated harassment to include publicly displaying a swastika for uninvited public viewing.
Why it matters
Targets hate-fueled intimidation. By explicitly including swastika displays, the bill aims to address acts intended to threaten or intimidate communities, especially those historically targeted by Nazi symbolism, such as Jewish and other minority groups.
Closes a legal loophole. The amendment clarifies that overt displays of swastikas in public spaces—whether on billboards, aerial banners, or similar methods—are legally treated as seriously as cross burnings, removing ambiguity in prosecuting hate crimes.
Signals societal intolerance for hate symbols. By elevating public swastika displays to a first-degree aggravated harassment offense, the law reinforces New York’s stance against antisemitism and hate speech, potentially deterring such acts and supporting community safety.
Broadens protection for the public. The bill recognizes the harm caused by “uninvited public viewing” of hate symbols, not just to direct victims but to the broader community, emphasizing the collective impact of public hate-based intimidation.
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Who cares
Headline styles
Ban Public Hate Symbols
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
718
2017-2018 Regular Sessions
IN SENATE
January 4, 2017
Introduced by Sen. KAMINSKY -- 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 aggravated harassment in the first degree
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 4 of section 240.31 of the penal law, as amended by chapter 74 of the laws of 2008, is amended to read as follows:
4. Sets on fire a cross in public view or displays a swastika, commonly exhibited as the emblem of Nazi Germany, on a billboard, aerial display or by a similar method for uninvited public viewing; or
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06841-01-7
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 aggravated harassment in the first degree
Purpose
The purpose of this legislation is to include the display of a swastika on a billboard, aerial display or by a similar method for uninvited public viewing.
Summary of provisions
This legislation will amend Section 240.31(4) of the Penal Law to add that it be prohibited to display a swastika on a billboard, aerial display or by a similar method for uninvited public viewing.
Justification
A banner attached to a plane flew over the ocean on Long island on July 10, 2015 containing a swastika, among other symbols. This incident also occurred in July 2014. The current law states that one cannot "harass, annoy, threaten or alarm another person because of a 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."
It goes on to state that one violates the law when he/she "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."
This legislation would expand on subsection 4 of Section 240.31(4) of the Penal Law, which states that the one violates the law when he/she "Sets on fire a cross in public view", to prohibit the display of a swastika in the air for uninvited public viewing as a form of harassment. Residents occupying public spaces should not be subject to displays of hateful symbols.
This bill will ensure that beachgoers are no longer forced to watch a swastika -- a symbol of hatred and terror- while recreating at our beaches and other public spaces.
Legislative history
S.7547 of 2016 - Codes Committee
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.