What's happening
This bill creates new crimes for making threats of mass violence, imposing mandatory fines and detention or prison sentences.
Why it matters
Significantly increases penalties for threats. The bill imposes a mandatory $35,000 fine and minimum detention or prison sentences for making threats of mass violence, signaling a major escalation in how such threats are treated compared to many current laws.
Targets both minors and young adults. By creating separate provisions for individuals under 18 and those 18-21 who threaten their own schools, the bill addresses the reality that many threats originate from younger people, and ensures they also face serious consequences.
Covers a wide range of venues and communication methods. The law applies to threats made against schools, colleges, places of worship, mass gatherings (25+ people), and businesses, and includes threats made in writing, verbally, or by any means—broadening the scope to address digital and social media threats.
Classifies threats as serious felonies. By making first-degree threats a class D felony with a minimum three-year prison sentence, the bill treats such acts similarly to other major crimes, potentially deterring would-be offenders but also raising questions about proportionality and the impact on youth.
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Who cares
Headline styles
Make Mass Violence Threats Illegal
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8312
IN SENATE
April 30, 2018
Introduced by Sen. GRIFFO -- 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 establishing the crime of making a threat of mass violence
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 two new sections 240.78 and 240.79 to read as follows: § 240.78 Making a threat of mass violence in the second degree.
A person is guilty of making a threat of mass violence in the second degree when:
1. such person, being under the age of eighteen makes a threat of mass violence toward a school, college or university, place of worship, mass gathering of twenty-five people or more, or a business and such threat is made in writing, verbally communicated or expressed through any other means of communication; or
2. such person, being eighteen years of age or older, but under the age of twenty-one, makes a threat of mass violence against a school which they currently attend and such threat is made in writing, verbally communicated or expressed through any other means of communication.
Making a threat of mass violence in the second degree shall carry a fine of thirty-five thousand dollars and a mandatory sentence of ten days in a detention facility or, in the case of a person over eighteen years of age, one hundred days in a specialized secure detention facility for older youth certified by the office of children and family services in conjunction with the state commission of correction. § 240.79 Making a threat of mass violence in the first degree.
A person is guilty of making a threat of mass violence in the first degree when such person makes a threat toward a school, college or university, place of worship, mass gathering of twenty-five people or more, or a business and such threat is made in writing, verbally or expressed through any other means of communication.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15168-03-8
S. 8312 2
Making a threat of mass violence is a class D felony and shall carry a fine of thirty-five thousand dollars and a sentence of no less than three years.
§ 2. Paragraph a of subdivision 1 of section 80.00 of the penal law, as amended by section 27 of subpart A of part H of chapter 55 of the laws of 2014, is amended to read as follows:
a. [five] thirty-five thousand dollars; or
§ 3. This act shall take effect November 1, 2018.
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 estab- lishing the crime of making a threat of mass violence
Purpose
The purpose of this legislation is to criminalize threats of mass violence against schools, colleges and universities, places of worship, businesses and mass gatherings.
Summary of provisions
The bill establishes a new crime of making a threat of mass violence. Making a threat of mass violence in the second degree applies to indi- viduals under the age of 18 and carries a fine of $35,000 and a mandato- ry sentence of ten days in a juvenile detention facility. Individuals over the age of 18 who make a threat of mass violence against the school which they are attending shall be charged with the same crime and admin- istered the same punishment as an individual under the age of 18.
Making a threat of mass violence in the first degree will be considered a class D felony and will apply to anyone 18 years of age or older. The punishment for this crime is a $35,000 fine and a sentence of no less than three years in prison.
Justification
There has been a recent spate of threats of mass violence made in vari- ous communities throughout the state. These threats have resulted in widespread fear and disruption, and come at significant cost to the communities in which the threats are made. The consequences of such threats, currently, are minor. Anyone who does this needs to understand that there are real consequences for such actions. This bill will ensure that individuals making these threats are punished accordingly.
Legislative history
New Bill.
Effective date
The act shall take effect November 1, 2018.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.