What's happening
This bill makes it a class D felony to incite violence against active duty military or reserve members in New York.
Why it matters
Expands legal protections for military personnel. by specifically making it a felony to incite violence against active duty or reserve members, which may deter targeted threats or harassment against these individuals.
Targets speech with intent and likelihood of causing imminent violence,. requiring both that the person intends to incite violence and that their advocacy is likely to actually produce such violence—raising important questions about where the line is drawn between protected speech and criminal incitement.
Introduces a new class D felony,. which can carry significant penalties (such as prison time), signaling the state’s intent to treat threats against military members as a serious public safety and security concern.
Could impact public discourse and protests,. as the law may affect how people express opposition to military actions or personnel, potentially chilling speech if interpreted broadly or enforced aggressively.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Ban Inciting Military Violence
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 3
History
- Referred to codes
- Delivered to assembly
- Passed senateVote 58–4
- Advanced to third reading
- 2nd report cal.
- 1st report cal.818
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 57–5
Show 4 earlier actions
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1022
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Inciting Violence Against Troops
In Assembly Committee · Codes · Sponsor Michael DenDekker
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
927
2017-2018 Regular Sessions
IN SENATE
January 5, 2017
Introduced by Sens. CROCI, SEWARD -- 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 an active duty member of the military or the reserves
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 an active duty member of the military
or the reserves.
A person is guilty of inciting violence against an active duty member of the military or the reserves when, with the intention of inciting or producing imminent violence against an active duty member of the New York guard, New York Naval militia, the United States army, navy, air force, marines, coast guard, army national guard, air national guard and/or the reserves thereof, he or she advocates violence against one or more such persons that is likely to incite or produce such violence.
Inciting violence against an active duty member of the military or the reserves 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.
LBD01743-01-7
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 an active duty member of the military or the reserves
Purpose
Establishes a class D felony for the crime of inciting violence against an active duty member of the military or reserves.
Summary of provisions
Section 1. The penal law is amended by adding new section 240.12, establishing the crime of inciting violence against a member of the military or reserves.
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 country. Members of the military and reserves have become targets for violent offenders and we must act to curb this trend with the proper classification of the crimes committed.
Legislative history
S6904 of 2015/16: Passed in the Senate
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.