What's happening
This bill makes it a class E felony to intentionally throw bodily fluids or waste at a police officer.
Why it matters
Expands criminal liability. This bill makes it a felony not just to throw, but also to attempt to throw or otherwise cause a police officer to come into contact with bodily fluids or waste, even if actual contact does not occur.
Targets intent, not just action. The law applies when someone acts with the intent to harass, annoy, threaten, or alarm a police officer, broadening the scope beyond purely physical harm and including psychological or emotional distress.
Elevates consequences. By categorizing the offense as a class E felony, the bill increases the potential penalties, which could lead to a prison sentence and a felony record, signaling a stronger deterrent and greater legal protection for police officers.
Clarifies who is protected. The bill specifically defines “police officer” by referencing another section of law, ensuring that the law’s protections are clearly limited to recognized law enforcement personnel.
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Who cares
Police officers
The bill would create a class E felony for intentionally harassing, annoying, threatening or alarming an officer by throwing, tossing or expelling specified bodily fluids or toilet-bowl contents at them, including attempted contact.
Prosecutors
The new charge would require proof that the accused knew or reasonably should have known the targeted person was a police officer.
Criminal defense attorneys and defendants
The bill would make attempted contact with the listed materials a felony even when no contact occurs, provided the required intent and knowledge are established.
Headline styles
Ban Police Harassment by Fluids
Plain English, a few words. Used as the page title.
Sponsors
12 Co-sponsors
4 Multi-sponsors
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
953
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
Introduced by M. of A. JONES, COLTON, LAVINE, D'URSO, MONTESANO, BYRNE, RAIA, CROUCH, McDONOUGH, BLANKENBUSH, RIVERA, MIKULIN, PALUMBO -- Multi-Sponsored by -- M. of A. DICKENS, FRIEND, LUPARDO, THIELE -read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to aggravated harassment of 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 240.33 to read as follows: § 240.33 Aggravated harassment of a police officer.
A person is guilty of aggravated harassment of a police officer when, with intent to harass, annoy, threaten or alarm a person whom he or she knows or reasonably should know to be a police officer, he or she causes or attempts to cause such police officer to come into contact with blood, seminal fluid, urine, feces, or the contents of a toilet bowl, by throwing, tossing or expelling such such fluid or material.
The term "police officer" shall mean a police officer as defined in subdivision thirty-four of section 1.20 of the criminal procedure law.
Aggravated harassment of a police officer is a class E felony.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02733-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.