What's happening
This bill establishes new crimes and penalties for making threats of mass violence, including hefty fines and mandatory detention.
Why it matters
Expands criminal liability to a broader age range. This bill targets not only adults but also minors (under 18) and young adults (18-20), creating separate categories and penalties based on age and the relationship to the threatened institution, emphasizing a zero-tolerance approach regardless of age.
Applies to a wide range of locations and gatherings. The law covers threats made against schools, colleges, universities, places of worship, businesses, and any mass gathering of 25 or more people, aiming to address the broad spectrum of potential public safety threats.
Imposes strict financial and custodial penalties. The mandatory minimum fine of $35,000 (a significant increase from previous maximums) and required detention—even for minors—reflect a legislative intent to deter threats through severe, unavoidable consequences.
Addresses modern communication methods. By specifying that threats made through “any other means of communication” are covered, the bill recognizes the realities of digital and social media, ensuring the law is applicable to online threats as well as traditional ones.
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Who cares
Headline styles
Criminalize Mass Violence Threats
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- 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.
Criminalize Mass Violence Threats
In Assembly Committee · Codes · Sponsor Marianne Buttenschon
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3976
2019-2020 Regular Sessions
IN SENATE
February 22, 2019
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09586-01-9
S. 3976 2
more, or a business and such threat is made in writing, verbally or expressed through any other means of communication.
Making a threat of mass violence in the first degree 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, 2019.
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 administered 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
2018- S. 8312 - Codes Committee.
Fiscal implications
None.
Effective date
The act shall take effect November 1, 2019.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.