What's happening
This bill creates new crimes for making threats of mass harm and aggravated threats of mass harm, with increased penalties for taking steps to carry out such threats.
Why it matters
Expands legal tools for intervention before violence occurs. By criminalizing threats even if the perpetrator lacks intent or ability to carry them out, the law enables law enforcement to act on threats that may cause fear, disruption, or require evacuations and lockdowns, potentially preventing escalation.
Recognizes psychological and community impacts of threats. The bill addresses not just actual violence, but the widespread fear and disruption that threats of mass harm can cause to schools, places of worship, businesses, and other public spaces, acknowledging the broader consequences of such threats.
Differentiates between levels of threat seriousness. By creating an "aggravated" category for those who take concrete steps (like planning, compiling targets, or possessing weapons), the law imposes stricter penalties on individuals who move beyond verbal threats toward actual preparation, reflecting the increased danger they pose.
May raise concerns about free speech and intent. The law states that lack of intent or capability cannot be used as a defense, which could have implications for how courts interpret threatening statements, including those made in jest or without real plans to act, possibly impacting free expression.
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Who cares
School administrators and students
The bill would make threats of injury or death at schools a class A misdemeanor when they cause reasonable fear or expectation of harm, an evacuation or a lockdown.
Religious congregations and business owners
Threats targeting places of worship and businesses would fall under the new crimes when the bill’s conditions are met.
Police and prosecutors
The bill would create a class E felony for qualifying threats accompanied by an overt act, which could include planning, compiling targets or possessing a weapon usable to carry out the threat.
Criminal defense attorneys and defendants
The bill would bar defenses that the defendant lacked intent or capability to carry out the threat or did not communicate it to its subject.
Headline styles
Criminalize Mass Threats
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to veterans, homeland security and military affairs
- Referred to veterans, homeland security and military affairs
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 Harm Threats
In Assembly Committee · Codes · Sponsor Monica P. Wallace
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
86
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sens. KAMINSKY, BROOKS -- read twice and ordered printed, and when printed to be committed to the Committee on Veterans, Homeland Security and Military Affairs
AN ACT to amend the penal law, in relation to establishing the crimes of making a threat of mass harm and aggravated threat of mass harm
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 490.07 and 490.08 to read as follows: § 490.07 Making a threat of mass harm.
A person is guilty of making a threat of mass harm when he or she communicates by any means a threat to inflict, or a threat to cause to be inflicted, physical injury or death at a school, place of worship, business, government building, or other place of assembly such threat causes a reasonable expectation or fear of physical harm or death or causes the evacuation or lockdown of a school, place of worship, business, government building, or other place of assembly. It is no defense to a prosecution for making a threat of mass harm that:
1. the defendant did not have the intent or capability of committing the threatened act; or
2. the threat was not made to a person who was the subject of the threat.
Making a threat of mass harm is a class A misdemeanor. § 490.08 Aggravated threat of mass harm.
A person is guilty of aggravated threat of mass harm when he or she engages in conduct as defined in section 490.07 of this article and has made any overt act in furtherance of the commission of such crime.
For purposes of this section, an overt act may include making a plan to carry out such threat, compiling a list of targets, possession of any
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03458-01-9
S. 86 2
weapon or device that can be used to carry out such threat, or other preparatory action.
Aggravated threat of mass harm is a class E felony.
§ 2. This act shall take effect immediately.
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 crimes of making a threat of mass harm and aggravated threat of mass harm
Purpose
The purpose of this legislation is to define the criterion of what constitutes a threat of mass harm and an aggravated threat of mass harm.
Summary of provisions
Section 1 amends the penal law by adding two new sections, section 490.07 and section 490.08: Section 490.07 defines the crime of making the threat of mass harm when an individual communicates by any means a threat, or a threat to cause to commit, physical injury or death at a school, place of worship, business, government building, or any other place of assembly and said threat causes a lockdown or evacuation of the location. Such a threat cannot be defended to a prosecutor that the defendant did not have the intent or capability of committing the act or the threat was not made to a person who was the subject of the threat. Section 490.08 defines the crime of making an aggravated threat of mass harm when an individual engages in the conduct described in section 490.07 and takes any action in furtherance of the commission of such crime. Overt acts which constitute the furtherance of the threat include making a plan to carry out said threat, making a list of targets, possession of any weapon or device that can be used to carry out such threat, or other preparatory action.
Section 2 is the effective date.
Justification
In 2015, Brian Hulsen was accused of making a terrorist threat against James Vernon Middle School, telling one teacher he would "shoot up the school like Columbine" the day he was fired. In People vs Hulsen, the District Court of Appeals dismissed New York State's case against Mr. Hulsen, citing the threat was not "imminent" because the school had no plan to fire him. At the time of his threat, Mr. Hulsen owned an AR-15 along with other weapons.
In the wake of the shooting at Stoneman Douglas High School, numerous threats have been made at schools across New York State. This legis- lation clearly defines the criminality of those threats. Moreover, this legislation defines the overt actions which constitute the furtherance of the threat. The language addressing actions constituting the further- ance of a threat will create a clear and comprehensive standard for imminence, and provides guidelines for the State when such imminence is present. Under this new legislation, when threats like the one by Mr. Hulsen are made, and there are clear warning signs of danger--like the possession of an AR-15--the State will have the ability to protect its citizenry, including students at school, to the highest degree.
Legislative history
S.8262- 2018
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.