What's happening
This bill makes it a crime to protest within 25 feet of a house of worship in New York.
Why it matters
Creates a new, specific misdemeanor offense for protesting within 25 feet of any house of worship, including entrances and parking lots, across all of New York State. this directly impacts anyone wishing to demonstrate or hold gatherings near religious sites and could lead to arrests or charges for previously lawful conduct.
Raises penalties for repeat offenders to a felony (class E), meaning anyone previously convicted under this new law faces much harsher consequences. this escalates the seriousness of repeat demonstrations near houses of worship and signals a significant increase in legal risk for activists or protest groups.
Separates protections for religious worship from existing laws that protect access to reproductive health care facilities, making religious sites a distinct legal category. this could change how law enforcement prioritizes or responds to incidents at these locations and underscores a legislative intent to treat interference with religious worship differently from other types of protest or obstruction.
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Who cares
Religious Congregations and Worshippers
This bill directly protects individuals attending religious services and their ability to access houses of worship, making it highly relevant to religious communities and their members.
Civil Liberties and Free Speech Advocates
Organizations and individuals concerned with First Amendment rights and the regulation of protest activities will care about the bill’s restrictions on protests near houses of worship.
Law Enforcement Agencies
Police and prosecutors will need to understand and enforce the new criminal provisions, particularly regarding the 25-foot protest buffer and the new misdemeanor and felony offenses.
- Likely concerns
Advocacy Groups (Protesters and Counter-Protesters)
Groups that organize demonstrations near religious institutions—whether in support of or opposition to religious practices or events—will be specifically impacted by the new buffer zone and criminal liabilities.
Headline styles
Ban Protests Near Churches
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
10359
IN SENATE
May 15, 2026
Introduced by Sen. RHOADS -- 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 prohibiting persons from protesting within twenty-five feet of houses of worship
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 240.80 to read as follows: § 240.80 Criminal interference with religious worship in the second
degree.
1. A person is guilty of criminal interference with religious worship in the second degree when:
(a) by force or threat of force or by physical obstruction, such person intentionally injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with, another person because such person was or is seeking to exercise the right of religious freedom at a place of religious worship; or
(b) such person intentionally damages the property of a place of religious worship; or
(c) such person or persons engages in protest outside a place of religious worship within twenty-five feet of such place to include its parking lot, entrance, driveway or driveway entrance; or
(d) such person or persons prevents the entrance to a place of religious worship or prevents the exit from a place of religious worship.
2. For the purposes of this section:
(a) the term "interferes with" means to restrict a person's freedom of movement; and
(b) the term "intimidates" means to place a person in reasonable apprehension of physical injury to themselves or to another person.
Criminal interference with or religious worship in the second degree is a class A misdemeanor.
§ 2. The penal law is amended by adding a new section 240.81 to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14578-02-6
§ 240.81 Criminal interference with religious worship in the second
degree.
A person is guilty of criminal interference with religious worship in the first degree when such person commits the crime of criminal interference with religious worship in the second degree and has been previously convicted of the crime of criminal interference with religious worship in the first or second degree.
Criminal interference with religious worship in the first degree is a class E felony.
§ 3. Section 240.70 of the penal law, as added by chapter 635 of the laws of 1999, is amended to read as follows: § 240.70 Criminal interference with health care services [or religious
worship] in the second degree.
1. A person is guilty of criminal interference with health services [or religious worship] in the second degree when:
(a) by force or threat of force or by physical obstruction, [he or she] such person intentionally injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with, another person because such other person was or is obtaining or providing reproductive health services; or
(b) by force or threat of force or by physical obstruction, [he or she] such person intentionally injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with, another person in order to discourage such other person or any other person or persons from obtaining or providing reproductive health services; or
(c) [by force or threat of force or by physical obstruction, he or she intentionally injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with, another person because such person was or is seeking to exercise the right of religious freedom at a place of religious worship; or
(d) he or she] such person intentionally damages the property of a health care facility, or attempts to do so, because such facility provides reproductive health services[, or intentionally damages the property of a place of religious worship].
2. A parent or legal guardian of a minor shall not be subject to prosecution for conduct otherwise prohibited by paragraph (a) or (b) of subdivision one of this section which is directed exclusively at such minor.
3. For purposes of this section:
(a) the term "health care facility" means a hospital, clinic, physician's office or other facility that provides reproductive health services, and includes the building or structure in which the facility is located;
(b) the term "interferes with" means to restrict a person's freedom of movement;
(c) the term "intimidates" means to place a person in reasonable apprehension of physical injury to [himself or herself] themselves or to another person;
(d) the term "physical obstruction" means rendering impassable ingress to or egress from a facility that provides reproductive health services [or to or from a place of religious worship,] or rendering passage to or from such a facility [or place of religious worship] unreasonably difficult or hazardous; and
(e) the term "reproductive health services" means health care services provided in a hospital, clinic, physician's office or other facility and includes medical, surgical, counseling or referral services relating to the human reproductive system, including services relating to pregnancy or the termination of a pregnancy.
Criminal interference with health care services [or religious worship] in the second degree is a class A misdemeanor.
§ 4. Section 240.71 of the penal law, as amended by chapter 493 of the laws of 2009, is amended to read as follows: § 240.71 Criminal interference with health care services [or religious
worship] in the first degree.
A person is guilty of criminal interference with health care services [or religious worship] in the first degree when [he or she] such person commits the crime of criminal interference with health care services [or religious worship] in the second degree and has been previously convicted of the crime of criminal interference with health care services [or religious worship] in the first or second degree or aggravated interference with health care services in the first or second degree.
Criminal interference with health care services [or religious worship] in the first degree is a class E felony.
§ 5. 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 prohibiting persons from protesting within twenty-five feet of houses of worship
Purpose
Prohibits people from engaging in protests outside a place of religious worship.
Summary of provisions
Section 1. The penal law is amended by adding new section 240.80 to read as follows: 240.80 criminal interference with religious worship in the second degree.
§ 2. The penal law is amended by adding a new section 240.81 to read as defined in the bill.
§ 3. Section 240.70 of the penal law, as added by chapter 635 of the laws of 1999 as amened in the bill.
§ 4. Section 240.71 of the penal law is amended by chapter 493 of the laws of 2009 as defined in the bill.
§ 5. This act shall take effect immediately.
Justification
Adopted as part of the Bill of Rights in 1791, the First Amendment to the United States Constitution prohibits the Congress from the estab- lishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
In the aftermath of the October 7, 2023, terrorist attack on Israel, incidents of antisemitism have dramatically increased, including numer- ous instances of protests at houses of worship where worshipers have been subjected to harassment, intimidation, threats of violence and interference with religious services across the country, inhibiting their right to worship. This, however, is not isolated to a single reli- gion or house of worship. The First Amendment does not distinguish or rank the importance of the individual rights enumerated within it. When those individual rights are in conflict, therefore, it is necessary to ensure the free exercise of each of those rights.
This legislation strikes the appropriate balance of protecting the rights of people to assemble and speak freely while not infringing the right to assemble in the free exercise of one's religious faith by creating a buffer zone of twenty-five feet surrounding a place of reli- gious worship including building entrances, parking lot entrances, driveways or driveway entrances.
The legislation adds two sections to the New York State Penal Law, Section 240.80, establishing the crime of criminal interference with religious worship in the second degree whereby through force or threat of force, injures, intimidates or interferes with a person seeking to exercise their religious freedom at a house of worship; intentionally damages the property of a place of religious worship; engages in protest within twenty-five feet of a house of worship or prevents the entrance or exit from a place of religious worship. This is a Class A misdemea- nor.
The second is Section 240.81, which establishes the crime of criminal interference with religious worship in the second degree where such person commits the crime of criminal interference with religious worship in the second degree under Penal Law Section 240.80 and has previously been convicted of that crime. This would be a Class E felony.
Legislative history
New bill.
Fiscal implications
None.
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.