What's happening
This bill expands the definition of aggravated harassment to include inciting violence and public display of Nazi symbols intended to harass or alarm.
Why it matters
Broadens legal protections by criminalizing the incitement of violence based on identity factors. (like race, religion, gender, or sexual orientation), making it easier to prosecute those who intentionally provoke hate-based violence.
Expands the scope of hate symbols covered. not just swastikas, but any symbol associated with or derived from Nazi Germany—if publicly displayed in a way likely to harass, alarm, or incite violence. This addresses evolving hate group tactics and new forms of intimidation.
Shifts focus from property to public display and intent. , meaning someone can be charged even if they don’t damage property, as long as their actions are likely to cause fear or incite violence. This could lead to more prosecutions for public hate displays.
Signals a legislative response to rising hate incidents. , aiming to deter both direct harassment and broader acts of intimidation that can create fear in communities targeted by hate groups.
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
Police and district attorneys
The bill would broaden the class E felony of first-degree aggravated harassment to cover public displays of swastikas and other Nazi-associated symbols, subject to the specified intent and likelihood requirements.
Jewish communities and other targets of bias-based harassment
The bill would cover Nazi-symbol displays in public locations likely to cause harassment, annoyance, threats or alarm, or incite violence, when motivated by beliefs about a person's listed personal characteristics.
Property owners and operators
The bill would replace the Nazi-symbol provision's requirement that a symbol be placed on property without express permission with a public-location standard.
People displaying Nazi-associated symbols
The bill would extend beyond swastikas to other symbols associated with or derived from Nazi Germany and add intent to incite violence as a basis for the offense.
Headline styles
Ban Nazi Symbol Harassment
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1119
2025-2026 Regular Sessions
IN SENATE
January 8, 2025
Introduced by Sens. OBERACKER, MATTERA, PALUMBO, RHOADS, ROLISON, WEBER -- 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 aggravated harassment in the first degree
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 240.31 of the penal law, as amended by chapter 49 of the laws of 2006, the opening paragraph as amended by chapter 8 of the laws of 2019, subdivisions 3 and 4 as amended and subdivision 5 as added by chapter 74 of the laws of 2008, is amended to read as follows: § 240.31 Aggravated harassment in the first degree.
A person is guilty of aggravated harassment in the first degree when with intent to harass, annoy, threaten or alarm another person, or to incite violence because of a belief or perception regarding such other person's race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability or sexual orientation, regardless of whether the belief or perception is correct, [he or she] such person:
1. Damages premises primarily used for religious purposes, or acquired pursuant to section six of the religious corporation law and maintained for purposes of religious instruction, and the damage to the premises exceeds fifty dollars; or
2. Commits the crime of aggravated harassment in the second degree in the manner proscribed by the provisions of subdivision three of section 240.30 of this article and has been previously convicted of the crime of aggravated harassment in the second degree for the commission of conduct proscribed by the provisions of subdivision three of section 240.30 or [he or she] such person has been previously convicted of the crime of aggravated harassment in the first degree within the preceding ten years; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03563-01-5
3. Etches, paints, draws upon or otherwise places or displays a swastika, commonly exhibited as the emblem of Nazi Germany, [on any building or other real property, public or private, owned by any person, firm or corporation or any public agency or instrumentality, without express permission of the owner or operator of such building or real property] or other symbol associated with or derived from Nazi Germany, in a public location in a manner that is likely to cause another person to feel harassed, annoyed, threatened or alarmed, or to incite violence; or
4. Sets on fire a cross in public view; or
5. Etches, paints, draws upon or otherwise places or displays a noose, commonly exhibited as a symbol of racism and intimidation, on any building or other real property, public or private, owned by any person, firm or corporation or any public agency or instrumentality, without express permission of the owner or operator of such building or real property.
Aggravated harassment in the first degree is a class E felony.
§ 2. This act shall take effect on the thirtieth day after it shall have become a law.
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 aggravated harassment in the first degree
Purpose
To criminalize harassment, threats, or alarm another person, or inciting violence, because of a belief or perception regarding such person's race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability, or sexual orientation, regardless of whether the belief or perception is correct
Summary of provisions
Amends section 240.31 of the penal law to expand prohibition of harass- ing conduct involving Nazi symbols.
Justification
Alarmingly, the terrorist attack against Israel committed by Hamas on October 7, 2023, has inspired a concerning wave of antisemitism and hate crimes committed against Jewish Americans. In the wake of this attack, groups claiming to oppose Israel's actions have displayed Nazi symbols. This kind of conduct, when done solely for the purpose of harassing, intimidating, or threatening Jewish New Yorkers, must be penalized. This bill seeks to address the increase in hate crimes by expanding what qualifies as criminally harassing conduct when it involves the use of Nazi Germany symbolism targeted at Jewish persons.
Legislative history
S8774 of 2023-2024 - Referred to Committee on Codes
Fiscal implications
None to the State.
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.