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Article 240 - NY Penal Law

• NY Laws ›
• Penal Law ›
• Part 3 ›
• Title N ›
• Article 240

S 240.00 Offenses against public order; definitions of terms.
  The following definitions are applicable to this article:
  1. "Public place" means a place to which the public or a substantial
group of persons has access, and includes, but is not limited to,
highways, transportation facilities, schools, places of amusement,
parks, playgrounds, and hallways, lobbies and other portions of
apartment houses and hotels not constituting rooms or apartments
designed for actual residence.
  2. "Transportation facility" means any conveyance, premises or place
used for or in connection with public passenger transportation, whether
by air, railroad, motor vehicle or any other method. It includes
aircraft, watercraft, railroad cars, buses, school buses as defined in
section one hundred forty-two of the vehicle and traffic law, and air,
boat, railroad and bus terminals and stations and all appurtenances
thereto.
  3. "School grounds" means in or on or within any building, structure,
school bus as defined in section one hundred forty-two of the vehicle
and traffic law, athletic playing field, playground or land contained
within the real property boundary line of a public or private
elementary, parochial, intermediate, junior high, vocational or high
school.
  4. "Hazardous substance" shall mean any physical, chemical,
microbiological or radiological substance or matter which, because of
its quantity, concentration, or physical, chemical or infectious
characteristics, may cause or significantly contribute to an increase in
mortality or an increase in serious irreversible or incapacitating
reversible illness, or pose a substantial present or potential hazard to
human health.
  5. "Age" means sixty years old or more.
  6. "Disability" means a physical or mental impairment that
substantially limits a major life activity.

S 240.05 Riot in the second degree.
  A person is guilty of riot in the second degree when, simultaneously
with four or more other persons, he engages in tumultuous and violent
conduct and thereby intentionally or recklessly causes or creates a
grave risk of causing public alarm.
  Riot in the second degree is a class A misdemeanor.

S 240.06 Riot in the first degree.
  A person is guilty of riot in the first degree when he:
  1.   Simultaneously  with  ten  or  more  other  persons,  engages  in
tumultuous and violent conduct and thereby intentionally  or  recklessly
causes  or  creates  a  grave  risk  of causing public alarm, and in the
course of and as a result of such conduct, a person other  than  one  of
the  participants suffers physical injury or substantial property damage
occurs; or
  2. While in a correctional facility or a local correctional  facility,
as   those   terms   are  defined  in  subdivisions  four  and  sixteen,
respectively, of section two of the correction law, simultaneously  with
ten or more other persons, engages in tumultuous and violent conduct and
thereby  intentionally  or  recklessly causes or creates a grave risk of
causing alarm within such correctional facility  or  local  correctional
facility  and in the course of and as a result of such conduct, a person
other  than  one  of  the  participants  suffers  physical   injury   or
substantial property damage occurs.
  Riot in the first degree is a class E felony.

S 240.08 Inciting to riot.
  A person is guilty of inciting to riot when he urges ten or more
persons to engage in tumultuous and violent conduct of a kind likely to
create public alarm.
  Inciting to riot is a class A misdemeanor.

S 240.10 Unlawful assembly.
  A person is guilty of unlawful assembly when he assembles with four or
more other persons for the purpose of engaging or preparing to engage
with them in tumultuous and violent conduct likely to cause public
alarm, or when, being present at an assembly which either has or
develops such purpose, he remains there with intent to advance that
purpose.
  Unlawful assembly is a class B misdemeanor.

S 240.15 Criminal anarchy.
  A person is guilty of criminal anarchy when (a) he advocates the
overthrow of the existing form of government of this state by violence,
or (b) with knowledge of its contents, he publishes, sells or
distributes any document which advocates such violent overthrow, or (c)
with knowledge of its purpose, he becomes a member of any organization
which advocates such violent overthrow.
  Criminal anarchy is a class E felony.

S 240.20 Disorderly conduct.
  A person is guilty of disorderly conduct when, with intent to cause
public inconvenience, annoyance or alarm, or recklessly creating a risk
thereof:
  1. He engages in fighting or in violent, tumultuous or threatening
behavior; or
  2. He makes unreasonable noise; or
  3. In a public place, he uses abusive or obscene language, or makes an
obscene gesture; or
  4. Without lawful authority, he disturbs any lawful assembly or
meeting of persons; or
  5. He obstructs vehicular or pedestrian traffic; or
  6. He congregates with other persons in a public place and refuses to
comply with a lawful order of the police to disperse; or
  7. He creates a hazardous or physically offensive condition by any act
which serves no legitimate purpose.
  Disorderly conduct is a violation.

S 240.21 Disruption, or disturbance of religious service,
              funeral, burial or memorial service.
  A  person  is  guilty  of  disruption  or disturbance of a religious
service, funeral, burial or  memorial  service  when  he  or  she  makes
unreasonable   noise  or  disturbance  while  at  a  lawfully  assembled
religious service, funeral, burial or memorial service, or within  three
hundred  feet  thereof,  with  intent  to  cause  annoyance  or alarm or
recklessly creating a risk thereof.
  Disruption  or  disturbance of a religious service, funeral, burial or
  memorial service is a class A misdemeanor.

S 240.25 Harassment in the first degree.
  A person is guilty of harassment in the first degree when he or she
intentionally and repeatedly harasses another person by following such
person in or about a public place or places or by engaging in a course
of conduct or by repeatedly committing acts which places such person in
reasonable fear of physical injury.  This section shall not apply to
activities regulated by the national labor relations act, as amended,
the railway labor act, as amended, or the federal employment labor
management act, as amended.
  Harassment in the first degree is a class B misdemeanor.

S 240.26 Harassment in the second degree.
  A person is guilty of harassment in the second degree when, with
intent to harass, annoy or alarm another person:
  1. He or she strikes, shoves, kicks or otherwise subjects such other
person to physical contact, or attempts or threatens to do the same; or
  2. He or she follows a person in or about a public place or places; or
  3. He or she engages in a course of conduct or repeatedly commits acts
which alarm or seriously annoy such other person and which serve no
legitimate purpose.
  Subdivisions two and three of this section shall not apply to
activities regulated by the national labor relations act, as amended,
the railway labor act, as amended, or the federal employment labor
management act, as amended.
  Harassment in the second degree is a violation.

S 240.30 Aggravated harassment in the second degree.
   A person is guilty of aggravated harassment in the second degree when:
    1. With intent to harass another person, the actor either:
    (a)  communicates, anonymously or otherwise, by telephone, by computer
  or any other electronic  means,  or  by  mail,  or  by  transmitting  or
  delivering  any  other form of communication, a threat to cause physical
  harm to, or unlawful harm to the property of, such person, or  a  member
  of  such person's same family or household as defined in subdivision one
  of section 530.11 of the criminal procedure law, and the actor knows  or
  reasonably should know that such communication will cause such person to
  reasonably fear harm to such person's physical safety or property, or to
  the physical safety or property of a member of such person's same family
  or household; or
    (b)  causes  a communication to be initiated anonymously or otherwise,
  by telephone, by computer or any other electronic means, or by mail,  or
  by  transmitting or delivering any other form of communication, a threat
  to cause physical harm to, or unlawful harm to  the  property  of,  such
  person, a member of such person's same family or household as defined in
  subdivision one of section 530.11 of the criminal procedure law, and the
  actor knows or reasonably should know that such communication will cause
  such  person to reasonably fear harm to such person's physical safety or
  property, or to the physical safety or property  of  a  member  of  such
  person's same family or household; or
    2. With intent to harass or threaten another person, he or she makes a
  telephone call, whether or not a conversation ensues, with no purpose of
  legitimate communication; or
    3. With the intent to harass, annoy, threaten or alarm another person,
  he  or  she strikes, shoves, kicks, or otherwise subjects another person
  to physical contact, or attempts or threatens to do the same because  of
  a  belief  or  perception  regarding such person's race, color, national
  origin, ancestry, gender, religion, religious practice, age,  disability
  or sexual orientation, regardless of whether the belief or perception is
  correct; or
    4. With the intent to harass, annoy, threaten or alarm another person,
  he or she strikes, shoves, kicks or otherwise subjects another person to
  physical  contact thereby causing physical injury to such person or to a
  family or household member of such person as defined in  section  530.11
  of the criminal procedure law; or
    5.  He  or she commits the crime of harassment in the first degree and
  has previously been convicted of the crime of harassment  in  the  first
  degree as defined by section 240.25 of this article within the preceding
  ten years.
  Aggravated harassment in the second degree is a class A misdemeanor.

S 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, because
of a belief or perception regarding such person`s race, color, national
origin, ancestry, gender, religion, religious practice, age, disability
or sexual orientation, regardless of whether the belief or perception is
correct, he or she:
  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 has been previously convicted of the crime of aggravated harassment
in the first degree within the preceding ten years.
  3. Etches, paints, draws upon or otherwise places 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;
  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.

S 240.32 Aggravated harassment of an employee by an inmate.
  An inmate  or  respondent  is  guilty  of aggravated harassment of an
employee by an inmate when, with intent to harass,  annoy,  threaten  or
alarm  a  person in a facility whom he or she knows or reasonably should
know to be an employee of such facility or the board of  parole  or  the
office  of mental health, or a probation department, bureau or unit or a
police officer, he or she causes or attempts to cause such  employee  to
come  into  contact  with  blood,  seminal  fluid,  urine  or  feces, by
throwing, tossing or expelling such fluid or material.
  For purposes of this section, "inmate" means an inmate or detainee  in
a  correctional  facility, local correctional facility or a hospital, as
such term is defined in subdivision two of section four hundred  of  the
correction  law.  For  purposes  of  this  section, "respondent" means a
juvenile in a secure facility operated and maintained by the  office  of
children  and  family  services  who  is placed with or committed to the
office of children and family services. For purposes  of  this  section,
"facility" means a correctional facility or local correctional facility,
hospital,  as  such  term  is defined in subdivision two of section four
hundred of the  correction  law,  or  a  secure  facility  operated  and
maintained by the office of children and family services.
  Aggravated harassment of an employee by an inmate is a class E felony.

S 240.35 Loitering.
  A person is guilty of loitering when he:
  2.  Loiters  or  remains in a public place for the purpose of gambling
with cards, dice or other gambling paraphernalia; or
  4. Being masked or in any manner disguised  by  unusual  or  unnatural
attire or facial alteration, loiters, remains or congregates in a public
place with other persons so masked or disguised, or knowingly permits or
aids  persons  so  masked  or disguised to congregate in a public place;
except that such conduct is not unlawful when it  occurs  in  connection
with   a   masquerade   party   or  like  entertainment  if,  when  such
entertainment is held in a city which  has  promulgated  regulations  in
connection  with  such  affairs,  permission  is first obtained from the
police or other appropriate authorities; or
  5. Loiters or remains  in  or  about  school  grounds,  a  college  or
university building or grounds or a children's overnight camp as defined
in  section  one  thousand three hundred ninety-two of the public health
law or a summer day camp  as  defined  in  section  one  thousand  three
hundred  ninety-two  of the public health law, or loiters, remains in or
enters a school bus as defined in section one hundred forty-two  of  the
vehicle and traffic law, not having any reason or relationship involving
custody  of  or  responsibility  for  a  pupil  or student, or any other
specific, legitimate reason for being  there,  and  not  having  written
permission  from  anyone  authorized  to  grant  the  same or loiters or
remains in or about such children's overnight camp or summer day camp in
violation of conspicuously posted rules or regulations  governing  entry
and use thereof; or
  6.   Loiters   or  remains  in  any  transportation  facility,  unless
specifically authorized to do so,  for  the  purpose  of  soliciting  or
engaging in any business, trade or commercial transactions involving the
sale  of  merchandise  or  services,  or for the purpose of entertaining
persons by singing, dancing or playing any musical instrument; or
  Loitering is a violation.

S 240.36 Loitering in the first degree.
  A person is guilty of loitering in the first degree when he loiters or
remains in any place with one or more persons for the purpose of
unlawfully using or possessing a controlled substance, as defined in
section 220.00 of this chapter.
  Loitering in the first degree is a class B misdemeanor.

S 240.37 Loitering for the purpose of engaging in a prostitution offense.
  1. For the purposes of this section, "public place" means any street,
sidewalk, bridge, alley or alleyway, plaza, park, driveway, parking lot
or transportation facility or the doorways and entrance ways to any
building which fronts on any of the aforesaid places, or a motor vehicle
in or on any such place.
  2.  Any  person  who  remains  or  wanders about in a public place and
repeatedly beckons to, or repeatedly stops, or  repeatedly  attempts  to
stop,  or  repeatedly  attempts to engage passers-by in conversation, or
repeatedly stops or attempts  to  stop  motor  vehicles,  or  repeatedly
interferes  with  the  free passage of other persons, for the purpose of
prostitution as that term is defined in article two  hundred  thirty  of
this  part,  shall  be  guilty of a violation and is guilty of a class B
misdemeanor if such person has previously been convicted of a  violation
of this section or of section 230.00 of this part.
  3.  Any  person  who  remains  or  wanders about in a public place and
repeatedly beckons to, or repeatedly stops, or  repeatedly  attempts  to
stop,  or  repeatedly  attempts to engage passers-by in conversation, or
repeatedly stops or attempts  to  stop  motor  vehicles,  or  repeatedly
interferes  with  the  free passage of other persons, for the purpose of
patronizing a person for prostitution as defined in  section  230.02  of
this  part,  shall  be  guilty of a violation and is guilty of a class B
misdemeanor if such person has previously been convicted of a  violation
of  this  section or of section 230.04, 230.05, 230.06 or 230.08 of this
part.
  4. Any person who remains or wanders  about  in  a  public  place  and
repeatedly  beckons  to,  or repeatedly stops, or repeatedly attempts to
stop, or repeatedly attempts to engage  passers-by  in  converstion,  or
repeatedly  stops  or  attempts  to  stop  motor vehicles, or repeatedly
interferes with the free passage of other persons, for  the  purpose  of
promoting  prostitution  as defined in article two hundred thirty of the
penal law is guilty of a class A misdemeanor.

S 240.40 Appearance in public under the influence of narcotics or
               a drug other than alcohol.
  A person is guilty of appearance in public under the influence of
narcotics or a drug other than alcohol when he appears in a public place
under the influence of narcotics or a drug other than alcohol to the
degree that he may endanger himself or other persons or property, or
annoy persons in his vicinity.
  Appearance in public under the influence of narcotics or a drug
other than alcohol is a violation.

S 240.45 Criminal nuisance in the second degree.
  A person is guilty of criminal nuisance in the second degree when:
  1. By conduct either unlawful in itself or unreasonable under all the
circumstances, he knowingly or recklessly creates or maintains a
condition which endangers the safety or health of a considerable number
of persons; or
  2. He knowingly conducts or maintains any premises, place or resort
where persons gather for purposes of engaging in unlawful conduct.
  Criminal nuisance in the second degree is a class B misdemeanor.

S 240.46 Criminal nuisance in the first degree.
  A person is guilty of criminal nuisance in the first degree when he
knowingly conducts or maintains any premises, place or resort where
persons come or gather for purposes of engaging in the unlawful sale of
controlled substances in violation of section 220.39, 220.41, or 220.43
of this chapter, and thereby derives the benefit from such unlawful
conduct.
  Criminal nuisance in the first degree is a class E felony.

S 240.48 Disseminating a false registered sex offender notice.
  A  person  is  guilty of disseminating a false registered sex offender
notice when, knowing the information he or she disseminates or causes to
be disseminated to be false or baseless,  such  person  disseminates  or
causes  to  be  disseminated any notice which purports to be an official
notice from a government agency or a law  enforcement  agency  and  such
notice asserts that an individual is a registered sex offender.
  Disseminating a false registered sex offender notice is a
class A misdemeanor.

S 240.50 Falsely reporting an incident in the third degree.
  A  person  is  guilty  of  falsely  reporting an incident in the third
 degree when, knowing the information reported, conveyed or circulated to
 be false or baseless, he or she:
   1. Initiates or circulates a false report or  warning  of  an  alleged
 occurrence  or impending occurrence of a crime, catastrophe or emergency
 under circumstances in which it is not unlikely  that  public  alarm  or
 inconvenience will result; or
   2. Reports, by word or action, to an official or quasi-official agency
 or   organization  having  the  function  of  dealing  with  emergencies
 involving danger to life or property, an alleged occurrence or impending
 occurrence of a catastrophe or emergency which did not in fact occur  or
 does not in fact exist; or
   3. Gratuitously reports to a law enforcement officer or agency (a) the
 alleged  occurrence  of  an  offense  or  incident which did not in fact
 occur; or (b)  an  allegedly  impending  occurrence  of  an  offense  or
 incident  which  in fact is not about to occur; or (c) false information
 relating to an actual offense or incident or to the alleged  implication
 of some person therein; or
   4.  Reports,  by word or action, an alleged occurrence or condition of
 child abuse or maltreatment or abuse or neglect of a  vulnerable  person
 which did not in fact occur or exist to:
   (a) the statewide central register of child abuse and maltreatment, as
 defined  in  title  six of article six of the social services law or the
 vulnerable persons' central register as defined  in  article  eleven  of
 such law, or
   (b)  any  person  required to report cases of suspected child abuse or
 maltreatment  pursuant  to  subdivision  one  of  section  four  hundred
 thirteen  of  the  social  services  law or to report cases of suspected
 abuse or neglect of a vulnerable person pursuant to section four hundred
 ninety-one of such law, knowing that the person is  required  to  report
 such  cases,  and  with  the  intent  that such an alleged occurrence be
 reported to  the  statewide  central  register  or  vulnerable  persons'
 central register.
  Falsely reporting an incident in the third degree is a class A misdemeanor.

S 240.55 Falsely reporting an incident in the second degree.
  A person is guilty of falsely reporting an incident in the second
degree when, knowing the information reported, conveyed or circulated to
be false or baseless, he or she:
  1. Initiates or circulates a false report or warning of an alleged
occurrence or impending occurrence of a fire, explosion, or the release
of a hazardous substance under circumstances in which it is not unlikely
that public alarm or inconvenience will result;
  2. Reports, by word or action, to any official or quasi-official
agency or organization having the function of dealing with emergencies
involving danger to life or property, an alleged occurrence or impending
occurrence of a fire, explosion, or the release of a hazardous substance
which did not in fact occur or does not in fact exist; or
  3. Knowing the information reported, conveyed or circulated to be
false or baseless and under circumstances in which it is likely public
alarm or inconvenience will result, he or she initiates or circulates a
report or warning of an alleged occurrence or an impending occurrence of
a fire, an explosion, or the release of a hazardous substance upon any
private premises.
  Falsely reporting an incident in the second degree is a class E felony.

S 240.60 Falsely reporting an incident in the first degree.
  A person is guilty of falsely reporting an incident in the first
degree when he:
  1. commits the crime of falsely reporting an incident in the second
degree as defined in section 240.55 of this article, and has previously
been convicted of that crime; or
  2. commits the crime of falsely reporting an incident in the third
degree as defined in subdivisions one and two of section 240.50 of this
article or falsely reporting an incident in the second degree as defined
in subdivisions one and two of section 240.55 of this article and
another person who is an employee or member of any official or
quasi-official agency having the function of dealing with emergencies
involving danger to life or property; or who is a volunteer firefighter
with a fire department, fire company, or any unit thereof as defined in
the volunteer firefighters` benefit law; or who is a volunteer ambulance
worker with a volunteer ambulance corporation or any unit thereof as
defined in the volunteer ambulance workers` benefit law suffers serious
physical injury or is killed in the performance of his or her official
duties in traveling to or working at or returning to a firehouse, police
station, quarters or other base facility from the location identified in
such report; or
  3. commits the crime of falsely reporting an incident in the third
degree as defined in subdivisions one and two of section 240.50 of this
article or falsely reporting an incident in the second degree as defined
in subdivisions one and two of section 240.55 of this article and
another person suffers serious physical injury or is killed as a result
of any vehicular or other accident involving any emergency vehicle which
is responding to, operating at, or returning from the location
identified in such report.
  4. An emergency vehicle as referred to in subdivision three of this
section shall include any vehicle operated by any employee or member of
any official or quasi-official agency having the function of dealing
with emergencies involving danger to life or property and shall include,
but not necessarily be limited to, an emergency vehicle which is
operated by a volunteer firefighter with a fire department, fire
company, or any unit thereof as defined in the volunteer firefighters`
benefit law; or by a volunteer ambulance worker with a volunteer
ambulance corporation, or any unit thereof as defined in the volunteer
ambulance workers` benefit law.
  5. Knowing the information reported, conveyed or circulated to be
false or baseless and under circumstances in which it is likely public
alarm or inconvenience will result, he or she initiates or circulates a
report or warning of an alleged occurrence or an impending occurrence of
a fire, an explosion, or the release of a hazardous substance upon
school grounds and it is likely that persons are present on said
grounds.
  6. Knowing the information reported, conveyed or circulated to be
false or baseless and under circumstances in which it is likely public
alarm or inconvenience will result, he or she initiates or circulates a
report or warning of an alleged occurrence or impending occurrence of a
fire, explosion or the release of a hazardous substance in or upon a
sports stadium or arena, mass transportation facility, enclosed shopping
mall, any public building or any public place, and it is likely that
persons are present. For purposes of this subdivision, the terms "sports
stadium or arena, mass transportation facility or enclosed shopping
mall" shall have their natural meaning and the term "public building"
shall have the meaning set forth in section four hundred one of the
executive law.
  Falsely reporting an incident in the first degree is a class D felony.

S 240.61 Placing a false bomb or hazardous substance in the second degree.
  A person is guilty of placing a false bomb or hazardous  substance  in
the  second  degree  when  he or she places, or causes to be placed, any
device  or  object  that  by  its  design,  construction,   content   or
characteristics appears to be or to contain, a bomb, destructive device,
explosive  or  hazardous  substance,  but  is,  in  fact, an inoperative
facsimile or imitation of such a bomb, destructive device, explosive  or
hazardous  substance  and  which  he or she knows, intends or reasonably
believes will appear to be a  bomb,  destructive  device,  explosive  or
hazardous  substance  under circumstances in which it is likely to cause
public alarm or inconvenience.
  Placing a false bomb or hazardous substance in the second degree is a
class E felony.

S 240.62 Placing a false bomb or hazardous substance in the first degree.
  A person is guilty of placing a false bomb or hazardous  substance  in
the  first  degree  when he or she places, or causes to be placed, in or
upon school grounds, a public building, or a public place any device  or
object  that  by  its  design,  construction, content or characteristics
appears to be or to contain, a bomb, destructive  device,  explosive  or
hazardous  substance,  but  is,  in  fact,  an  inoperative facsimile or
imitation of such a bomb, destructive  device,  explosive  or  hazardous
substance and which he or she knows, intends or reasonably believes will
appear  to  be  a  bomb,  destructive  device,  explosive  or  hazardous
substance under circumstances in which it  is  likely  to  cause  public
alarm  or  inconvenience.  For purposes of this section the term "public
building" shall have the meaning set forth in section four  hundred  one
of the executive law.
  Placing  a  false bomb or hazardous substance in the first degree is a
class D felony.

S 240.63 Placing a false bomb or hazardous substance in a sports stadium
             or arena, mass transportation facility or enclosed shopping mall.
  A person is guilty of placing a false bomb or hazardous substance in a
sports stadium  or  arena,  mass  transportation  facility  or  enclosed
shopping mall when he or she places, or causes to be placed, in a sports
stadium  or  arena,  mass  transportation  facility or enclosed shopping
mall, in which it is likely that persons  are  present,  any  device  or
object  that  by  its  design,  construction, content or characteristics
appears to be or to contain a bomb,  destructive  device,  explosive  or
hazardous  substance,  but  is,  in  fact,  an  inoperative facsimile or
imitation of such a bomb, destructive  device,  explosive  or  hazardous
substance and which he or she knows, intends or reasonably believes will
appear  to  be  a  bomb,  destructive  device,  explosive  or  hazardous
substance under circumstances in which it  is  likely  to  cause  public
alarm or inconvenience. For purposes of this section, "sports stadium or
arena,  mass  transportation  facility  or enclosed shopping mall" shall
have its natural meaning.
  Placing a false bomb or hazardous substance in  a  sports  stadium  or
  arena, mass transportation facility or enclosed shopping mall is a class
  D felony.

S 240.65 Unlawful prevention of public access to records.
  A person is guilty of unlawful prevention of public access to records
when, with intent to prevent the public inspection of a record pursuant
to article six of the public officers law, he willfully conceals or
destroys any such record.
  Unlawful prevention of public access to records is a violation.

S 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
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
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 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 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.

S 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 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.

S 240.72 Aggravated interference with health care services in
              the second degree.
 A person is guilty of the crime of aggravated interference with health
care services in the second degree when he or she commits the  crime  of
criminal  interference with health care services or religious worship in
violation of paragraph (a) of subdivision one of section 240.70 of  this
article  and thereby causes physical injury to such other person who was
obtaining or providing, or was assisting another  person  to  obtain  or
provide reproductive health services.
  Aggravated interference with health care services in the second degree
 is a class E felony.

S 240.73 Aggravated interference with health care services in
              the first degree.
 A person is guilty of the crime of aggravated interference with health
care services in the first degree when he or she commits  the  crime  of
criminal  interference with health care services or religious worship in
violation of paragraph (a) of subdivision one of section 240.70 of  this
article  and thereby causes serious physical injury to such other person
who was obtaining or providing, or who was assisting another  person  to
obtain or provide reproductive health services.
  Aggravated interference with health care services in the first degree
 is a class C felony.

S 240.75Aggravated family offense.
    1.  A  person  is  guilty  of aggravated family offense when he or she
  commits a misdemeanor defined in subdivision two of this  section  as  a
  specified  offense  and  he  or  she  has  been convicted of one or more
  specified offenses within the immediately preceding five years. For  the
  purposes  of  this subdivision, in calculating the five year period, any
  period of time during which  the  defendant  was  incarcerated  for  any
  reason  between  the  time  of  the  commission  of any of such previous
  offenses and the time of  commission  of  the  present  crime  shall  be
  excluded  and  such  five  year  period shall be extended by a period or
  periods equal to the time served under such incarceration.
    2. A "specified offense" is  an  offense  defined  in  section  120.00
  (assault  in  the  third  degree); section 120.05 (assault in the second
  degree); section 120.10 (assault in the first  degree);  section  120.13
  (menacing  in  the first degree); section 120.14 (menacing in the second
  degree); section 120.15 (menacing in the third degree);  section  120.20
  (reckless  endangerment  in the second degree); section 120.25 (reckless
  endangerment in the first  degree);  section  120.45  (stalking  in  the
  fourth  degree);  section 120.50 (stalking in the third degree); section
  120.55 (stalking in the second degree); section 120.60 (stalking in  the
  first  degree);  section  121.11  (criminal  obstruction of breathing or
  blood circulation); section 121.12 (strangulation in the second degree);
  section 121.13 (strangulation in the first degree); subdivision  one  of
  section 125.15 (manslaughter in the second degree); subdivision one, two
  or  four  of  section 125.20 (manslaughter in the first degree); section
  125.25  (murder  in  the  second   degree);   section   130.20   (sexual
  misconduct);  section 130.30 (rape in the second degree); section 130.35
  (rape in the first degree); section 130.40 (criminal sexual act  in  the
  third  degree);  section  130.45  (criminal  sexual  act  in  the second
  degree); section 130.50 (criminal  sexual  act  in  the  first  degree);
  section  130.52  (forcible  touching); section 130.53 (persistent sexual
  abuse); section 130.55 (sexual  abuse  in  the  third  degree);  section
  130.60 (sexual abuse in the second degree); section 130.65 (sexual abuse
  in  the  first  degree);  section 130.66 (aggravated sexual abuse in the
  third degree); section 130.67 (aggravated sexual  abuse  in  the  second
  degree);  section  130.70 (aggravated sexual abuse in the first degree);
  section 130.91 (sexually motivated felony);  section  130.95  (predatory
  sexual  assault);  section  130.96  (predatory  sexual assault against a
  child); section 135.05 (unlawful imprisonment  in  the  second  degree);
  section  135.10  (unlawful  imprisonment  in  the first degree); section
  135.60 (coercion in the second degree); section 135.65 (coercion in  the
  first  degree);  section  140.20 (burglary in the third degree); section
  140.25 (burglary in the second degree); section 140.30 (burglary in  the
  first  degree); section 145.00 (criminal mischief in the fourth degree);
  section 145.05 (criminal mischief in the third degree);  section  145.10
  (criminal  mischief  in  the  second  degree);  section 145.12 (criminal
  mischief in the first degree); section 145.14 (criminal tampering in the
  third degree); section 215.50 (criminal contempt in the second  degree);
  section  215.51  (criminal contempt in the first degree); section 215.52
  (aggravated criminal contempt); section 240.25 (harassment in the  first
  degree);  subdivision  one,  two  or  four of section 240.30 (aggravated
  harassment in the second degree); aggravated family offense  as  defined
  in  this  section  or  any  attempt  or  conspiracy to commit any of the
  foregoing offenses where the defendant and the person against  whom  the
  offense  was  committed  were members of the same family or household as
  defined in subdivision one of section 530.11 of the  criminal  procedure
  law.
    3.  The person against whom the current specified offense is committed
  may be different from the person against  whom  the  previous  specified
  offense  was committed and such persons do not need to be members of the
  same family or household.
    Aggravated family offense is a class E felony.

S 240.76 Directing a laser at an aircraft in the second degree.
    A  person  is guilty of directing a laser at an aircraft in the second
  degree when, with intent to disrupt safe air travel, he or  she  directs
  the beam of a laser:
    1.  onto a specific aircraft intending to thereby disrupt or interfere
  with such aircraft in the special aircraft jurisdiction  of  the  United
  States; or
    2.  in  the  immediate vicinity of an aircraft in the special aircraft
  jurisdiction of the United States, and:
    (a) the calculated or measured beam irradiance on the aircraft, or  in
  the  immediate  vicinity  of the aircraft, exceeds limits set by the FAA
  for the FAA-specified laser flight zone (normal, sensitive, critical, or
  laser-free) where the aircraft was located;  and  (b)  a  pilot  in  the
  illuminated aircraft files a laser incident report with the FAA.
    3. As used in this section:
    (a) the term "laser" shall mean any device designed or used to amplify
  electromagnetic radiation by stimulated emission that emits a beam; and
    (b) the term "FAA" shall mean the Federal Aviation Administration.
    4.  This  section  does  not  prohibit  directing  a  laser beam at an
  aircraft, or in the immediate vicinity of an aircraft, by:
    (a)  an  authorized  individual  in  the  conduct  of   research   and
  development   or   flight  test  operations  conducted  by  an  aircraft
  manufacturer, the FAA, or any other person  authorized  by  the  FAA  to
  conduct such research and development or flight test operations; or
    (b)  members or elements of the United States department of defense or
  the United States department of homeland security acting in an  official
  capacity  for  the purpose of research, development, operations, testing
  or training; or
    (c) an individual in an emergency situation using a laser  to  attract
  the attention of an aircraft for bona fide rescue purposes; or
    (d)  an  individual  whose laser operations have been submitted to and
  reviewed by the FAA, when:
    (i) the FAA has issued a letter not objecting to the laser use; and
    (ii) the laser is operated in conformity with the FAA submission.
    Directing a laser at an aircraft is a class A misdemeanor.

S 240.77 Directing a laser at an aircraft in the first degree.
    A  person  is  guilty of directing a laser at an aircraft in the first
  degree when he or she commits the crime  of  directing  a  laser  at  an
  aircraft  in  the  second  degree in violation of section 240.76 of this
  article and thereby causes a  significant  change  of  course  or  other
  serious  disruption to the safe travel of an aircraft that threatens the
  physical safety of the aircraft's passengers or crew.
    Directing a laser at an aircraft in the first degree is a class E felony.

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