N.Y. Penal Law Section 240.78
Making a threat of mass harm

1.

A person is guilty of making a threat of mass harm when with the intent to intimidate a group of people or to create public alarm, such person threatens to inflict or cause to be inflicted, serious physical injury or death at a school, place of worship, business, government building, or other place of assembly, and thereby causes a reasonable expectation or fear of serious physical injury or death, or causes the evacuation or lockdown of a school, place of worship, business, government building, or other place of assembly.

2.

It shall be no defense to a prosecution pursuant to this section that the defendant did not have the intent or capability of committing the conduct threatened. Making a threat of mass harm is a class B misdemeanor.

Source: Section 240.78 — Making a threat of mass harm, https://www.­nysenate.­gov/legislation/laws/PEN/240.­78 (updated Jun. 10, 2022; accessed Apr. 27, 2024).

240.00
Offenses against public order 240.05
Riot in the second degree 240.06
Riot in the first degree 240.08
Inciting to riot 240.10
Unlawful assembly 240.15
Criminal anarchy 240.20
Disorderly conduct 240.21
Disruption or disturbance of a religious service, funeral, burial or memorial service 240.25
Harassment in the first degree 240.26
Harassment in the second degree 240.30
Aggravated harassment in the second degree 240.31
Aggravated harassment in the first degree 240.32
Aggravated harassment of an employee by an incarcerated individual 240.35
Loitering 240.36
Loitering in the first degree 240.40
Appearance in public under the influence of narcotics or a drug other than alcohol 240.45
Criminal nuisance in the second degree 240.46
Criminal nuisance in the first degree 240.48
Disseminating a false registered sex offender notice 240.50
Falsely reporting an incident in the third degree 240.55
Falsely reporting an incident in the second degree 240.60
Falsely reporting an incident in the first degree 240.61
Placing a false bomb or hazardous substance in the second degree 240.62
Placing a false bomb or hazardous substance in the first degree 240.63
Placing a false bomb or hazardous substance in a sports stadium or arena, mass transportation facility or enclosed shopping mall 240.65
Unlawful prevention of public access to records 240.70
Criminal interference with health care services or religious worship in the second degree 240.71
Criminal interference with health care services or religious worship in the first degree 240.72
Aggravated interference with health care services in the second degree 240.73
Aggravated interference with health care services in the first degree 240.75
Aggravated family offense 240.76
Directing a laser at an aircraft in the second degree 240.77
Directing a laser at an aircraft in the first degree 240.78
Making a threat of mass harm 240.79
Aggravated threat of mass harm
Green check means up to date. Up to date

Accessed:
Apr. 27, 2024

Last modified:
Jun. 10, 2022

§ 240.78’s source at nysenate​.gov

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