Makes it a crime to mail a substance which appears to be of a bio-chemical nature and hazardous to person's health which in fact is not; makes such crime a class E felony.

---

A5617-2011 Actions

• Jan 4, 2012: referred to codes
• Feb 24, 2011: referred to codes

A5617-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    5617

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                              February 24, 2011
                                 ___________

  Introduced  by M. of A. MARKEY, PHEFFER, GALEF, ORTIZ, GUNTHER, BOYLAND,
    MILLMAN, MAYERSOHN -- Multi-Sponsored by -- M. of A.  COLTON,  CRESPO,
    GABRYSZAK,  HOOPER,  LATIMER, McENENY, REILLY, SCARBOROUGH, WEISENBERG
    -- read once and referred to the Committee on Codes

  AN ACT to amend the penal law, in relation to mailing a false substance

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1. The penal law is amended by adding a new section 240.64 to
  read as follows:

  S 240.64 MAILING A FALSE SUBSTANCE.
    A PERSON IS GUILTY OF MAILING A FALSE SUBSTANCE WHEN HE OR SHE  CAUSES
  A  COMMUNICATION TO BE INITIATED BY A MAILING OR ANY OTHER FORM OF WRIT-
  TEN COMMUNICATION IN A MANNER TO CAUSE ANNOYANCE, INCONVENIENCE OR ALARM
  BY PLACING IN SAID COMMUNICATION ANY SUBSTANCE WHICH APPEARS  TO  BE  BY
  ITS  CONTENT,  APPEARANCE  AND  CHARACTERISTIC  TO  BE OF A BIO-CHEMICAL
  NATURE AND DANGEROUS OR HAZARDOUS TO THE  WELL-BEING  AND  HEALTH  OF  A
  PERSON  BUT  IS,  IN  FACT  AN  INOPERATIVE  FACSIMILE OR IMITATION OF A
  BIO-CHEMICAL SUBSTANCE AND IS NOT DANGEROUS OR HAZARDOUS TO  THE  HEALTH
  AND WELL-BEING OF ANY PERSON.
    MAILING A FALSE SUBSTANCE IS A CLASS E FELONY.
    S 2. This act shall take effect on the first of November next succeed-
  ing the date on which it shall have become a law.




   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD08496-01-1