Makes etching, painting, drawing or otherwise making a hangman's noose on property without permission of the owner a class E felony.
TITLE OF BILL: An act to amend the penal law, in relation to aggravated harassment in the first degree
PURPOSE: To increase the penalties for using a noose with the intent to harass, annoy, threaten or alarm another person.
SUMMARY OF PROVISIONS: Amends Section 240.31 of the penal law by amending subdivision 3.
JUSTIFICATION: There have been several recent documented incidents of nooses around the United States including the "Jena 6 "case, in Louisana and two right here in New York -- At present if a person merely hangs a noose on someone's door or property they cannot be charged with a crime. Because of our nation's history, those within the African American culture have considered the noose as a symbol of both hate and intimidation and a way of threatening and terrorizing those of African American decent.
As with the response to past incidents involving swastikas and burning crosses, the Legislature amended the Penal Law to make the use of those symbols a crime when used with the intent to harass, annoy, intimidate or otherwise threaten another individual. This legislation makes it clear that employing a symbol of hate such as a hangman's noose also will not be allowed making such an act a class E felony under New York State's aggravated harassment statute.
LEGISLATIVE HISTORY: S.710 (2010) Referred to Codes S.6511 2007-08 10/19/07 Referred to Rules 01/09/08 Referred to Codes
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 3621 2011-2012 Regular Sessions IN SENATE February 28, 2011 ___________Introduced by Sen. ADAMS -- 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 ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 240.31 of the penal law, as amended by chapter 74 of the laws of 2008, is amended to read as follows: 3. Etches, paints, draws upon, DISPLAYS or otherwise places a swasti- ka, commonly exhibited as the emblem of Nazi Germany, OR A HANGMAN'S NOOSE, on any building or other real property, public or private, owned by any person, firm or corporation or any public agency or instrumental- ity, without express permission of the owner or operator of such build- ing or real property; S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07529-01-1