top of page
Search

New law - 240.78 specifies law for lockdown/evacuation of schools.

Check out new 240.78 (1) "causes evacuation or lockdown of a school"


Just signed into law- something to be aware of.


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 two new sections 240.78 and 240.79 to read as follows: § 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, GOVERN-MENT 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. § 240.79 AGGRAVATED THREAT OF MASS HARM. 1. A PERSON IS GUILTY OF AGGRAVATED THREAT OF MASS HARM WHEN SUCH PERSON ENGAGES IN CONDUCT AS DEFINED IN SECTION 240.78 OF THIS ARTICLE AND HAS MADE ANY OVERT ACT IN FURTHERANCE OF THE COMMISSION OF SUCH CRIME. 2. FOR PURPOSES OF THIS SECTION, AN OVERT ACT MAY INCLUDE MAKING PLAN TO CARRY OUT SUCH THREAT, COMPILING A LIST OF TARGETS, POSSESSION