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New York statute

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

Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)

Part of Article 240: Offenses Against Public Order, New York Penal Law.

Criminal charges under this statute

Full text of N.Y. Penal Law § 240.78

Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.

N.Y. Penal Law § 240.78Primary source, current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
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.

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Questions this section answers

What class of misdemeanor is making a threat of mass harm in New York?

Making a threat of mass harm is a Class B Misdemeanor in New York under N.Y. Penal Law § 240.78.

Which New York statute covers making a threat of mass harm?

Making a threat of mass harm is governed by N.Y. Penal Law § 240.78 (Making a threat of mass harm).

This reference is informational and is not legal advice.