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New York statute

N.Y. Penal Law § 490.28 — Domestic act of terrorism motivated by hate in the first degree

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

Part of Article 490: Terrorism, New York Penal Law.

Criminal charges under this statute

Full text of N.Y. Penal Law § 490.28

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 § 490.28Primary source, current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
490.28 Domestic act of terrorism motivated by hate in the first degree. A person is guilty of the crime of domestic act of terrorism motivated by hate in the first degree when, acting with the intent to cause the death of, or serious physical injury to, five or more other persons, in whole or in substantial part because of the perceived race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability, or sexual orientation of such other person or persons, regardless of whether that belief or perception is correct, he or she, as part of the same criminal transaction: 1. causes the death of at least one other person, provided that the victim or victims are not a participant in the criminal transaction; and 2. causes or attempts to cause the death of four or more additional other persons, provided that the victims are not a participant in the criminal transaction; and 3. the defendant was more than eighteen years old at the time of the commission of the crime. Domestic act of terrorism motivated by hate in the first degree is a class A-I felony. Notwithstanding any other provision of law, when a person is convicted of domestic act of terrorism motivated by hate in the first degree, the sentence shall be life imprisonment without parole.

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Legal terms used in this section

Questions this section answers

What class of felony is domestic act of terrorism motivated by hate in the first degree in New York?

Domestic act of terrorism motivated by hate in the first degree is a Class A-I Felony in New York under N.Y. Penal Law § 490.28.

Which New York statute covers domestic act of terrorism motivated by hate in the first degree?

Domestic act of terrorism motivated by hate in the first degree is governed by N.Y. Penal Law § 490.28 (Domestic act of terrorism motivated by hate in the first degree).

This reference is informational and is not legal advice.