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New York · Through 2026-09-11

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

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Where this section sits in the code
  1. Penal Law
  2. Part 3. Specific Offenses
  3. Title N. Offenses Against Public Order, Public Sensibilities and the Right to Privacy
  4. Article 240. Offenses Against Public Order

§ 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.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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