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New York · Through 2026-09-11

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

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Where this section sits in the code
  1. Penal Law
  2. Part 4. Administrative Provisions
  3. Title Y-1. Nb
  4. Article 490. Terrorism

§ 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.

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

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