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.
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.
Official sources
Legal terms used in this section
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.