Assault on a retail worker · as in force on May 31, 2026
§ 120.19 Assault on a retail worker.
1. A person is guilty of assault on a retail worker when, with the intent to prevent a retail worker from performing an act within the scope of such worker's employment, such person causes physical injury to such retail worker and the person knew or reasonably should have known that such individual was a retail worker.
2. For the purposes of this section:
a. "Retail worker" shall mean any person whose usual place of work is a retail establishment. This shall include, but is not limited to, an employee of the retail establishment, an owner of the retail establishment, or a person who works in the retail establishment under arrangements made between the person and the establishment.
b. "Retail establishment" shall mean any physical business or commercial entity engaged in the sale of goods, merchandise, or services directly to consumers.
Assault on a retail worker is a class E felony.
A person assaults a retail worker by intending to prevent the worker from doing a job duty and causing physical injury, while knowing or having reason to know the person is a retail worker. ★ A “retail worker” usually works at a physical business selling goods, merchandise, or services directly to consumers, including an employee, owner, or arranged worker. It is a class E felony.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.