{"jurisdiction": "us-ny", "code": "penal", "section": "240.78", "citation": "Penal Law § 240.78", "heading": "Making a threat of mass harm", "text": ["§ 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_source": "https://www.nysenate.gov/legislation/laws/PEN/240.78", "from_official_api": true, "plain_english": "- **(1)** **Threatening serious physical injury or death at a school, place of worship, business, government building, or other gathering place**, with intent to intimidate a group or alarm the public, is a threat of mass harm when it creates reasonable fear or expectation of such harm or causes an evacuation or lockdown. ★\n- **(2)** **Lack of intent or ability to carry out the threat is not a defense.**\nThe offense is a **class B misdemeanor**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/240.78", "publisher": "Elyphived LLC"}