Penal Law § 240.79

Aggravated threat of mass harm · as in force on May 31, 2026

§ 240.79 Aggravated threat of mass harm.

1. A person is guilty of aggravated threat of mass harm when such person engages in conduct as defined in section 240.78 of this article and has made any overt act in furtherance of the commission of such crime.

2. For purposes of this section, an overt act may include making a plan to carry out such threat, compiling a list of targets, possession of any weapon or device that can be used to carry out such threat, or other preparatory action.

Aggravated threat of mass harm is a class A misdemeanor.

Official sourcehttps://www.nysenate.gov/legislation/laws/PEN/240.79

In plain English

(1) Committing a threat of mass harm under § 240.78 and taking an overt step toward carrying it out is aggravated threat of mass harm.
(2) An overt act can include making a plan, compiling targets, possessing a usable weapon or device, or another preparatory act. ★

The offense is a class A misdemeanor.

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.

In print

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.