LAWS OF NEW YORK, 2005
1 AN ACT to amend the penal law, in relation to inciting to riot in the
2 first degree
4 Became a law July 26, 2005, with the approval of the Governor.
5 Passed by a majority vote, three-fifths being present.
7 The People of the State of New York, represented in Senate and Assem-
8 bly, do enact as follows:
10 Section 1. Section 240.06 of the penal law, as added by chapter 791 of
11 the laws of 1967, is amended to read as follows:
12 § 240.06 Riot in the first degree.
13 A person is guilty of riot in the first degree when [
14 [ ly] he:
15 1. Simultaneously with ten or more other persons [ he], engages in
16 [ tumultouous] tumultuous and violent conduct and thereby intentionally
17 or recklessly causes or creates a grave risk of causing public alarm,
18 and [ (b)] in the course of and as a result of such conduct, a person
19 other than one of the participants suffers physical injury or substan-
20 tial property damage occurs; or
21 2. While in a correctional facility, as that term is defined in subdi-
22 vision four of section two of the correction law, simultaneously with
23 ten or more other persons, engages in tumultuous and violent conduct and
24 thereby intentionally or recklessly causes or creates a grave risk of
25 causing alarm within such correctional facility and in the course of and
26 as a result of such conduct, a person other than one of the participants
27 suffers physical injury or substantial property damage occurs.
28 Riot in the first degree is a class E felony.
29 § 2. This act shall take effect on the first of November next succeed-
30 ing the date on which it shall have become a law.
32 The Legislature of the STATE OF NEW YORK ss:
33 Pursuant to the authority vested in us by section 70-b of the Public
34 Officers Law, we hereby jointly certify that this slip copy of this
35 session law was printed under our direction and, in accordance with such
36 section, is entitled to be read into evidence.
38 JOSEPH L. BRUNO SHELDON SILVER
39 Temporary President of the Senate Speaker of the Assembly
44 EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law
45 to be omitted.