New York Consolidated Laws

N.Y. Penal Law § 490.25 (2026)

Crime of terrorism

✓ current as of May 2026

Find cases: SyfertCases citing this section NY-LEGnysenate.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

§ 490.25 Crime of terrorism.
  1. A person is guilty of a crime of terrorism when, with intent to
intimidate or coerce a civilian population, influence the policy of a
unit of government by intimidation or coercion, or affect the conduct of
a unit of government by murder, assassination or kidnapping, he or she
commits a specified offense.
  2. Sentencing.
  (a) When a person is convicted of a crime of terrorism pursuant to
this section, and the specified offense is a class B, C, D or E felony
offense, the crime of terrorism shall be deemed a violent felony
offense.
  (b) When a person is convicted of a crime of terrorism pursuant to
this section, and the specified offense is a class C, D or E felony
offense, the crime of terrorism shall be deemed to be one category
higher than the specified offense the defendant committed, or one
category higher than the offense level applicable to the defendant's
conviction for an attempt or conspiracy to commit the offense, whichever
is applicable.
  (c) When a person is convicted of a crime of terrorism pursuant to
this section, and the specified offense is a class B felony offense, the
crime of terrorism shall be deemed a class A-I felony offense and the
sentence imposed upon conviction of such offense shall be in accordance
with section 70.00 of this chapter.
  (d) Notwithstanding any other provision of law, when a person is
convicted of a crime of terrorism pursuant to this section, and the
specified offense is a class A-I felony offense, the sentence upon
conviction of such offense shall be life imprisonment without parole;
provided, however, that nothing herein shall preclude or prevent a
sentence of death when the specified offense is murder in the first
degree as defined in section 125.27 of this chapter.

Notes of Decisions

Cited in 9 cases (2 in the last 5 years), 2007–2025 · leading case: People v. Morales, 982 N.E.2d 580 (NY 2012).

Sort: Relevance Newest Treatment

People v. Morales, 982 N.E.2d 580 (NY 2012). · cites it 6× “The result was Penal Law article 490 and, among its provisions, was the new “crime of terrorism” (Penal Law § 490.25). It occurs when a person “commits a specified offense” with the “intent to intimidate or coerce a civilian population, influence the policy of a unit of…”

People v. Pimentel, 2017 NY Slip Op 2891 (N.Y. App. Div. 2017). · cites it 3× “Although defendant made a valid waiver of his right to appeal (see People v Ramos, 7 NY3d 737 [2006]), we find that his challenges to the statute defining “a crime of terrorism” (Penal Law § 490.25 [1]) are within the category of claims that are “unwaivable as part of a plea…”

People v. Morales, 86 A.D.3d 147 (N.Y. App. Div. 2011). · cites it 14× “Penal Law § 490.25 (1) provides, in pertinent part, that a person is guilty of a “crime of terrorism” when he or she commits a “specified offense” as defined in Penal Law § 490.”

People v. Taylor, 878 N.E.2d 969 (NY 2007). · cites it 2× “00 [5]); and the crimes of terrorism where the underlying offense is a class A-I felony, or when there is possession of a chemical or biological weapon in the first degree, or use of a chemical or biological weapon in the first degree ( see L 2004, ch 1 [creating the State…”

People v. Morales, 81 A.D.3d 1 (N.Y. App. Div. 2010). · cites it 14× “Penal Law § 490.25 (1) provides, in pertinent part, that a person is guilty of a “crime of terrorism” when he or she commits a “specified offense” as defined in Penal Law § 490.”

Besser v. Walsh Phillips v. Artus Portalatin v. Graham Morris v. Artus, 601 F.3d 163 (2d Cir. 2010). “Defendants convicted of lesser felony classes (except for a terrorist offense, see N.Y. Penal Law § 490.25 (2)(c), of no pertinence here) may be subject to a maximum sentence of life imprisonment only by virtue of the PFO statute, see id.”

People v. Parker, 2025 NY Slip Op 02108 (N.Y. App. Div. 2025). · cites it 10× “Relevant here, "[a] person is guilty of a crime of terrorism when, with intent to intimidate or coerce a civilian population, influence the policy of a unit of government by intimidation or coercion, or affect the conduct of a unit of government by murder, assassination or…”

State of New Jersey Vs. Aakash a. Dalal State of New Jersey Vs. Anthony M. Graziano (13-03-0374, Bergen Cnty. & Statewide) (Consol.) (N.J. Super. Ct. App. Div. 2021). “, N.Y. Penal Law § 490.25 (2)(d) (McKinney 2001) (mandating life imprisonment without parole); Ohio Rev.”

Unknown. “Penal Law § 490.25 (2)(c), of no pertinence here) may be subject to a maximum sentence of life imprisonment only by virtue of the PFO statute, see id.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.