New York Consolidated Laws

N.Y. Penal Law § 490.27 (2026)

Domestic act of terrorism motivated by hate in the second degree

✓ current as of May 2026
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§ 490.27 Domestic act of terrorism motivated by hate in the second
           degree.
  A person is guilty of the crime of domestic act of terrorism motivated
by hate in the second degree when, acting with the intent to cause the
death of, or serious physical injury to, five or more other persons, in
whole or in substantial part because of the perceived race, color,
national origin, ancestry, gender, gender identity or expression,
religion, religious practice, age, disability, or sexual orientation of
such other persons, regardless of whether that belief or perception is
correct, he or she, as part of the same criminal transaction, attempts
to cause the death of, or serious physical injury to, such five or more
persons, provided that the victims are not participants in the criminal
transaction.
  Domestic act of terrorism motivated by hate in the second degree is a
class A-I felony.
Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2024–2025 · leading case: People ex rel. Ellis v. Imperati, 2025 NY Slip Op 03646 (NY 2025).
People ex rel. Ellis v. Imperati, 2025 NY Slip Op 03646 (NY 2025). · cites it 8× “10 [4] [d] [deeming bail-eligible certain "class A felon[ies] defined in the penal law" including violations of Penal Law §§ 490.27, 490.28, 490.45, 490.”
People ex rel. Ellis v. Imperati, 2024 NY Slip Op 02269 (N.Y. App. Div. 2024). “Penal Law §§ 490.27, 490.28), which are qualifying offenses pursuant to CPL 510.”
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