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N.Y. PEN Law § 490.28

This is the official text of N.Y. PEN Law § 490.28, part of New York’s Penal Law — defines crimes and punishments in New York.

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Domestic act of terrorism motivated by hate in the first degree

Official statutory text

§ 490.28 Domestic act of terrorism motivated by hate in the first\n degree.\n A person is guilty of the crime of domestic act of terrorism motivated\nby hate in the first degree when, acting with the intent to cause the\ndeath of, or serious physical injury to, five or more other persons, in\nwhole or in substantial part because of the perceived race, color,\nnational origin, ancestry, gender, gender identity or expression,\nreligion, religious practice, age, disability, or sexual orientation of\nsuch other person or persons, regardless of whether that belief or\nperception is correct, he or she, as part of the same criminal\ntransaction:\n 1. causes the death of at least one other person, provided that the\nvictim or victims are not a participant in the criminal transaction; and\n 2. causes or attempts to cause the death of four or more additional\nother persons, provided that the victims are not a participant in the\ncriminal transaction; and\n 3. the defendant was more than eighteen years old at the time of the\ncommission of the crime.\n Domestic act of terrorism motivated by hate in the first degree is a\nclass A-I felony.\n Notwithstanding any other provision of law, when a person is convicted\nof domestic act of terrorism motivated by hate in the first degree, the\nsentence shall be life imprisonment without parole.\n

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