NY State — NY Penal Law

§ 490.28 — Domestic act of terrorism motivated by hate in the first degree

Brooklyn since 2014All five boroughsSame-day response during business hours

Statute text reproduced from nysenate.gov. Not attorney-reviewed for your situation — for reference only.

Nacmias Law Firm does not practice criminal defense. For charges or pending criminal cases, consult a criminal defense attorney.

What is NY PL § 490.28?

Quick Answer

degree. A person is guilty of the crime of domestic act of terrorism motivated by hate in the first 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, gende

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

§ 490.28 Domestic act of terrorism motivated by hate in the first degree

PL § 490.28

§ 490.28 Domestic act of terrorism motivated by hate in the first

degree.

A person is guilty of the crime of domestic act of terrorism motivated by hate in the first 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 person or persons, regardless of whether that belief or perception is correct, he or she, as part of the same criminal transaction:

1.causes the death of at least one other person, provided that the victim or victims are not a participant in the criminal transaction; and

2.causes or attempts to cause the death of four or more additional other persons, provided that the victims are not a participant in the criminal transaction; and

3.the defendant was more than eighteen years old at the time of the commission of the crime.

Domestic act of terrorism motivated by hate in the first degree is a class A-I felony.

Notwithstanding any other provision of law, when a person is convicted of domestic act of terrorism motivated by hate in the first degree, the sentence shall be life imprisonment without parole.

Common Questions

Our team

Meet the people you will work with

Free case review

Talk to an attorney before you act on NYC code.

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters