Bill Would Increase Penalties for Political Violence

New York State Senator Monica Martinez (D-Brentwood) and Assemblyman Keith Brown (R,C-Northport) announced on August 1 that they will jointly sponsor legislation this upcoming session to increase penalties for assaulting, stalking or harassing elected officials in New York state. The measure, which amends the state’s penal law, seeks to address a growing trend of threats and violence directed toward public servants at every level of government.

The legislation expands existing protections currently afforded to judges, adding elected officials, from school and library board members to town supervisors, mayors, legislators and state representatives, to the list of individuals shielded under enhanced penalties for assault and harassment.

Public service has always been rooted in the belief that our communities are worth fighting for, but that fight must be through ideas and not intimidation,” Martinez said. “This legislation sends a clear message that targeting elected officials for doing their jobs is a threat to our values and weakens all of us. It also serves as a reminder that in New York, when partisan passion turns into provocation, there will be consequences.”

“Public officials should not have to fear for their safety or that of their families while carrying out the duties entrusted to them by their constituents,” Brown said. “The rise in threats, harassment, and physical violence against elected officials is alarming, and we must take decisive action to ensure those who target our public servants face serious consequences.”

The bill creates new classifications of crimes, including:

  • Assault and Aggravated Assault on an Elected Official – elevating penalties when an official is attacked with intent to prevent them from performing their official duties.
  • Stalking an Elected Official – a newly defined Class D felony, covering conduct that would constitute stalking in the second or third degree when the victim is an elected official or an immediate family member.
  • Aggravated Harassment of an Elected Official – a Class E felony covering threats, harassment, bias-motivated actions, physical injury, criminal trespass and repeat harassment against officials or their families.

The lawmakers pointed to recent national studies highlighting the escalating nature of these threats. A 2023 Brennan Center survey found more than 40% of state legislators and nearly one in five local officeholders reported being threatened or attacked within the last three years. When harassment, including stalking, was factored in, the numbers jumped to 89% for state legislators and 52% for local officials.

“By strengthening penalties, we are sending a clear message: New York will not tolerate violence, harassment or intimidation against those chosen to serve the public,” Brown said.