New York Consolidated Laws, Penal Law - PEN § 240.78 Making a threat of mass harm

1. A person is guilty of making a threat of mass harm when with the intent to intimidate a group of people or to create public alarm, such person threatens to inflict or cause to be inflicted, serious physical injury or death at a school, place of worship, business, government building, or other place of assembly, and thereby causes a reasonable expectation or fear of serious physical injury or death, or causes the evacuation or lockdown of a school, place of worship, business, government building, or other place of assembly.

2. It shall be no defense to a prosecution pursuant to this section that the defendant did not have the intent or capability of committing the conduct threatened.

Making a threat of mass harm is a class B misdemeanor.