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New York

Protection Against Clinic Violence

Any person who:  (1) by force, threat of force, or by physical obstruction intentionally injures, intimidates, or interferes with, or attempts to injure, intimidate, or interfere with, another person because she or he was or is obtaining or providing reproductive-health services, or in order to discourage another person from obtaining or providing reproductive-health services; or (2) intentionally damages or attempts to damage the property of a health-care facility because it provides reproductive-health-care services is guilty of a misdemeanor.  Any repeat offense is a felony.

This law does not apply to a minor's parent or guardian whose conduct is directed exclusively at the minor.  The attorney general or district attorney of the county in which the affected health-care facility is located may seek injunctive relief whenever she or he has reasonable cause to believe that any person or group of persons is, has been, or may be injured by conduct violating this law.

N.Y. Penal Law §§ 240.70 to .71 (Enacted 1999); § 240.72 (Enacted 2010); N.Y. Civ. Rights Law § 79-m (Enacted 1999).

In a lawsuit against individuals who violated this clinic access law, a court noted that this law is constitutional.  New York v. Kraeger, 160 F. Supp. 2d 360 (N.D.N.Y. 2001).


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