§ 240.70 Criminal interference with health care services or religious
worship in the second degree.
1. A person is guilty of criminal interference with health services or
religious worship in the second degree when:
(a) by force or threat of force or by physical obstruction, he or she
intentionally injures, intimidates or interferes with, or attempts to
injure, intimidate or interfere with, another person because such other
person was or is obtaining or providing reproductive health services; or
(b) by force or threat of force or by physical obstruction, he or she
intentionally injures, intimidates or interferes with, or attempts to
injure, intimidate or interfere with, another person in order to
discourage such other person or any other person or persons from
obtaining or providing reproductive health services; or
(c) by force or threat of force or by physical obstruction, he or she
intentionally injures, intimidates or interferes with, or attempts to
injure, intimidate or interfere with, another person because such person
was or is seeking to exercise the right of religious freedom at a place
of religious worship; or
(d) he or she intentionally damages the property of a health care
facility, or attempts to do so, because such facility provides
reproductive health services, or intentionally damages the property of a
place of religious worship.
2. A parent or legal guardian of a minor shall not be subject to
prosecution for conduct otherwise prohibited by paragraph (a) or (b) of
subdivision one of this section which is directed exclusively at such
minor.
3. For purposes of this section:
(a) the term “health care facility” means a hospital, clinic,
physician’s office or other facility that provides reproductive health
services, and includes the building or structure in which the facility
is located;
(b) the term “interferes with” means to restrict a person’s freedom of
movement;
(c) the term “intimidates” means to place a person in reasonable
apprehension of physical injury to himself or herself or to another
person;
(d) the term “physical obstruction” means rendering impassable ingress
to or egress from a facility that provides reproductive health services
or to or from a place of religious worship, or rendering passage to or
from such a facility or place of religious worship unreasonably
difficult or hazardous; and
(e) the term “reproductive health services” means health care services
provided in a hospital, clinic, physician’s office or other facility and
includes medical, surgical, counseling or referral services relating to
the human reproductive system, including services relating to pregnancy
or the termination of a pregnancy.
Criminal interference with health care services or religious worship
in the second degree is a class A misdemeanor.
