Section 240.70. Criminal interference with health care services or religious worship in the second degree  


Latest version.
  • 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.