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New York · 2025-2026 General Assembly
A11088Removes the deadly weapon or dangerous instrument requirement from aggravated assault upon a police officer or peace officer.
Direction
FirearmsotherAI label
↓Restricts gun accessmodel confidence 80%
Removes the requirement that serious physical injury to a police or peace officer be caused by a deadly weapon or dangerous instrument, so the offense can be charged (as a class B felony) for assaults without any weapon.
A person is guilty of aggravated assault upon a police officer or a peace officer when, with intent to cause serious physical injury to another person whom such person knows or reasonably should know to be a police officer or a peace officer engaged in the course of performing such police officer or peace officer's official duties, such person causes such injury.
Why the model tagged it this way: The bill removes the deadly-weapon-or-dangerous-instrument element from the existing aggravated-assault-upon-officer statute (Penal Law § 120.11), expanding the scope of the class-B-felony offense to include unarmed assaults that cause serious physical injury. This change does not alter rules on buying, owning, carrying or making firearms or accessories, but it does affect the treatment of assaults involving firearms (or other deadly weapons) by making the offense easier to prove when a weapon is used; the topic 'firearms/other' therefore applies. No other listed topics are substantively and,
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