Publication information
Source: Laws of the State of New York
Source type: government document
Document type: state law
Document title: “Chap. 371”
Author(s): State of New York
Volume number: 2
Publisher: J. B. Lyon
Place of publication: Albany, New York
Year of publication: 1902
Pagination: 958-60

 
Citation
“Chap. 371.” Laws of the State of New York. Vol. 2. Albany: J. B. Lyon, 1902: pp. 958-60.
 
Transcription
full text
 
Keywords
anarchism (laws against); anarchism (legal penalties); anarchism (government response); McKinley assassination (government response).
 
Named persons
none.
 
Notes
From title page: Laws of the State of New York, Passed at the One Hundred and Twenty-Fifth Session of the Legislature, Begun January First, 1902, and Ended March Twenty-Seventh, 1902, in the City of Albany.
 
Document

 

Chap. 371

AN ACT to amend the penal code by inserting therein five additional sections to be known as sections four hundred and sixty-eight-a, four hundred and sixty-eight-b, four hundred and sixty-eight-c, four hundred and sixty-eight-d and four hundred and sixty-eight-e, relative to criminal anarchy.

Became a law, April 3, 1902, with the approval of the Governor. Passed, a majority being present.

     The People of the State of New York, represented in Senate and Assembly, do enact as follows:


Penal code amended.

     Section 1. Title thirteen of the penal code is hereby amended by inserting therein after section four hundred and sixty-eight, five new sections to be known as sections four hundred and sixty-eight-a, four hundred and sixty-eight b, four hundred and sixty-eight-c, four hundred and sixty-eight-d and four hundred and sixty-eight-e, to read as follows: [958][959]
     § 468-a. Criminal anarchy defined.—Criminal anarchy is the doctrine that organized government should be overthrown by force or violence, or by assassination of the executive head or of any of the executive officials of government, or by any unlawful means. The advocacy of such doctrine either by word of mouth or writing is a felony.
     § 468-b. Advocacy of criminal anarchy.—Any person who:
     1. By word of mouth or writing advocates, advises or teaches the duty, necessity or propriety of overthrowing or overturning organized government by force or violence, or by assassination of the executive head or of any of the executive officials of government, or by any unlawful means; or
     2. Prints, publishes, edits, issues or knowingly circulates, sells, distributes or publicly displays any book, paper, document, or written or printed matter in any form, containing or advocating, advising or teaching the doctrine that organized government should be overthrown by force, violence or any unlawful means; or,
     3. Openly, willfully and deliberately justifies by word of mouth or writing the assassination or unlawful killing or assaulting of any executive or other officer of the United States or of any state or of any civilized nation having an organized government because of his official character, or any other crime, with intent to teach, spread or advocate the propriety of the doctrines of criminal anarchy; or
     4. Organizes or helps to organize or becomes a member of or voluntarily assembles with any society, group or assembly of persons formed to teach or advocate such doctrine; is guilty of a felony and punishable by imprisonment for not more than ten years, or by a fine of not more than five thousand dollars, or both.
     § 468-c. Liability of editors and others.—Every editor or proprietor of a book, newspaper or serial and every manager of a partnership or incorporated association by which a book, newspaper or serial is issued, is chargeable with the publication of any matter contained in such book, newspaper or serial. But in every prosecution therefor, the defendant may show in his defense that the matter complained of was published without his knowledge or fault and against his wishes, by another who [959][960] had no authority from him to make the publication and whose act was disavowed by him so soon as known.
     § 468-d. Assemblages of anarchists.—Whenever two or more persons assemble for the purpose of advocating or teaching the doctrines of criminal anarchy, as defined in section four hundred and sixty-eight-a of this title, such an assembly is unlawful, and every person voluntarily participating therein by his presence, aid or instigation, is guilty of a felony and punishable by imprisonment for not more than ten years, or by a fine of more than five thousand dollars, or both.
     § 468-e. Permitting premises to be used for assemblages of anarchists.—The owner, agent, superintendent, janitor, caretaker or occupant of any place, building or room, who willfully and knowingly permits therein any assemblage of persons prohibited by section four hundred and sixty-eight of this title, or who, after notification that the premises are so used permits such use to be continued, is guilty of a misdemeanor, and punishable by imprisonment for not more that two years, or by a fine of not more than two thousand dollars, or both.
     § 2. This act shall take effect immediately.

 

 


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