CJI2d[NY] Penal Law § 240.69

Under our law, a person is guilty of Criminal Interference with Access to a Place of Religious Worship when, with respect to an individual who was [or is] seeking to enter into or exit from a place of religious worship, that person:

Select appropriate alternative:

knowingly or intentionally obstructs or otherwise interferes with the entryway into or exit from a place of religious worship for the purpose of rendering passage by that individual unreasonably difficult or hazardous.

By that definition, the obstruction or interference must be done knowingly or intentionally and the actor’s state of mind, purpose, in doing so must be to render passage unreasonably difficult or hazardous. The obstruction or interference need not necessarily render passage unreasonably difficult or hazardous; only the actor’s state of mind, purpose, in knowingly or intentionally obstructing or interfering with the passage must be to render the passage unreasonably difficult or hazardous.

or alternative two:

within fifty feet of a place of religious worship, knowingly or intentionally engages in a course of conduct that places that individual in reasonable fear for their safety.

Note: Penal Law § 240.69(2) and (3) authorize law enforcement to extend the “security perimeter” beyond the 50 feet under the circumstances set forth in those subdivisions. If that was done, this instruction will need to be adjusted accordingly.

The following terms used in that definition have a special meaning:

Select appropriate alternative:

Intent means conscious objective or purpose.¹ Thus, a person INTENTIONALLY obstructs or otherwise interferes with the entryway into or exit from a place of religious worship when that person's conscious objective or purpose is to do so.

or for alternative two

Intent means conscious objective or purpose. Thus, a person INTENTIONALLY engages in a course of conduct that places an individual in reasonable fear for their safety when that person's conscious objective or purpose is to do so.

Select appropriate alternative:

A person KNOWINGLY² obstructs or otherwise interferes with the entryway into or exit from a place of religious worship when that person is aware of doing so.

or for alternative two

A person KNOWINGLY engages in a course of conduct that places an individual in reasonable fear for their safety when that person is aware of doing so.

Note: Portions of the following definition of Place Of Religious Worship which do not pertain to the evidence may be omitted:

PLACE OF RELIGIOUS WORSHIP means any building or structure that a reasonable person would know that religious adherents collectively recognize as a place to regularly gather for or hold religious services, observance, prayer, assembly, education, instruction, or devotional practice, including community centers, and shall include its entrance, entryway, exit, parking lot, parking lot entrance, driveway, driveway entrance, or sidewalk that touches such places.³

Add if alternative two applies:

A COURSE OF CONDUCT requires a series of acts, not an isolated act.⁴

An individual is placed in REASONABLE FEAR for their safety when a reasonable person in the same situation as that individual would fear for their safety. ⁵

In order for you to find the defendant guilty of this offense, the People are required to prove, from all the evidence in the case, beyond a reasonable doubt, both of the following (specify number) elements:

Select appropriate alternative:

Alternative I

1. That on or about (date), in the County of (County), an individual was seeking to enter into [or exit from] a place of religious worship;

2. That the defendant obstructed or otherwise interfered with the entryway into [or exit from] a place of religious worship; and

3. That the defendant (defendant’s name) did so knowingly or intentionally; and

4. That the defendant did so for the purpose of rendering passage of that individual unreasonably difficult or hazardous.

If you find the People have proven beyond a reasonable doubt each of those elements, you must find the defendant guilty.

If you find the People have not proven beyond a reasonable doubt any one or more of those elements, you must find the defendant not guilty.

Alternative II

1. That on or about (date), in the County of (County), an individual was seeking to enter into [or exit] from a place of religious worship; and

2. That within fifty feet from the place of religious worship, the defendant (defendant’s name) knowingly or intentionally engaged in a course of conduct that placed that individual in reasonable fear for their safety.

If you find the People have proven beyond a reasonable doubt both of those elements, you must find the defendant guilty of this crime.

If you find the People have not proven beyond a reasonable doubt either one or both of those elements, you must find the defendant not guilty of this crime.