A 2136: Establishes the crime of assault on a food delivery person as a class E felony; defines a food delivery person to mean a person employed by a restaurant, or put into service by a restaurant, retail food store licensed by the department of agriculture and markets, or a third party vendor, to deliver food or other goods pursuant to an order placed by a customer.

  
  STATE OF NEW YORK ________________________________________________________________________ 2136 2025-2026 Regular Sessions  IN ASSEMBLY January 15, 2025 ___________ Introduced by M. of A. DE LOS SANTOS -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to assault on a food delivery person The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The penal law is amended by adding a new section 120.19-a 2 to read as follows: 3 § 120.19-a Assault on a food delivery person. 4 1. A person is guilty of assault on a food delivery person when, with 5 the intent to prevent a food delivery person from performing an act 6 within the scope of such person's employment, such person causes phys- 7 ical injury to such food delivery person and the person knew or reason- 8 ably should have known that such individual was a food delivery person; 9 or 10 2. Strikes, shoves, kicks, or otherwise subjects a food delivery 11 person to physical contact, which includes spitting on such food deliv- 12 ery person, and the person knew or reasonably should have known that 13 such individual was a food delivery person. 14 3. For purposes of this section: 15 (a) "food delivery person" shall mean a person employed by a restau- 16 rant, or put into service by a restaurant, retail food store licensed by 17 the department of agriculture and markets, or a third party vendor, to 18 deliver food or other goods pursuant to an order placed by a customer. 19 (b) "restaurant" means any coffee shop, cafeteria, luncheonette, sand- 20 wich stand, diner, short order cafe, fast food establishment, soda foun- 21 tain, bubble tea shop, food stand, food truck, and any other eating or 22 beverage establishment which provides food delivery service as an adver- 23 tised part of its business operation or contracts food delivery services 24 through a third party vendor. 25 Assault on a food delivery person is a class E felony. 26 § 2. This act shall take effect on the ninetieth day after it shall 27 have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03343-02-5