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New York Penal - Article 215 - § 215.51 Criminal Contempt in the First Degree

Legal Research Home > New York Laws > Penal > New York Penal - Article 215 - § 215.51 Criminal Contempt in the First Degree


Penal 
 
  § 215.51 Criminal contempt in the first degree.
    A person is guilty of criminal contempt in the first degree when:
    (a)  he contumaciously and unlawfully refuses to be sworn as a witness
  before a grand jury, or, when after  having  been  sworn  as  a  witness
  before  a  grand  jury,  he  refuses  to  answer  any  legal  and proper
  interrogatory; or
    (b) in violation of a duly served order of protection, or  such  order
  of  which  the  defendant  has  actual  knowledge  because he or she was
  present in court when such order was issued, or an order  of  protection
  issued  by  a  court of competent jurisdiction in this or another state,
  territorial or tribal jurisdiction, he or she:
    (i) intentionally places or attempts  to  place  a  person  for  whose
  protection  such order was issued in reasonable fear of physical injury,
  serious  physical  injury  or  death  by  displaying  a  deadly  weapon,
  dangerous  instrument  or  what appears to be a pistol, revolver, rifle,
  shotgun, machine gun or other  firearm  or  by  means  of  a  threat  or
  threats; or
    (ii)  intentionally  places  or  attempts  to place a person for whose
  protection such order was issued in reasonable fear of physical  injury,
  serious  physical injury or death by repeatedly following such person or
  engaging in a course of conduct or repeatedly  committing  acts  over  a
  period of time; or
    (iii)  intentionally  places  or  attempts to place a person for whose
  protection such order was issued in reasonable fear of physical  injury,
  serious physical injury or death when he or she communicates or causes a
  communication  to  be  initiated  with  such  person  by  mechanical  or
  electronic means or otherwise, anonymously or otherwise,  by  telephone,
  or by telegraph, mail or any other form of written communication; or
    (iv)  with  intent  to  harass,  annoy, threaten or alarm a person for
  whose protection such order was issued, repeatedly makes telephone calls
  to such person, whether or not a conversation ensues, with no purpose of
  legitimate communication; or
    (v) with intent to harass, annoy, threaten or alarm a person for whose
  protection such order was issued, strikes, shoves,  kicks  or  otherwise
  subjects  such other person to physical contact or attempts or threatens
  to do the same; or
    (vi) by physical menace, intentionally places or attempts to  place  a
  person  for whose protection such order was issued in reasonable fear of
  death, imminent serious physical injury or physical injury.
    (c) he or she commits the crime of criminal  contempt  in  the  second
  degree as defined in subdivision three of section 215.50 of this article
  by  violating  that  part  of a duly served order of protection, or such
  order of which the defendant has actual knowledge because he or she  was
  present  in court when such order was issued, under sections two hundred
  forty and two hundred fifty-two of the domestic relations law,  articles
  four,  five, six and eight of the family court act and section 530.12 of
  the criminal procedure law, or an order of protection issued by a  court
  of  competent  jurisdiction  in  another  state,  territorial  or tribal
  jurisdiction, which requires the respondent or defendant  to  stay  away
  from  the  person  or  persons on whose behalf the order was issued, and
  where the defendant has  been  previously  convicted  of  the  crime  of
  aggravated criminal contempt or criminal contempt in the first or second
  degree  for  violating an order of protection as described herein within
  the preceding five years; or
    (d) in violation of a duly served order of protection, or  such  order
  of  which  the  defendant  has  actual  knowledge  because he or she was
  present in court when such order was issued, or an  order  issued  by  a
  court of competent jurisdiction in this or another state, territorial or

  tribal  jurisdiction,  he or she intentionally or recklessly damages the
  property of a person for whose protection such order was  issued  in  an
  amount exceeding two hundred fifty dollars.
    Criminal contempt in the first degree is a class E felony.
Section:  Previous  215.25  215.28  215.30  215.35  215.40  215.45  215.50  215.51  215.52  215.54  215.55  215.56  215.57  215.58  215.59  Next

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Last modified: February 16, 2014