onecle - legal research

Court Opinions

State Laws

US Code

US Constitution

New York Penal - Article 240 - § 240.30 Aggravated Harassment in the Second Degree

Legal Research Home > New York Laws > Penal > New York Penal - Article 240 - § 240.30 Aggravated Harassment in the Second Degree


Penal 
 
  § 240.30 Aggravated harassment in the second degree.
    A person is guilty of aggravated harassment in the second degree when,
  with  intent  to  harass, annoy, threaten or alarm another person, he or
  she:
    1. Either (a) communicates with a person, anonymously or otherwise, by
  telephone, by telegraph, or by mail, or by  transmitting  or  delivering
  any  other  form  of  written communication, in a manner likely to cause
  annoyance or alarm; or
    (b) causes a communication to be initiated by mechanical or electronic
  means  or  otherwise  with  a  person,  anonymously  or  otherwise,   by
  telephone,  by  telegraph,  or by mail, or by transmitting or delivering
  any other form of written communication, in a  manner  likely  to  cause
  annoyance or alarm; or
    2.  Makes a telephone call, whether or not a conversation ensues, with
  no purpose of legitimate communication; or
    3. Strikes, shoves, kicks, or otherwise  subjects  another  person  to
  physical  contact,  or attempts or threatens to do the same because of a
  belief or perception  regarding  such  person's  race,  color,  national
  origin,  ancestry, gender, religion, religious practice, age, disability
  or sexual orientation, regardless of whether the belief or perception is
  correct; or
    4. Strikes, shoves, kicks or  otherwise  subjects  another  person  to
  physical  contact thereby causing physical injury to such person or to a
  family or household member of such person as defined in  section  530.11
  of the criminal procedure law.
    5.  Commits  the  crime  of  harassment  in  the  first degree and has
  previously been convicted of the crime of harassment in the first degree
  as defined by section 240.25 of this article within  the  preceding  ten
  years.
    6.  For  the  purposes  of  subdivision  one of this section, "form of
  written communication" shall include, but not be limited to, a recording
  as defined in subdivision six of section 275.00 of this part.
    Aggravated harassment in the second degree is a class A misdemeanor.
Section:  Previous  240.08  240.10  240.15  240.20  240.21  240.25  240.26  240.30  240.31  240.32  240.35  240.36  240.37  240.40  240.45  Next

Last modified: February 16, 2014