In New York, harassment is a criminal offense with actions intentionally aimed to annoy, alarm, or cause fear in another person. The offense can include a range of behaviors, from physical force, following someone in a public place without a legitimate reason, engaging in a course of conduct, or repeatedly committing acts that serve no legitimate purpose and thereby seriously annoying or alarming the targeted individual. New York law categorizes harassment into different degrees based on the severity and nature of the conduct, with penalties varying accordingly. State laws should protect individuals from intrusive and unwanted behaviors threatening their safety and peace of mind.
Harassment in New York can be categorized under several statutes, primarily focusing on harassment in the second degree, harassment in the first degree, aggravated harassment, and aggravated harassment in the first degree. These laws are designed to address and penalize behavior that threatens, annoys, alarms, or puts another person in fear for their safety.
- Harassment in the Second Degree (New York Penal Law §240.26): Acts classified under this section are considered a violation, not a crime, which means it is a lesser offense. A person is guilty of harassment in the second degree when, with intent to harass, annoy, or alarm another person:
- They strike, shove, kick, or otherwise subject such other person to physical contact, or attempts or threatens to do the same; or
- They follow a person in or about a public place or places or
- They engage in conduct or repeatedly commit acts that alarm or seriously annoy such other person and serve no legitimate purpose.
A conviction for harassment in the second degree could result in fines, a jail sentence of up to 15 days, or probation.
- Harassment in the First Degree (New York Penal Law §240.25): Harassment in the first degree is classified as a class B misdemeanor. This charge is more severe than second-degree harassment and involves a physical element. A person can be charged with harassment in the first degree when he or she intentionally and repeatedly harasses another person by following such person in or about a public place or places or by engaging in a course of conduct which causes such person to have a reasonable fear of physical injury.
A conviction for harassment in the first degree can lead to a sentence of up to 3 months in jail.
- Aggravated Harassment: (New York Penal Law §240.30) Aggravated harassment in New York is considered more severe. It can be charged as a misdemeanor or felony, depending on the actions’ severity and the means used (for example, telephone, electronic communication, physical contact with a higher level of danger or bias involved). A person is guilty of aggravated harassment in the second degree when they engage in specific actions intending to harass, annoy, threaten, or alarm another person. It is a class A misdemeanor if it includes behaviors like communicating with someone in a manner likely to cause annoyance or alarm, primarily if it is based on race, color, national origin, ancestry, gender, religion, religious practice, age, disability, or sexual orientation, or if the communication is designed to harass, threaten, or annoy another person.
In New York, aggravated harassment is taken seriously by law enforcement and the courts, and those found guilty can face significant legal consequences. In today’s digital age, aggravated harassment can also be accomplished through electronic means, especially in the form of cyberbullying.
Actions That Could Constitute Aggravated Harassment
- Communicating Threats: This involves communicating (anonymously or otherwise) by telephone, computer, mail, or any other electronic or non-electronic methods a threat to cause physical harm or unlawful harm to the property of the person or a member of their family or household. The critical aspect here is that the communication should cause the person to fear for their safety or property.
- Telephone Calls With No Legitimate Purpose: Making a telephone call intending to harass or threaten another person without any legitimate communication purpose.
- Physical Contact or Threats Based on Discrimination: This includes striking, shoving, kicking, or otherwise subjecting another person to physical contact or threatening to do so, motivated by discrimination based on race, color, national origin, ancestry, gender, gender identity or expression, religion, religious practice, age, disability, or sexual orientation.
- Physical Contact Causing Injury: Striking, shoving, kicking, or otherwise subjecting another person to physical contact, thereby causing physical injury.
- Repeated Harassment Offenses: Committing the crime of harassment in the first degree, with a prior conviction of the same offense within the preceding ten years.
- Aggravated Harassment in the First Degree (New York Penal Law §240.31) is classified as a class E felony, typically involving more severe actions, such as the use of dangerous or deadly weapons to intimidate or harm another person.
Legal Consequences Of Harassment
The consequences of harassment convictions in New York can include jail time, probation, fines, and restraining orders. The severity of the penalties generally depends on the degree of the charge, prior convictions, and the case’s specific circumstances.
Legal Defenses To Harassment Charges
Legal defenses against harassment charges may include proving the absence of intent to harass, annoy, or alarm, demonstrating that the alleged victim’s fear was unreasonable, or establishing that the defendant’s actions had a legitimate purpose.
It is essential for individuals facing harassment charges to consult with a criminal law attorney who can provide advice tailored to their specific situation. New York’s laws on harassment are complex, and the consequences of a conviction can be significant. Suppose you find yourself in criminal trouble due to a harassment charge. In that case, you must contact an experienced criminal law attorney in Long Island or throughout the New York Metropolitan area who can powerfully assist you with your defense. Contact Michael A. Arbeit, PC, to help ensure that your rights are protected and that we provide you with a proper defense should you need it.
Michael A. Arbeit, P.C. assists clients throughout Long Island including Nassau County, Suffolk County, Garden City, and New York, including Queens, Brooklyn, Manhattan, Staten Island, and The Bronx.
S 240.26 Harassment in the second degree.
A person is guilty of harassment in the second degree when, with
intent to harass, annoy or alarm another person:
1. He or she strikes, shoves, kicks or otherwise subjects such other
person to physical contact, or attempts or threatens to do the same; or
2. He or she follows a person in or about a public place or places; or
3. He or she engages in a course of conduct or repeatedly commits acts
which alarm or seriously annoy such other person and which serve no
legitimate purpose.
Subdivisions two and three of this section shall not apply to
activities regulated by the national labor relations act, as amended,
the railway labor act, as amended, or the federal employment labor
management act, as amended.
Harassment in the second degree is a violation.
S 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, or by telegraph, mail or 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, or by telegraph, mail or 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. 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.
5. 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.
S 240.31 Aggravated harassment in the first degree.
A person is guilty of aggravated harassment in the first degree when
with intent to harass, annoy, threaten or alarm another person, 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, he or she:
1. Damages premises primarily used for religious purposes, or acquired
pursuant to section six of the religious corporation law and maintained
for purposes of religious instruction, and the damage to the premises
exceeds fifty dollars; or
2. Commits the crime of aggravated harassment in the second degree in
the manner proscribed by the provisions of subdivision three of section
240.30 of this article and has been previously convicted of the crime of
aggravated harassment in the second degree for the commission of conduct
proscribed by the provisions of subdivision three of section 240.30 or
he has been previously convicted of the crime of aggravated harassment
in the first degree within the preceding ten years.
3. Etches, paints, draws upon or otherwise places a swastika, commonly
exhibited as the emblem of Nazi Germany, on any building or other real
property, public or private, owned by any person, firm or corporation or
any public agency or instrumentality, without express permission of the
owner or operator of such building or real property;
4. Sets on fire a cross in public view; or
5. Etches, paints, draws upon or otherwise places or displays a noose,
commonly exhibited as a symbol of racism and intimidation, on any
building or other real property, public or private, owned by any person,
firm or corporation or any public agency or instrumentality, without
express permission of the owner or operator of such building or real
property.
Aggravated harassment in the first degree is a class E felony.
S 240.32 Aggravated harassment of an employee by an inmate.
An inmate or respondent is guilty of aggravated harassment of an
employee by an inmate when, with intent to harass, annoy, threaten or
alarm a person in a facility whom he or she knows or reasonably should
know to be an employee of such facility or the board of parole or the
office of mental health, or a probation department, bureau or unit or a
police officer, he or she causes or attempts to cause such employee to
come into contact with blood, seminal fluid, urine or feces, by
throwing, tossing or expelling such fluid or material.
For purposes of this section, “inmate” means an inmate or detainee in
a correctional facility, local correctional facility or a hospital, as
such term is defined in subdivision two of section four hundred of the
correction law. For purposes of this section, “respondent” means a
juvenile in a secure facility operated and maintained by the office of
children and family services who is placed with or committed to the
office of children and family services. For purposes of this section,
“facility” means a correctional facility or local correctional facility,
hospital, as such term is defined in subdivision two of section four
hundred of the correction law, or a secure facility operated and
maintained by the office of children and family services.
Aggravated harassment of an employee by an inmate is a class E felony.