§ 120.13 Menacing in the first degree.
A person is guilty of menacing in the first degree when he or she
commits the crime of menacing in the second degree and has been
previously convicted of the crime of menacing in the second degree or
the crime of menacing a police officer or peace officer within the
preceding ten years.
Menacing in the first degree is a class E felony.
§ 120.14 Menacing in the second degree.
A person is guilty of menacing in the second degree when:
1. He or she intentionally places or attempts to place another person
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
2. He or she repeatedly follows a person or engages in a course of
conduct or repeatedly commits acts over a period of time intentionally
placing or attempting to place another person in reasonable fear of
physical injury, serious physical injury or death; or
3. He or she commits the crime of menacing in the third degree in
violation of that part of a duly served order of protection, or such
order which the defendant has actual knowledge of because he or she was
present in court when such order was issued, pursuant to article eight
of the family court act, 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 directed the
respondent or defendant to stay away from the person or persons on whose
behalf the order was issued.
Menacing in the second degree is a class A misdemeanor.
§ 120.15 Menacing in the third degree.
A person is guilty of menacing in the third degree when, by physical
menace, he or she intentionally places or attempts to place another
person in fear of death, imminent serious physical injury or physical
injury.
Menacing in the third degree is a class B misdemeanor.
§ 120.18 Menacing a police officer or peace officer.
A person is guilty of menacing a police officer or peace officer when
he or she intentionally places or attempts to place a police officer or
peace officer in reasonable fear of physical injury, serious physical
injury or death by displaying a deadly weapon, knife, pistol, revolver,
rifle, shotgun, machine gun or other firearm, whether operable or not,
where such officer was in the course of performing his or her official
duties and the defendant knew or reasonably should have known that such
victim was a police officer or peace officer.
Menacing a police officer or peace officer is a class D felony.