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Nassau County Harassment Lawyer
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.
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Based in Freeport, NY Michael A. Arbeit, P.C. serves clients throughout Nassau County, Suffolk County, Queens County, New York County, Kings County, and Bronx County New York.
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