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Harassment Charges in NY

Criminal Background Check FormHow is Harassment Defined?

Harassment is charged when an individual is believed to purposely act to criminally harass, annoy or alarm their victim. This includes “virtual” actions such as cyber stalking and cyber crime.

New York State Outlines Four Types of Harassment

1. Harassment in the First Degree – NY Penal Law 240.25

Harassment in the first degree is a class B misdemeanor.

In New York, a defendant is guilty of harassment in the first degree when they intentionally and repeatedly harass another person. This includes following that person in, or around, public places or by course of conduct or repeatedly committing acts which places the victim in reasonable fear of physical injury.

This law does not apply to activities regulated by the national labor relations act, railway labor act, or federal employment labor management act, as amended.

2. Harassment in the Second Degree – NY Penal Law 240.26

Harassment in the second degree is a violation.

In New York, a defendant is guilty of harassment in the second degree when, with intent to harass, annoy or alarm another person in or about public places; they engage in conduct or repeatedly commit acts which alarm or seriously annoy the victim and serve no legitimate purpose.

Subdivisions two and three of this section do not apply to activities regulated by the national labor relations act, railway labor act, or federal employment labor management act, as amended

3. Aggravated Harassment in the Second Degree – NY Penal Law 240.30

Aggravated harassment in the second degree is a class A misdemeanor.

In New York, one 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;
(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) 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.

4. Criminal Nuisance in the second degree – NY Penal Law 240.45

Criminal nuisance in the second degree is a class B misdemeanor.

In New York, one is guilty of criminal nuisance in the second degree when:

(1) By conduct either unlawful or in itself or unreasonable under all the circumstances, he knowingly or recklessly creates or maintains a condition which endangers the safety or health of a considerable number of persons; or
(2) He knowingly conducts or maintains any premises, place or resort where persons gather for the purposes of engaging in unlawful conduct.

5. Criminal Nuisance in the first degree – NY Penal Law 240.46

A person is guilty of criminal nuisance in the first degree when he knowingly conducts or maintains any premises, place or resort where persons come or gather for purposes of engaging in the unlawful sale of controlled substances in violation of section 220.39, 220.41, or 220.43 of this chapter, and thereby derives the benefit from such unlawful conduct. Criminal nuisance in the first degree is a class E felony.

E. Stewart Jones Hacker Murphy is one of the most reputable and respected law firms in Upstate New York. We are proud to be experienced Criminal Defense Lawyers delivering results for our clients since 1898.

Contact us today for a free phone consultation or a confidential in-person meeting with our attorneys at one of our convenient offices in Albany, Latham, Troy or Saratoga Springs.

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