N.Y. PEN Law § 240.30 — New York Code / Act PEN / Part 3 / Title N / Article 240 / Section 240.30
Aggravated harassment in the second degree
Status: in_force

§ 240.30 Aggravated harassment in the second degree.\n  A person is guilty of aggravated harassment in the second degree when:\n  1. With intent to harass another person, the actor either:\n  (a) communicates, anonymously or otherwise, by telephone, by computer\nor any other electronic means, or by mail, or by transmitting or\ndelivering any other form of communication, a threat to cause physical\nharm to, or unlawful harm to the property of, such person, or a member\nof such person's same family or household as defined in subdivision one\nof section 530.11 of the criminal procedure law, and the actor knows or\nreasonably should know that such communication will cause such person to\nreasonably fear harm to such person's physical safety or property, or to\nthe physical safety or property of a member of such person's same family\nor household; or\n  (b) causes a communication to be initiated anonymously or otherwise,\nby telephone, by computer or any other electronic means, or by mail, or\nby transmitting or delivering any other form of communication, a threat\nto cause physical harm to, or unlawful harm to the property of, such\nperson, a member of such person's same family or household as defined in\nsubdivision one of section 530.11 of the criminal procedure law, and the\nactor knows or reasonably should know that such communication will cause\nsuch person to reasonably fear harm to such person's physical safety or\nproperty, or to the physical safety or property of a member of such\nperson's same family or household; or\n  2. With intent to harass or threaten another person, he or she makes a\ntelephone call, whether or not a conversation ensues, with no purpose of\nlegitimate communication; or\n  3. With the intent to harass, annoy, threaten or alarm another person,\nhe or she strikes, shoves, kicks, or otherwise subjects another person\nto physical contact, including removing a religious clothing article or\nheaddress from such person, or attempts or threatens to do the same\nbecause of a belief or perception regarding such person's race, color,\nnational origin, ancestry, gender, gender identity or expression,\nreligion, religious practice, age, disability or sexual orientation,\nregardless of whether the belief or perception is correct; or\n  3-a. With the intent to harass, annoy, threaten or alarm another\nperson, such person strikes, shoves, kicks, or otherwise subjects\nanother person to physical contact, which includes spitting on such\nother person, and such other person is a train operator, ticket\ninspector, conductor, signalperson, bus operator, station agent, station\ncleaner, terminal cleaner, station customer assistant, traffic checker;\nperson whose official duties include the sale or collection of tickets,\npasses, vouchers, or other revenue payment media for use on a train,\nbus, or ferry or the collection or handling of revenues therefrom; a\nperson whose official duties include the maintenance, repair,\ninspection, troubleshooting, testing or cleaning of buses or ferries, a\ntransit signal system, elevated or underground subway tracks, transit\nstation structure, including fare equipment, escalators, elevators and\nother equipment necessary to passenger service, commuter rail tracks or\nstations, train yard, revenue train in passenger service, a ferry\nstation, or a train or bus station or terminal; or a supervisor of such\npersonnel, employed by any transit agency, authority or company, public\nor private, whose operation is authorized by New York state or any of\nits political subdivisions while such individual is performing an\nassigned duty; or\n  4. With the intent to harass, annoy, threaten or alarm another person,\nhe or she strikes, shoves, kicks or otherwise subjects another person to\nphysical contact thereby causing physical injury to such person or to a\nfamily or household member of such person as defined in section 530.11\nof the criminal procedure law; or\n  5. He or she commits the crime of harassment in the first degree and\nhas previously been convicted of the crime of harassment in the first\ndegree as defined by section 240.25 of this article within the preceding\nten years.\n  Aggravated harassment in the second degree is a class A misdemeanor.\n