N.Y. PEN Law § 215.51 — New York Code / Act PEN / Part 3 / Title L / Article 215 / Section 215.51
Criminal contempt in the first degree
Status: in_force

§ 215.51 Criminal contempt in the first degree.\n  A person is guilty of criminal contempt in the first degree when:\n  (a) he contumaciously and unlawfully refuses to be sworn as a witness\nbefore a grand jury, or, when after having been sworn as a witness\nbefore a grand jury, he refuses to answer any legal and proper\ninterrogatory; or\n  (b) in violation of a duly served order of protection, or such order\nof which the defendant has actual knowledge because he or she was\npresent in court when such order was issued, or an order of protection\nissued by a court of competent jurisdiction in this or another state,\nterritorial or tribal jurisdiction, he or she:\n  (i) intentionally places or attempts to place a person for whose\nprotection such order was issued in reasonable fear of physical injury,\nserious physical injury or death by displaying a deadly weapon,\ndangerous instrument or what appears to be a pistol, revolver, rifle,\nshotgun, machine gun or other firearm or by means of a threat or\nthreats; or\n  (ii) intentionally places or attempts to place a person for whose\nprotection such order was issued in reasonable fear of physical injury,\nserious physical injury or death by repeatedly following such person or\nengaging in a course of conduct or repeatedly committing acts over a\nperiod of time; or\n  (iii) intentionally places or attempts to place a person for whose\nprotection such order was issued in reasonable fear of physical injury,\nserious physical injury or death when he or she communicates or causes a\ncommunication to be initiated with such person by mechanical or\nelectronic means or otherwise, anonymously or otherwise, by telephone,\nor by telegraph, mail or any other form of written communication; or\n  (iv) with intent to harass, annoy, threaten or alarm a person for\nwhose protection such order was issued, repeatedly makes telephone calls\nto such person, whether or not a conversation ensues, with no purpose of\nlegitimate communication; or\n  (v) with intent to harass, annoy, threaten or alarm a person for whose\nprotection such order was issued, strikes, shoves, kicks or otherwise\nsubjects such other person to physical contact or attempts or threatens\nto do the same; or\n  (vi) by physical menace, intentionally places or attempts to place a\nperson for whose protection such order was issued in reasonable fear of\ndeath, imminent serious physical injury or physical injury.\n  (c) he or she commits the crime of criminal contempt in the second\ndegree as defined in subdivision three of section 215.50 of this article\nby violating that part of a duly served order of protection, or such\norder of which the defendant has actual knowledge because he or she was\npresent in court when such order was issued, under sections two hundred\nforty and two hundred fifty-two of the domestic relations law, articles\nfour, five, six and eight of the family court act and section 530.12 of\nthe criminal procedure law, or an order of protection issued by a court\nof competent jurisdiction in another state, territorial or tribal\njurisdiction, which requires the respondent or defendant to stay away\nfrom the person or persons on whose behalf the order was issued, and\nwhere the defendant has been previously convicted of the crime of\naggravated criminal contempt or criminal contempt in the first or second\ndegree for violating an order of protection as described herein within\nthe preceding five years; or\n  (d) in violation of a duly served order of protection, or such order\nof which the defendant has actual knowledge because he or she was\npresent in court when such order was issued, or an order issued by a\ncourt of competent jurisdiction in this or another state, territorial or\ntribal jurisdiction, he or she intentionally or recklessly damages the\nproperty of a person for whose protection such order was issued in an\namount exceeding two hundred fifty dollars.\n  Criminal contempt in the first degree is a class E felony.\n