2023 New York Laws › PEN - Penal › Part 3 - Specific Offenses › Title N - Offenses Against Public Order, Public Sensibilities and the Right to Privacy › Article 240 - Offenses Against Public Order › 240.30 - Aggravated Harassment in the Second Degree.

§ 240.30 Aggravated harassment in the second degree.
A person is guilty of aggravated harassment in the second degree when:
1. With intent to harass another person, the actor either:
(a)  communicates, anonymously or otherwise, by telephone, by computer
or any other electronic  means,  or  by  mail,  or  by  transmitting  or
delivering  any  other form of communication, a threat to cause physical
harm to, or unlawful harm to the property of, such person, or  a  member
of  such person's same family or household as defined in subdivision one
of section 530.11 of the criminal procedure law, and the actor knows  or
reasonably should know that such communication will cause such person to
reasonably fear harm to such person's physical safety or property, or to
the physical safety or property of a member of such person's same family
or household; or
(b)  causes  a communication to be initiated anonymously or otherwise,
by telephone, by computer or any other electronic means, or by mail,  or
by  transmitting or delivering any other form of communication, a threat
to cause physical harm to, or unlawful harm to  the  property  of,  such
person, a member of such person's same family or household as defined in
subdivision one of section 530.11 of the criminal procedure law, and the
actor knows or reasonably should know that such communication will cause
such  person to reasonably fear harm to such person's physical safety or
property, or to the physical safety or property  of  a  member  of  such
person's same family or household; or
2. With intent to harass or threaten another person, he or she makes a
telephone call, whether or not a conversation ensues, with no purpose of
legitimate communication; or
3. With the intent to harass, annoy, threaten or alarm another person,
he  or  she 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,  gender  identity  or  expression,  religion,
religious practice, age, disability or sexual orientation, regardless of
whether the belief or perception is correct; or
* 3-a.  With  the  intent  to harass, annoy, threaten or alarm another
person, such  person  strikes,  shoves,  kicks,  or  otherwise  subjects
another  person  to  physical  contact,  which includes spitting on such
other person,  and  such  other  person  is  a  train  operator,  ticket
inspector, conductor, signalperson, bus operator, station agent, station
cleaner,  terminal cleaner, station customer assistant, traffic checker;
person whose official duties include the sale or collection of  tickets,
passes,  vouchers,  or  other  revenue payment media for use on a train,
bus, or ferry or the collection or handling  of  revenues  therefrom;  a
person   whose   official   duties   include  the  maintenance,  repair,
inspection, troubleshooting, testing or cleaning of buses or ferries,  a
transit  signal  system,  elevated or underground subway tracks, transit
station structure, including fare equipment, escalators,  elevators  and
other  equipment necessary to passenger service, commuter rail tracks or
stations, train yard,  revenue  train  in  passenger  service,  a  ferry
station,  or a train or bus station or terminal; or a supervisor of such
personnel, employed by any transit agency, authority or company,  public
or  private,  whose  operation is authorized by New York state or any of
its political  subdivisions  while  such  individual  is  performing  an
assigned duty; or
* NB Effective July 19, 2024
4. With the intent to harass, annoy, threaten or alarm another person,
he or she strikes, shoves, kicks or otherwise subjects another person to
physical  contact thereby causing physical injury to such person or to a

family or household member of such person as defined in  section  530.11
of the criminal procedure law; or
5.  He  or she 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.
Aggravated harassment in the second degree is a class A misdemeanor.