Section 240.30. Aggravated harassment in the second degree  


Latest version.
  • 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, 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
        (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.
        Aggravated harassment in the second degree is a class A misdemeanor.