Section 240.31. Aggravated harassment in the first degree

A  person  is guilty of aggravated harassment in the first degree when
  with intent to harass, annoy, threaten or alarm another person,  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, he or she:
    1. Damages premises primarily used for religious purposes, or acquired
  pursuant  to section six of the religious corporation law and maintained
  for purposes of religious instruction, and the damage  to  the  premises
  exceeds fifty dollars; or
    2.  Commits the crime of aggravated harassment in the second degree in
  the manner proscribed by the provisions of subdivision three of  section
  240.30 of this article and has been previously convicted of the crime of
  aggravated harassment in the second degree for the commission of conduct
  proscribed  by  the provisions of subdivision three of section 240.30 or
  he or she has been previously  convicted  of  the  crime  of  aggravated
  harassment in the first degree within the preceding ten years; or
    3. Etches, paints, draws upon or otherwise places a swastika, commonly
  exhibited  as  the emblem of Nazi Germany, on any building or other real
  property, public or private, owned by any person, firm or corporation or
  any public agency or instrumentality, without express permission of  the
  owner or operator of such building or real property;
    4. Sets on fire a cross in public view; or
    5. Etches, paints, draws upon or otherwise places or displays a noose,
  commonly  exhibited  as  a  symbol  of  racism  and intimidation, on any
  building or other real property, public or private, owned by any person,
  firm or corporation or any public  agency  or  instrumentality,  without
  express  permission  of  the  owner or operator of such building or real
  property.
    Aggravated harassment in the first degree is a class E felony.