Simone Lawson
Second-degree harassment is a serious charge that can result in incarceration, a fine, or both. While it is not considered a crime in some states, such as New York, it is still classified as a misdemeanour in others, including Missouri. Aggravated harassment in the second degree is a class A misdemeanour in New York, punishable by up to a year in jail and a $1000 fine. It occurs when someone intentionally bothers another person through acts such as offensive physical touching, threatening phone calls, or following someone in a public place. These acts are intended to annoy, threaten, or cause another person to fear for their safety. In Missouri, a person commits second-degree harassment if they engage in any act with the purpose of causing emotional distress to another person without good cause.
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What You'll Learn
Offensive physical touching
In the context of second-degree harassment, offensive physical touching typically refers to unwanted physical contact that does not cause serious injury but is intended to bother or upset the victim. This can include actions such as striking, shoving, kicking, or other forms of physical contact.
In a professional setting, any physical contact beyond a handshake is generally considered unnecessary and may be deemed offensive, especially if it is unwelcome or makes the recipient uncomfortable. This can include seemingly harmless gestures such as touching a coworker's shoulder or back, which may or may not be considered offensive depending on the specific circumstances and the nature of the contact.
Courts will typically examine all surrounding facts of each case to determine if the physical touching constitutes harassment. Offensive physical touching in the workplace can create a hostile work environment, which is a form of sexual harassment. This type of harassment involves any unwelcome sexual conduct or advances that are severe or pervasive enough to alter the work environment negatively.
It is important to note that offensive physical touching may not always be considered a crime in some jurisdictions. For example, in New York, second-degree harassment is not classified as a misdemeanor or felony, but it can still result in incarceration and/or a fine, and a conviction will result in a criminal record.
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Phone stalking
In the US, phone stalking is considered aggravated harassment in the second degree, a class A misdemeanour. It is a crime that affects 7.5 million people annually, including children, and women are more than twice as likely to experience stalking than men.
The impact of phone stalking can be serious, leading to sleeping problems or issues at work or school. It can also cause victims to make changes to their daily lives, such as changing jobs or moving house. It is important to take steps to protect yourself if you are experiencing phone stalking. This can include keeping a record of the stalking and any contact with the police, reporting the stalker to the relevant authorities, and blocking messages or changing your phone number.
In the state of New York, second-degree harassment is not considered a crime, but it is still a serious matter. If found guilty, one could face incarceration and/or a fine. Under New York law, second-degree harassment becomes a felony or misdemeanour only when charged as aggravated harassment.
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Following someone in public
In the United States, following someone in public may constitute second-degree harassment, depending on the state. In New York, second-degree harassment is neither a misdemeanor nor a felony, but it is still considered a serious offence and can result in incarceration and/or a fine. Aggravated harassment in the second degree is a class A misdemeanour, with a maximum penalty of one year in jail and a $1000 fine.
In Colorado, the law prohibits anyone from following another person in a public place. This is one of the best laws in the country for addressing harassers who follow people because it does not state that the following must be repeated for it to be a crime. Similarly, in Georgia, stalking is defined as following, placing under surveillance, or contacting a non-consenting person with the purpose of harassing or intimidating them. If someone feels threatened and unsafe, they can report the incident. Unlike many other states, Georgia considers this a crime the first time it happens. Kentucky's harassment law also prohibits following another person in a public place with the intent to intimidate, harass, annoy, or alarm that person.
Other states, such as Arkansas, Arizona, Minnesota, and Pennsylvania, also have specific laws that prohibit street harassers from following someone the first time it happens, usually under their general harassment law. Every other state prohibits someone from following another person at least twice, which is considered a "course of conduct".
Street harassment includes unwanted comments, gestures, or acts directed at someone in a public space without their consent. It can involve sexually explicit remarks, sexual demands, insults, and threatening or obscene language. It can also include invading someone's privacy, such as persistently asking for personal information after being rejected.
If someone is being followed on the street and feels that their physical safety is in danger, they can go into a local business, store, coffee shop, or apartment building lobby where the harasser may be discouraged from following them, or where they can get help. They can also report the incident to law enforcement if they feel safe to do so.
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Repeatedly acting to annoy or alarm
In the context of second-degree harassment, repeatedly acting to annoy or alarm involves engaging in a pattern of behaviour that intentionally causes distress to another person. While second-degree harassment is not considered a crime in some jurisdictions, it is still a serious matter that can carry significant consequences, including fines, incarceration, and a criminal record.
To constitute second-degree harassment, the actions must serve no legitimate purpose other than to threaten, intimidate, or coerce the victim. This can include a range of behaviours, such as persistent unwanted communication through phone calls, emails, text messages, or even leaving unwanted gifts or notes. Such actions may infringe upon the victim's privacy and peace of mind.
Additionally, physical contact or threats of physical harm may also fall under this category if they are intended to annoy or alarm. This includes actions such as shoving, hitting, or other forms of unwelcome touching. Verbal threats that instill fear, even without physical contact, are also considered second-degree harassment due to the emotional distress they can cause.
It is worth noting that defences against charges of second-degree harassment may include lack of intent, misinterpretation, or protection of free speech rights. However, a thorough understanding of the law and the specific circumstances of the case is necessary to mount an effective defence.
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Threatening to cause physical harm
In the United States, threatening to cause physical harm is a violation of second-degree harassment laws in several states, including New York and Connecticut. While the specific definitions and penalties vary by state, threatening to cause physical harm is generally considered a serious offence and can result in legal consequences.
New York
In New York, aggravated harassment in the second degree is a class A misdemeanour, carrying a maximum penalty of one year in jail and a $1000 fine. While second-degree harassment is not considered a crime, it is still a serious matter that can result in incarceration and/or a fine. The New York Penal Law defines aggravated harassment in the second degree as occurring when an individual, with the intent to harass another person, communicates a threat to cause physical harm to that person, their property, or a member of their family or household. This communication can be made anonymously or through various means, including telephone, computer, electronic devices, mail, or any other form of delivering a message. The individual making the threat should reasonably know that their communication will cause the other person to fear for their physical safety or the safety of their property or family.
Connecticut
In Connecticut, threatening in the second degree is a violation of the Connecticut General Statutes § 53a-62. It is considered a Class A misdemeanour, punishable by up to one year in jail and a fine. This statute makes it illegal to make physical threats against others, and it applies even if the individual is not physically present or able to carry out the threat immediately. Domestic violence cases often involve charges under this statute, as heated arguments can lead to threats of violence. Threatening in the second degree can also be elevated to a Class D felony if the threat is made against a house of religious worship, a school, or a daycare centre during operational hours.
Common Elements
While the laws vary by state, some common elements constitute threatening to cause physical harm in the context of second-degree harassment:
- Intent to Harass: There must be a clear intent to harass, annoy, threaten, or alarm the victim.
- Communication of Threat: The threat can be communicated through various means, including verbal, written, electronic, or physical gestures.
- Reasonable Fear: The victim must have a reasonable fear for their physical safety or the safety of their property or family.
- No Legitimate Purpose: The conduct or communication serves no legitimate purpose and is solely intended to threaten or intimidate.
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Frequently asked questions
Second-degree harassment occurs when someone intentionally bothers another person through physical contact or threats. It is not considered a crime but is still a serious offence and can result in incarceration and/or a fine.
Second-degree harassment can include striking, shoving, kicking, or physically contacting a person, or making a threat to commit any such acts. It can also include following someone in a public place, or committing repeated acts that serve no legitimate purpose other than to threaten, intimidate, or coerce the victim.
Aggravated second-degree harassment is a class A misdemeanour, which can carry a maximum penalty of one year in jail and a $1000 fine. It involves bothering people via phone, including phone stalking, repeated dialling and hanging up, and interrupting someone's business by preventing them from accessing phone lines.
Aggravated second-degree harassment can include making a phone call with no legitimate purpose other than to harass the person, or acting with the intent to harass by hitting, shoving, or kicking another person and causing injury. It can also include making a threat to cause physical injury or damage the property of another person or someone in their household.
Second-degree harassment is a serious matter that can result in a criminal record. While it is not considered a felony or misdemeanour, it can still carry penalties such as incarceration and fines. It is important to seek legal representation to navigate the court process and protect your interests.
