Jonah Patel
Second-degree harassment, also known as aggravated harassment in the second degree, is a class A misdemeanour in New York. It is a crime that punishes individuals who engage in actions intended to annoy, threaten, or cause another person to fear for their safety. This includes threatening to cause physical harm or unlawful harm to property. In Missouri, a person commits second-degree harassment if they engage in any act without good cause to cause emotional distress to another person. Second-degree harassment is a serious offence that can result in incarceration and/or a fine, even though it is not considered a crime in New York.
| Characteristics | Values |
|---|---|
| Type of Crime | Misdemeanor |
| Type of Misdemeanor | Class A |
| Maximum Penalty | 1 year in jail and a $1000 fine |
| Intent | To harass, annoy, threaten, alarm, or cause emotional distress |
| Actions | Communicating threats, physical contact, following in a public place |
| Extenuating Circumstances | Racism, gender bias, hate of immigrants, homophobia, other forms of hatred |
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What You'll Learn
- In New York, second-degree harassment is a violation, but not a crime
- Aggravated harassment in the second degree is a class A misdemeanour
- It includes threatening conduct, physical contact, or threats
- It can also include annoying, frightening, and bothersome conduct
- It can be punishable by up to a year in jail and a $1000 fine
In New York, second-degree harassment is a violation, but not a crime
In New York, second-degree harassment is classified as a violation, but it is not considered a crime. This means that while it is not a misdemeanour or a felony, a person accused of second-degree harassment may still face incarceration and/or a fine, and will have to go through a court process to resolve their case.
Second-degree harassment, or aggravated harassment in the second degree, occurs when someone intentionally bothers another person and communicates a threat to cause physical harm to them, their property, or a member of their family or household. This can be done anonymously or otherwise, by telephone, computer, or any other electronic means, including mail. The person making the threat should also reasonably be aware that their communication will cause the other person to fear for their safety or the safety of their property or family.
Second-degree harassment also includes physically striking, shoving, kicking, or making threatening physical contact with another person. It also includes following someone in a public place, or repeatedly committing acts that alarm or seriously annoy another person, with no legitimate purpose other than to threaten, intimidate, or coerce.
In New York, aggravated harassment in the second degree is a class A misdemeanour, with a maximum penalty of one year in jail and a $1000 fine. A conviction for this crime can result in a criminal record. However, it is important to note that not all cases of second-degree harassment will result in a conviction or the maximum penalty.
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Aggravated harassment in the second degree is a class A misdemeanour
To be convicted of aggravated harassment in the second degree, the government must prove each element of the offence. The law breaks the offence into three subsections, each specifying different acts that may be considered harassment. The first of these subsections criminalises bothering people on the phone. This includes phone stalking, repeated dialling and hanging up, and interrupting someone's business by preventing them from accessing phone lines.
The second subsection involves offensive physical touching with the intent to bother or upset someone, but not to cause serious injury. This includes striking, shoving, kicking, or otherwise physically contacting another person.
The third subsection is a response to harassment based on racism, gender bias, hate of immigrants, homophobia, and other forms of hatred. This includes following someone in a public place, committing acts that serve no legitimate purpose and only seek to threaten, intimidate, or coerce, and committing multiple or repeated acts that seriously annoy or alarm another person.
While second-degree harassment is not considered a crime in New York, it is still a serious matter. Those accused will go through a court process and may face incarceration and/or a fine.
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It includes threatening conduct, physical contact, or threats
In the United States, the definition of second-degree harassment varies by state.
Missouri
In Missouri, a person commits second-degree harassment if they engage in any act, without good cause, with the purpose of causing emotional distress to another person. This is considered a class A misdemeanour, unless the person has a prior conviction for a similar offence, in which case it becomes a class E felony.
New York
In New York, second-degree harassment is not considered a crime, but it is still a serious matter. A person is guilty of second-degree harassment when, with the intent to harass, annoy, or alarm another person, they engage in physical contact or make threats of physical or unlawful harm to property. This includes striking, shoving, kicking, or threatening to do the same.
Second-degree harassment in New York can also involve following someone in a public place, repeatedly committing acts that cause alarm or annoyance without a legitimate purpose, or making phone calls with no purpose of legitimate communication.
Aggravated Harassment in the Second Degree
Aggravated Harassment in the Second Degree is a class A misdemeanour in New York, punishable by up to a year in jail and a $1,000 fine. This type of harassment involves threatening conduct, including threatening physical injury or property damage to another person or their family. It also includes phone harassment, such as repeated dialing to bother someone or interrupting their phone access.
While second-degree harassment in New York is not a felony or misdemeanour, it can still result in incarceration and/or a fine, and a person charged should seek legal representation.
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It can also include annoying, frightening, and bothersome conduct
While the specifics of second-degree harassment vary by state, it generally involves engaging in specific conduct against another person with the intent to harass, annoy, alarm, or threaten them. In New York, for example, aggravated harassment in the second degree is a class A misdemeanour. It can include annoying, frightening, and bothersome conduct, such as:
- Phone stalking, repeated dialling, and hanging up on someone with the intent to bother them.
- Interrupting someone's business by preventing them from accessing phone lines.
- Offensive physical touching with the intent to bother or upset someone, but not causing serious injury.
- Following someone in a public place.
- Repeatedly committing acts that alarm or seriously annoy another person and serve no legitimate purpose.
In Missouri, a person commits second-degree harassment if they engage in any act without good cause, intending to cause emotional distress to another person. This can include annoying, frightening, or bothersome conduct that causes emotional distress to the victim.
It's important to note that the definition and penalties for second-degree harassment may vary by state, and specific legal advice should be sought for individual cases.
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It can be punishable by up to a year in jail and a $1000 fine
In the United States, aggravated harassment in the second degree is a Class A misdemeanour. This means that it can be punishable by up to a year in jail and a $1000 fine.
In New York, aggravated harassment in the second degree is a crime that punishes individuals who engage in actions that are intended to annoy, threaten, or cause another person to fear for their safety. For instance, this could include threatening to cause physical harm to a person or their property, or to a member of their family or household. This provision has also survived constitutional challenges with respect to the First Amendment rights of free speech.
In Missouri, a person commits the offence of harassment in the second degree if they engage in any act, without good cause, with the purpose of causing emotional distress to another person. Harassment in the second degree is a misdemeanour, unless the person has previously pleaded guilty to or been found guilty of a violation of this section, in which case it is a Class E felony.
Harassment in the first degree is a more serious offence, considered a Class B misdemeanour. This involves intentionally and repeatedly harassing another person by following them in a public place, or committing acts that place a person in reasonable fear of physical injury. More serious racial bias crimes, such as cross burning and defacing buildings with Nazi symbols, are punished as aggravated harassment in the first degree.
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Frequently asked questions
Second-degree harassment is a violation that is not considered a crime. However, if found guilty, one could still face incarceration and/or a fine.
Second-degree harassment occurs when an individual, without good cause, engages in any act with the purpose to cause emotional distress to another person. This includes striking, shoving, kicking, or otherwise subjecting the victim to physical contact.
An example of second-degree harassment would be an individual following a person in or about a public place with the intent to harass, annoy, or alarm them.
Aggravated second-degree harassment is a class A misdemeanor that punishes individuals who engage in conduct intended to annoy, threaten, or cause another person to fear for their safety. This includes communicating threats of physical harm or unlawful harm to property.
Examples of aggravated second-degree harassment include more serious racial bias crimes, such as cross burning and defacing buildings with Nazi symbols.
