Malcolm Rivera
Aggravated harassment in the second degree is a crime in New York that punishes individuals who engage in actions intended to annoy, threaten, or cause another person to fear for their safety. It is a class A misdemeanour, carrying a maximum penalty of one year in jail, three years of probation, and a fine of up to $1,000. Aggravated harassment in the second degree can take the form of cyber harassment, such as threatening communications over the internet or phone, or phone stalking. It is often charged alongside criminal contempt, and is one of the most commonly charged crimes in both domestic violence and non-familial contexts.
| Characteristics | Values |
|---|---|
| Crime type | Misdemeanor |
| Degree | Second-degree |
| Jurisdiction | New York |
| Law | New York Penal Law 240.30 |
| Punishment | Up to one year in jail, three-year probation, and a fine of up to $1,000 |
| Nature of crime | Annoying, threatening, frightening, or bothersome conduct |
| Mode of communication | Telephone, computer, electronic means, or mail |
| Type of threat | Physical harm or harm to the property of the victim or their family |
| Previous conviction | Harassment in the first degree within the past ten years |
| Accompanying charges | Criminal contempt, violation of an existing Order of Protection |
| Related crimes | Cyber harassment, phone stalking, repeated dialing and hanging up, interrupting someone's business by blocking phone lines |
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What You'll Learn
Communicating a threat electronically or by mail
Aggravated harassment in the second degree is a crime in New York that punishes individuals who engage in actions intended to annoy, threaten, or cause another person to fear for their safety. It is classified as a class A misdemeanour, which can result in up to a year in jail, extended probation, and a permanent criminal record.
It is important to note that anonymity is not a defence against this charge. Even if the perpetrator intends to remain anonymous, they can still be found guilty of aggravated harassment in the second degree. Additionally, it is not necessary for the recipient to actually answer the phone call or read the message for the charge to apply. The mere act of initiating the threatening communication is sufficient for a violation.
Defences against this charge often involve examining the available evidence, such as phone records, IP information, voice recordings, or witness testimonies, to challenge the allegations and the credibility of the prosecution's case.
Aggravated harassment in the second degree is a serious offence that can have significant legal consequences. It is important to seek legal advice and understand the specific circumstances and defences available in each case.
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Phone stalking
In New York, aggravated harassment in the second degree is a class A misdemeanour. This means that those found guilty can be sentenced to up to a year in jail, probation, and a permanent criminal record. They may also be subject to a fine of up to $1,000.
In the context of aggravated harassment, the term "harass" means to engage in certain actions that are intended to annoy, threaten, or cause another person to fear for their safety. The government must prove each element of the offence in order to convict.
It is important to note that the defence in these cases is directly tied to the particulars of the charges filed. The support and safety needs of victims should be identified and considered throughout the case by the police in dialogue with the prosecutor. The dynamics involved in these cases need to be understood to provide an appropriate and effective response, and serious charges require a serious defence.
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Criminal contempt
Aggravated harassment in the second degree is a New York crime that punishes individuals who engage in actions intended to annoy, threaten, or cause another person to fear for their safety. This includes cyber harassment, which is the most common type of harassment used to prosecute in New York.
To be found guilty of aggravated harassment in the second degree, an individual must have engaged in specific actions with the intent to harass, annoy, threaten, or alarm another person. This includes communicating a threat of physical harm or harm to the property of the victim or their family, either electronically or by mail.
Aggravated Harassment in the Second Degree is a Class A misdemeanour, with a maximum penalty of one year in jail, three years of probation, and a fine of up to $1,000. Monetary penalties for aggravated harassment have increased, with fines ranging from $500 to $2,500 for the first violation and $2,500 to $12,500 for each subsequent violation.
One of the offenses most closely associated with aggravated harassment is criminal contempt. These cases often arise in the context of domestic violence or relationships and often involve an existing Order of Protection from a Criminal or Family Court. When an individual is arrested and charged with aggravated harassment, it is typically accompanied by a contempt charge, as the new alleged crime would violate the existing Order of Protection.
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Prior conviction of harassment
In the United States, penalties for a criminal harassment conviction can include jail time, fines, probation, restraining orders, and a criminal record. The penalties for criminal harassment can increase when it is considered a hate crime or when the defendant has a prior record for harassment.
In the state of South Carolina, the penalties for second-degree harassment include up to 30 days in jail and a fine of not more than $200. First-degree harassment after a previous harassment conviction can be a felony, with up to five years' imprisonment.
In New York, aggravated harassment in the second degree is a class A misdemeanor, punishable by up to a year in jail and a fine of up to $1,000. Aggravated harassment in the first degree can result in up to three years in jail. Aggravated harassment charges are commonly accompanied by contempt charges, as they often violate existing Orders of Protection.
Harassment can be a misdemeanour or a felony, depending on the circumstances. The consequences of a felony conviction are much more serious and long-lasting, including restrictions on firearm ownership, professional licensing, and government benefits.
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Intent to harass, annoy, threaten or alarm
Aggravated harassment in the second degree is a crime in New York that punishes individuals who engage in actions intended to annoy, threaten, or cause another person to fear for their safety. It is a class A misdemeanour, carrying a maximum penalty of one year in jail, three years of probation, and a fine of up to $1,000.
The intent to harass, annoy, threaten, or alarm another person is a key element of this crime. This means that the offender's words or conduct must be purposefully directed at causing these feelings in the victim. For example, this crime prohibits phone stalking, repeated dialling and hanging up, interrupting someone's phone line, or sending threatening messages via phone, internet, or mail.
The threatening statements or conduct must be communicated directly to the victim or through another person. The offender may also be anonymous, but this is not a defence against the charge. The threat must be one of physical harm or harm to the property of the victim or their family, and the offender must know or reasonably know that their actions will cause the victim to reasonably fear such harm.
Aggravated harassment in the second degree is often charged alongside criminal contempt, as these cases often arise in the context of domestic violence or relationships, where an Order of Protection may already be in place. This crime is also frequently used to prosecute cyber harassment, and it has survived constitutional challenges based on First Amendment rights and due process issues.
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Frequently asked questions
Aggravated harassment in the second degree is a New York crime that punishes individuals who engage in certain actions intended to annoy, threaten, or cause another person to fear for their safety. It is a class A misdemeanour, with a maximum penalty of one year in jail, three years of probation, and a fine of up to $1,000.
Aggravated harassment in the second degree can take the form of cyber harassment. This includes threatening communications made electronically, by phone, or by mail. The threat must be one of physical harm or harm to the property of the victim or their family. It can also include phone stalking, repeated dialling and hanging up, and interrupting someone's business by preventing them from accessing phone lines.
The penal code for aggravated harassment in the second degree is New York Penal Law 240.30.
Aggravated harassment in the first degree involves more serious racial bias crimes like cross burning and defacing buildings with Nazi symbols. It also applies when a defendant has been convicted of harassment in the first degree within the past ten years. Aggravated harassment in the second degree is often charged in cases of domestic violence or in a non-familial context.
