PL 240.30 · Article 240
Aggravated Harassment in the Second Degree
This charge applies when you communicate a threat of harm by phone, mail or electronic means, make a harassing phone call with no legitimate purpose, or target someone with conduct motivated by a protected characteristic such as race, religion, gender or sexual orientation.
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Text us immediately · (845) 290-2492What the prosecutor must prove
- You intended to harass another person.
- You sent or caused a threatening communication, made a harassing call, or engaged in targeted conduct covered by the statute.
- For the bias-based subsection, the conduct was motivated by a protected characteristic.
Defenses that commonly apply
- The communication was not a threat.
- There was no intent to harass.
- The protected-characteristic element cannot be proved.
- The message or account is not what the prosecution claims.
Penalties and collateral consequences
A Class A Misdemeanor carries a maximum sentence of up to 364 days and a fine of up to Up to $1,000.
Every case turns on its own facts. The information on this page is general, not legal advice.
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