PL 240.25 · Article 240
Harassment in the First Degree
This offense addresses intentional and repeated harassment through public following, a course of conduct, or repeated acts that place another person in reasonable fear of physical injury. The statute excludes activities regulated by the three specified federal labor laws.
Has your loved one been arrested or taken into police custody?
Text us immediately · (845) 290-2492Definition under New York law
PL 240.25 · Original statutory wording; excerpts must be read together with the full section.
§ 240.25 Harassment in the first degree. A person is guilty of harassment in the first degree when he or she intentionally and repeatedly harasses another person by following such person in or about a public place or places or by engaging in a course of conduct or by repeatedly committing acts which places such person in reasonable fear of physical injury. This section shall not apply to activities regulated by the national labor relations act, as amended, the railway labor act, as amended, or the federal employment labor management act, as amended. Harassment in the first degree is a class B misdemeanor.Read the full section at the New York State SenateIn everyday language
This offense addresses intentional and repeated harassment through public following, a course of conduct, or repeated acts that place another person in reasonable fear of physical injury. The statute excludes activities regulated by the three specified federal labor laws.
At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.
CPL § 70.20What the prosecutor must prove
- The prosecutor must prove beyond a reasonable doubt that the person accused intentionally and repeatedly harassed another person.
- The conduct may consist of following that person in or about a public place or places, engaging in a course of conduct, or repeatedly committing acts. These are alternatives, not cumulative requirements.
- The harassment must place the other person in reasonable fear of physical injury.
- The section does not apply to activities regulated by the National Labor Relations Act, Railway Labor Act, or Federal Employment Labor Management Act, as amended.
Defenses that commonly apply
- What evidence shows intentional and repeated harassment rather than isolated or unintentional encounters?
- Did the alleged conduct place the other person in fear of physical injury, and was that fear reasonable under the circumstances?
- Was the activity regulated by any of the three listed federal labor laws?
Penalties and collateral consequences
A Class B Misdemeanor carries a maximum sentence of up to 3 months and a fine of up to $500.
Common questions about your defense
Is annoyance alone enough for first-degree harassment?
The supplied statute requires intentional and repeated harassment that places another person in reasonable fear of physical injury. If the evidence establishes only annoyance rather than that fear, it could support a challenge to the charge. The prosecutor must prove all required elements beyond a reasonable doubt, and the specified labor-activity exclusion also applies.
Why is starting a defense early imperative?
An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.
How does an experienced lawyer help build the best possible defense?
Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.
Does an arrest or police report prove the charge?
No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.
Can the charge be dismissed or reduced?
That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.
Every case turns on its own facts. The information on this page is general, not legal advice.
Related charges
PL 240.26 · Violation
PL 240.30 · Class A Misdemeanor
PL 240.31 · Class E Felony
PL 240.20 · Violation
PL 240.50 · Class A Misdemeanor
Related practice areas
Aggressive, experienced defense for arrests, investigations, and serious charges in Rockland, Orange, and Westchester Counties.
From major felonies to misdemeanors and violations, a former prosecutor in your corner from arraignment to verdict.
Tickets, license suspensions, and DMV hearings — keep points off your record and your license in your pocket.