PL 240.26 · Article 240
Harassment in the Second Degree
This offense requires intent to harass, annoy, or alarm, plus one of three alternative forms of conduct: physical contact or an attempt or threat, following in or about public places, or a qualifying course of conduct or repeated acts. The statute excludes specified federally regulated labor activities from the following and repeated-conduct alternatives.
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PL 240.26 · Original statutory wording; excerpts must be read together with the full section.
§ 240.26 Harassment in the second degree. A person is guilty of harassment in the second degree when, with intent to harass, annoy or alarm another person: 1. He or she strikes, shoves, kicks or otherwise subjects such other person to physical contact, or attempts or threatens to do the same; or 2. He or she follows a person in or about a public place or places; or 3. He or she engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose. Subdivisions two and three of 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 second degree is a violation.Read the full section at the New York State SenateIn everyday language
This offense requires intent to harass, annoy, or alarm, plus one of three alternative forms of conduct: physical contact or an attempt or threat, following in or about public places, or a qualifying course of conduct or repeated acts. The statute excludes specified federally regulated labor activities from the following and repeated-conduct alternatives.
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 intended to harass, annoy, or alarm another person and engaged in at least one of the following alternatives; the alternatives are not cumulative.
- Alternative 1: striking, shoving, kicking, or otherwise subjecting that person to physical contact, or attempting or threatening to do so.
- Alternative 2: following a person in or about a public place or places.
- Alternative 3: engaging in a course of conduct or repeatedly committing acts that alarm or seriously annoy the other person and serve no legitimate purpose.
- Alternatives 2 and 3 do 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 an intent to harass, annoy, or alarm rather than a different purpose?
- Which alternative is alleged, and do the facts establish its particular contact, attempt, threat, public-following, or repeated-conduct requirements?
- For the repeated-conduct alternative, was there a legitimate purpose, or for alternatives 2 or 3, was the activity regulated by one of the listed labor laws?
Penalties and collateral consequences
A Violation carries a maximum sentence of up to 15 days and a fine of up to $250.
Frequently charged alongside a domestic dispute. Even a violation can support an order of protection, so the long-term consequences can outweigh the 15-day maximum.
Common questions about your defense
Can a legitimate purpose matter to a second-degree harassment defense?
The course-of-conduct or repeated-acts alternative expressly requires that the conduct serve no legitimate purpose. Evidence of a legitimate purpose could challenge that alternative, but does not automatically defeat the separate physical-contact or public-following alternatives. The prosecutor must prove the required intent and the applicable alternative beyond a reasonable doubt, subject to the stated labor-activity exclusions.
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 120.25 · Class D Felony
PL 240.25 · Class B Misdemeanor
PL 120.00 · Class A Misdemeanor
PL 240.20 · Violation
PL 240.30 · Class A Misdemeanor
PL 240.31 · Class E Felony
PL 240.50 · Class A Misdemeanor
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