PL 120.14 · Article 120
Menacing in the Second Degree
Second-degree menacing may involve displaying a qualifying weapon or apparent firearm, repeated following or a course of conduct, or third-degree menacing that violates a qualifying stay-away order. These are separate alternatives, and the prosecutor must prove the requirements of the applicable alternative beyond a reasonable doubt.
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PL 120.14 · Original statutory wording; excerpts must be read together with the full section.
§ 120.14 Menacing in the second degree. A person is guilty of menacing in the second degree when: 1. He or she intentionally places or attempts to place another person in reasonable fear of physical injury, serious physical injury or death by displaying a deadly weapon, dangerous instrument or what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm; or 2. He or she repeatedly follows a person or engages in a course of conduct or repeatedly commits acts over a period of time intentionally placing or attempting to place another person in reasonable fear of physical injury, serious physical injury or death; or 3. He or she commits the crime of menacing in the third degree in violation of that part of a duly served order of protection, or such order which the defendant has actual knowledge of because he or she was present in court when such order was issued, pursuant to article eight of the family court act, section 530.12 of the criminal procedure law, or an order of protection issued by a court of competent jurisdiction in another state, territorial or tribal jurisdiction, which directed the respondent or defendant to stay away from the person or persons on whose behalf the order was issued. Menacing in the second degree is a class A misdemeanor.Read the full section at the New York State SenateIn everyday language
Second-degree menacing may involve displaying a qualifying weapon or apparent firearm, repeated following or a course of conduct, or third-degree menacing that violates a qualifying stay-away order. These are separate alternatives, and the prosecutor must prove the requirements of the applicable alternative beyond a reasonable doubt.
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 following are alternatives, not cumulative requirements; the prosecutor must prove every requirement of the applicable alternative beyond a reasonable doubt.
- Alternative 1: By displaying a deadly weapon, dangerous instrument, or something appearing to be a pistol, revolver, rifle, shotgun, machine gun, or other firearm, the person accused intentionally placed or attempted to place another person in reasonable fear of physical injury, serious physical injury, or death.
- Alternative 2: The person accused repeatedly followed a person, engaged in a course of conduct, or repeatedly committed acts over time, intentionally placing or attempting to place another person in reasonable fear of physical injury, serious physical injury, or death. The listed forms of conduct are alternatives, as are actual fear and attempted fear.
- Alternative 3: The person accused committed third-degree menacing—using physical menace intentionally to place or attempt to place another person in fear of death, imminent serious physical injury, or physical injury—and thereby violated the stay-away portion of a qualifying protection order.
- For alternative 3, the order must have been duly served or actually known to the person accused because the person accused was present in court when it was issued. It must be an order under family court act article eight or criminal procedure law section 530.12, or an order from a court of competent jurisdiction in another state, territorial jurisdiction, or tribal jurisdiction, directing the respondent or defendant to stay away from the protected person or persons.
Defenses that commonly apply
- For the display alternative, what was displayed, and did the circumstances support an intentional creation or attempted creation of reasonable fear?
- For the conduct alternative, do the evidence and timeline establish repeated following, a course of conduct, or repeated acts over time with the required intent?
- For the protection-order alternative, do the order and court records establish its qualifying stay-away terms, proper service or actual knowledge through presence at issuance, and conduct amounting to third-degree menacing?
Penalties and collateral consequences
A Class A Misdemeanor carries a maximum sentence of up to 364 days and a fine of up to $1,000.
Common questions about your defense
Does proof that a displayed gun was not real defeat second-degree menacing?
The display alternative expressly includes something that appears to be a listed firearm, so an actual firearm is not always required. Evidence that the object did not appear to be a firearm, was not otherwise a deadly weapon or dangerous instrument, or was not displayed with the required intent could challenge that alternative. The prosecutor must prove its requirements beyond a reasonable doubt, while the repeated-conduct and protection-order alternatives have separate requirements.
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 120.15 · Class B Misdemeanor
PL 120.13 · Class E Felony
PL 265.01 · Class A Misdemeanor
PL 120.20 · Class A Misdemeanor
PL 120.25 · Class D Felony
PL 120.03 · Class E Felony
PL 120.45 · Class B Misdemeanor
PL 120.50 · Class A Misdemeanor
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