Legal Question in Criminal Law in New York

harassment 2nd degree

"S 240.26 Harassment in the second degree. A person is guilty of harassment in the second degree when, withintent to harass, annoy or alarm another person: 1. He or she strikes, shoves, kicks or otherwise subjects such otherperson 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 actswhich alarm or seriously annoy such other person and which serve nolegitimate purpose. Subdivisions two and three of this section shall not apply toactivities regulated by the national labor relations act, as amended,the railway labor act, as amended, or the federal employment labormanagement act, as amended. Harassment in the second degree is a violation."

:: and a "violation" is less than a misdemeanor, punishable by a maximum of 15 days in jail.:: however, there is another 'harrassment 2nd degree' -->>

"S 240.30 Aggravated harassment in the second degree. A person is guilty of aggravated harassment in the second degree when,with intent to harass, annoy, threaten or alarm another person, he orshe: 1. Communicates, or causes a communication to be initiated bymechanical or electronic means or otherwise, with a person, anonymouslyor otherwise, by telephone, or by telegraph, mail or any other form ofwritten communication, in a manner likely to cause annoyance or alarm;or 2. Makes a telephone call, whether or not a conversation ensues, withno purpose of legitimate communication; or 3. Strikes, shoves, kicks, or otherwise subjects another person tophysical contact, or attempts or threatens to do the same because of therace, color, religion or national origin of such person; or 4. Commits the crime of harassment in the first degree and haspreviously been convicted of the crime of harassment in the first degreeas defined by section 240.25 of this article within the preceding tenyears. Aggravated harassment in the second degree is a class A misdemeanor."

:: & this one is a misdemeanor punishable by up to 1 year in jail.