Legal Question in Criminal Law in New York

So I just went to the local police and they told me that it's not against the penal code, but when I look at the penal code this portion stands out:

Section 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 or she:

1. Either (a) communicates with a person, anonymously or otherwise by telephone, or by telegraph, mail or any other form of written communication, in a manner likely to cause annoyance or alarm; or (b) causes a communication to be initiated by mechanical or electronic means or otherwise, with a person, anonymously or otherwise, by telephone, or by telegraph, mail or any other form of written communication, in a manner likely to cause annoyance or alarm;

I've received a "postcard" in my door from a local church saying that I deserve to die (isn't that intended to cause alarm?). The officer said that this is OK as long as they don't address me specifically? After asking a few times, he finally referred me to the Attorney General's office to file a complaint.


Asked on 3/14/11, 10:36 am

1 Answer from Attorneys

Joel Salinger Law Office of Joel R. Salinger

The police officer is right. It is covered by the First Amendment to the Constitution of the United States.

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Answered on 3/16/11, 8:16 pm


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