Legal Question in Civil Litigation in New York
can i be charged with harrassment?
Hello, I am a college student who is going out with a wonderful guy. My problem is that his ex-girlfriend, from two years ago, recently started instant messaging him and emailing him. Talking about how he was the best she ever had, she often wonders about what could have been, new tricks in bed, and complimenting him endlessly on his wisdom and stuff. He asked her not to talk to him again after the first conversation. She emailed him, and continued to instant message him, until he finally blocked her, but she could still email him. I sent her a couple of emails and instant messages, asking what part of i don't want to talk to you anymore she didn't understand. I told her that he realizes that she hasn't changed and will continue to hurt him (she cheated on him twice in the relationship). My emails were very polite, I did not cuss her out or anything, just asked her to stop harrassing him because he isn't interested. She never replied to anything I sent, though she did complain about it to my boyfriend. Someone told him last night that I could be charged with harrassment, and I was just wondering what the technicalities of this are. Any help would be appreciated.
2 Answers from Attorneys
Re: can i be charged with harrassment?
The statute for Aggravated Harassment in the second degree may be found in NY Penal law section 240.30. The law states the following:
"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. Communicates, or 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; or
2. Makes a telephone call, whether or not a conversation ensues, with no purpose of legitimate communication; or
3. Strikes, shoves, kicks, or otherwise subjects another person to physical contact, or attempts or threatens to do the same because of a belief or perception regarding such person's race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation, regardless of whether the belief or perception is correct; or
4. (Added, L 1992) Commits the crime of harassment in the first degree and has previously been convicted of the crime of harassment in the first degree as defined by section 240.25 of this article within the preceding ten years.
Aggravated harassment in the second degree is a class A misdemeanor."
Although I have not read your emails, from your story it does not seem that you intended to annoy, threaten, harrass or harm. You just wanted this girl to stop.
I strongly suggest that you have your boyfriend change his email address.
Re: can i be charged with harrassment?
Hi-
I received your post on 10-27-2000.
Sorry about your dilemma, but it is true..if she goes to the authorities, it is a form of aggrevated harassment. Whether or not it will ever amount to anything is another matter.
Good Luck...and keep smiling.
RRG
P.S.--Change your/his e-mail address
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
