Can my boyfriend's ex wife be arrested for harassment or aggravated harassment threatening?

Full Question:

My boyfriends wife repeatedly calls the house. They are getting a divorce. My boyfriend has had his cell number changed 4 times in the past 3 months. The police say they can not arrest her for aggravated harassment unless she is explicit inher threats. She has threatened to kick my ass. I have been told there's nothing I can do about it. Can she be arrested for harassment or aggravated harassment?
10/19/2007   |   Category: Criminal ยป Harassment   |   State: New York   |   #10580

Answer:

The applicable New York statutes are as follows:

§ 240.25 Penal. Harassment in the first degree.

A person is guilty of harassment in the first degree when he or she
intentionally and repeatedly harasses another person by following such
person in or about a public place or places or by engaging in a course of
conduct or by repeatedly committing acts which places such person in
reasonable fear of physical injury. 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 first degree is a class B misdemeanor.

§ 240.26 Penal. 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.

§ 240.30 Penal. 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; 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. 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.

§ 240.31 Penal. Aggravated harassment in the first degree.

A person is guilty of aggravated harassment in the first degree when with
intent to harass, annoy, threaten or alarm another person, 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, he
or she:

1. Damages premises primarily used for religious purposes, or acquired
pursuant to section six of the religious corporation law and maintained for
purposes of religious instruction, and the damage to the premises exceeds
fifty dollars; or

2. Commits the crime of aggravated harassment in the second degree in the
manner proscribed by the provisions of subdivision three of section 240.30
of this article and has been previously convicted of the crime of
aggravated harassment in the second degree for the commission of conduct
proscribed by the provisions of subdivision three of section 240.30 or he
or she has been previously convicted of the crime of aggravated harassment
in the first degree within the preceding ten years; or

3. Etches, paints, draws upon or otherwise places a swastika, commonly
exhibited as the emblem of Nazi Germany, on any building or other real
property, public or private, owned by any person, firm or corporation or
any public agency or instrumentality, without express permission of the
owner or operator of such building or real property; or

4. Sets on fire a cross in public view.

Aggravated harassment in the first degree is a class E felony.

(As amended by Laws 2000, ch. 107, Sec. 4, eff. Oct. 8, 2000; Laws 2006,
ch. 49, Sec. 1, eff. Jun. 7, 2006.)

§ 55.10 Penal. Designation of offenses.

1. Felonies.

(a) The particular classification or subclassification of each felony
defined in this chapter is expressly designated in the section or article
defining it.

(b) Any offense defined outside this chapter which is declared by law to
be a felony without specification of the classification thereof, or for
which a law outside this chapter provides a sentence to a term of
imprisonment in excess of one year, shall be deemed a class E felony.

2. Misdemeanors.

(a) Each misdemeanor defined in this chapter is either a class A
misdemeanor or a class B misdemeanor, as expressly designated in the
section or article defining it.

(b) Any offense defined outside this chapter which is declared by law to
be a misdemeanor without specification of the classification thereof or of
the sentence therefor shall be deemed a class A misdemeanor.

(c) Except as provided in paragraph (b) of subdivision three, where an
offense is defined outside this chapter and a sentence to a term of
imprisonment in excess of fifteen days but not in excess of one year is
provided in the law or ordinance defining it, such offense shall be deemed
an unclassified misdemeanor.

3. Violations. Every violation defined in this chapter is expressly
designated as such. Any offense defined outside this chapter which is not
expressly designated a violation shall be deemed a violation if:

(a) Notwithstanding any other designation specified in the law or
ordinance defining it, a sentence to a term of imprisonment which is not in
excess of fifteen days is provided therein, or the only sentence provided
therein is a fine; or

(b) A sentence to a term of imprisonment in excess of fifteen days is
provided for such offense in a law or ordinance enacted prior to the
effective date of this chapter but the offense was not a crime prior to
that date.

4. Traffic infraction. Notwithstanding any other provision of this
section, an offense which is defined as a "traffic infraction" shall not be
deemed a violation or a misdemeanor by virtue of the sentence prescribed
therefor.

§ 80.05 Penal. Fines for misdemeanors and violation.

1. Class A misdemeanor. A sentence to pay a fine for a class A
misdemeanor shall be a sentence to pay an amount, fixed by the court, not
exceeding one thousand dollars, provided, however, that a sentence imposed
for a violation of section 215.80 of this chapter may include a fine in an
amount equivalent to double the value of the property unlawfully disposed
of in the commission of the crime.

2. Class B misdemeanor. A sentence to pay a fine for a class B
misdemeanor shall be a sentence to pay an amount, fixed by the court, not
exceeding five hundred dollars.

3. Unclassified misdemeanor. A sentence to pay a fine for an unclassified
misdemeanor shall be a sentence to pay an amount, fixed by the court, in
accordance with the provisions of the law or ordinance that defines the
crime.

4. Violation. A sentence to pay a fine for a violation shall be a
sentence to pay an amount, fixed by the court, not exceeding two hundred
fifty dollars.

In the case of a violation defined outside this chapter, if the amount of
the fine is expressly specified in the law or ordinance that defines the
offense, the amount of the fine shall be fixed in accordance with that law
or ordinance.

5. Alternative sentence. If a person has gained money or property through
the commission of any misdemeanor or violation then upon conviction
thereof, the court, in lieu of imposing the fine authorized for the offense
under one of the above subdivisions, may sentence the defendant to pay an
amount, fixed by the court, not exceeding double the amount of the
defendant's gain from the commission of the offense; provided, however,
that the amount fixed by the court pursuant to this subdivision upon a
conviction under section 11-1904 of the environmental conservation law
shall not exceed five thousand dollars. In such event the provisions of
subdivisions two and three of section 80.00 shall be applicable to the
sentence.

6. Exception. The provisions of this section shall not apply to a
corporation.

Ask Legal Question

Your Privacy is 100% Confidential!