What is aggravated harrassment?

Full Question:

I have been charged with aggravated harrassment. I never put my hands on this person. All I did was call him and I got angry on his answering machine. I left a message saying I was going to knock his teeth out of his head if he did not tell the two girls he was cheating on the truth. Is this crime a misdemeanor or a violation? my other question is iv also been charged with falsley reported incodent but i dident lie i told the truth i just dident tell them my real name i said i was someone els but i did hear people arguing and it looked like someone had hit another person with thes two charges what is the max amount of time i am lookiing at personaly i dont think i did anything wrong but pleae can someone help me
10/26/2007   |   Category: Criminal ยป Harassment   |   State: New York   |   #10983

Answer:

The following is a statute:

§ 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.

§ 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.

§ 240.60 Penal. Falsely reporting an incident in the first degree.

A person is guilty of falsely reporting an incident in the first degree
when he:

1. commits the crime of falsely reporting an incident in the second
degree as defined in section 240.55 of this article, and has previously
been convicted of that crime; or

2. commits the crime of falsely reporting an incident in the third degree
as defined in subdivisions one and two of section 240.50 of this article or
falsely reporting an incident in the second degree as defined in
subdivisions one and two of section 240.55 of this article and another
person who is an employee or member of any official or quasi-official
agency having the function of dealing with emergencies involving danger to
life or property; or who is a volunteer firefighter with a fire department,
fire company, or any unit thereof as defined in the volunteer firefighters'
benefit law; or who is a volunteer ambulance worker with a volunteer
ambulance corporation or any unit thereof as defined in the volunteer
ambulance workers' benefit law suffers serious physical injury or is killed
in the performance of his or her official duties in traveling to or working
at or returning to a firehouse, police station, quarters or other base
facility from the location identified in such report; or

3. commits the crime of falsely reporting an incident in the third degree
as defined in subdivisions one and two of section 240.50 of this article or
falsely reporting an incident in the second degree as defined in
subdivisions one and two of section 240.55 of this article and another
person suffers serious physical injury or is killed as a result of any
vehicular or other accident involving any emergency vehicle which is
responding to, operating at, or returning from the location identified in
such report.

4. An emergency vehicle as referred to in subdivision three of this
section shall include any vehicle operated by any employee or member of any
official or quasi-official agency having the function of dealing with
emergencies involving danger to life or property and shall include, but not
necessarily be limited to, an emergency vehicle which is operated by a
volunteer firefighter with a fire department, fire company, or any unit
thereof as defined in the volunteer firefighters' benefit law; or by a
volunteer ambulance worker with a volunteer ambulance corporation, or any
unit thereof as defined in the volunteer ambulance workers' benefit law.

5. Knowing the information reported, conveyed or circulated to be false
or baseless and under circumstances in which it is likely public alarm or
inconvenience will result, he or she initiates or circulates a report or
warning of an alleged occurrence or an impending occurrence of a fire, an
explosion, or the release of a hazardous substance upon school grounds and
it is likely that persons are present on said grounds.

6. Knowing the information reported, conveyed or circulated to be false
or baseless and under circumstances in which it is likely public alarm or
inconvenience will result, he or she initiates or circulates a report or
warning of an alleged occurrence or impending occurrence of a fire,
explosion or the release of a hazardous substance in or upon a sports
stadium or arena, mass transportation facility, enclosed shopping mall, any
public building or any public place, and it is likely that persons are
present. For purposes of this subdivision, the terms "sports stadium or
arena, mass transportation facility or enclosed shopping mall" shall have
their natural meaning and the term "public building" shall have the meaning
set forth in section four hundred one of the executive law.

Falsely reporting an incident in the first degree is a class D felony.

§ 240.55 Penal. Falsely reporting an incident in the second degree.

A person is guilty of falsely reporting an incident in the second degree
when, knowing the information reported, conveyed or circulated to be false
or baseless, he or she:

1. Initiates or circulates a false report or warning of an alleged
occurrence or impending occurrence of a fire, explosion, or the release of
a hazardous substance under circumstances in which it is not unlikely that
public alarm or inconvenience will result;

2. Reports, by word or action, to any official or quasi-official agency
or organization having the function of dealing with emergencies involving
danger to life or property, an alleged occurrence or impending occurrence
of a fire, explosion, or the release of a hazardous substance which did not
in fact occur or does not in fact exist; or

3. Knowing the information reported, conveyed or circulated to be false
or baseless and under circumstances in which it is likely public alarm or
inconvenience will result, he or she initiates or circulates a report or
warning of an alleged occurrence or an impending occurrence of a fire, an
explosion, or the release of a hazardous substance upon any private
premises.

Falsely reporting an incident in the second degree is a class E felony.

§ 240.50 Penal. Falsely reporting an incident in the third degree.

A person is guilty of falsely reporting an incident in the third degree
when, knowing the information reported, conveyed or circulated to be false
or baseless, he:

1. Initiates or circulates a false report or warning of an alleged
occurrence or impending occurrence of a crime, catastrophe or emergency
under circumstances in which it is not unlikely that public alarm or
inconvenience will result; or

2. Reports, by word or action, to an official or quasi-official agency or
organization having the function of dealing with emergencies involving
danger to life or property, an alleged occurrence or impending occurrence
of a catastrophe or emergency which did not in fact occur or does not in
fact exist; or

3. Gratuitously reports to a law enforcement officer or agency (a) the
alleged occurrence of an offense or incident which did not in fact occur;
or (b) an allegedly impending occurrence of an offense or incident which in
fact is not about to occur; or (c) false information relating to an actual
offense or incident or to the alleged implication of some person therein;
or

4. Reports, by word or action, to the statewide central register of child
abuse and maltreatment, as defined in title six of article six of the
social services law, an alleged occurrence or condition of child abuse or
maltreatment which did not in fact occur or exist.

Falsely reporting an incident in the third degree is a class A
misdemeanor.

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