New York Penal Law § 240.30 – Aggravated Harassment in the Second Degree

Aggravated Harassment in the Second Degree is a New York crime that punishes individuals who engage in certain actions that are intended to annoy, threaten, or cause another person to fear for their safety. Aggravated Harassment in the Second Degree is a class A misdemeanor.

Before a judge or jury can convict anyone of Aggravated Harassment in the Second Degree, the government must prove each element of the offense. Like many other criminal offenses, there are several ways that someone can commit Aggravated Harassment in the Second Degree, including:

1. A defendant makes a threat to cause physical injury or damage the property of another person or someone in the recipient’s family or household;
2. A defendant solicits a third party to make a threat of physical harm or property damage to another person or a person in the recipient’s family or household;
3. A defendant makes a phone call with no legitimate purpose other than to harass the person they called;
4. Acting with the intent to harass, a defendant hits, shoves, or kicks another person causing injury; or
5. A defendant commits Harassment in the First Degree after having been previously convicted of the same within the past ten years.

Notably, the fact that a defendant intended to remain anonymous is not a defense to Aggravated Harassment in the Second Degree.

There are several ways someone can be charged with Aggravated Harassment in the Second Degree, including:

• A college student makes an anonymous but threatening prank call to their professor;
• A man threatens to beat up his ex-girlfriend’s new partner;
• A woman enlists the help of a friend to threaten a co-worker; or
• A person with a prior harassment conviction follows a co-worker who previously refused his advances.

Often, prosecutors bring Aggravated Harassment in the Second Degree charges along with one or more of the following:

• Aggravated Harassment in the First Degree – NY Penal Law § 240.31
• Inciting to Riot – NY Penal Law § 240.08
• Harassment in the First Degree – NY Penal Law § 240.25
• Harassment in the Second Degree – NY Penal Law § 240.26
• Disorderly Conduct – NY Penal Law § 240.20
• Criminal Nuisance of the First Degree – NY Penal Law § 240.46
• Criminal Nuisance of the Second Degree – NY Penal Law § 240.45

The defenses to Aggravated Harassment in the Second Degree include:

• The defendant did not intend to harass the alleged victim;
• The third-party who engaged in threatening conduct misunderstood the defendant’s words, and that was not what the defendant was asking the third party to do;
• The alleged victim fabricated the phone call, physical contact or threats;
• While the defendant may have caused another physical injury, it was unintentional or in self-defense.

Aggravated Harassment in the 2nd Degree is a class A misdemeanor. In New York, class A misdemeanors are punishable by up to a year in jail. The court can also impose a fine of up to $1,000.

At Tilem & Associates, P.C., we understand that there is a fine line between protected speech and harassment, and that most people who end up charged with aggravated harassment had no intention of committing a crime. However, these are serious charges, and serious charges require a serious defense. At our New York criminal defense law firm, our attorneys have over four decades of combined experience defending clients charged with all types of misdemeanor and felony crimes, including harassment and aggravated harassment. We are immediately available to meet with you to get started working on a compelling defense to the charges you face. To learn more, and to schedule a free consultation today, call 877-377-8666. You can also reach us through our online contact form.