N.Y. Penal Law § 215.51: Criminal contempt in the first degree

§ 215.51 Criminal contempt in the first degree.

A person is guilty of criminal contempt in the first degree when:

(a) he contumaciously and unlawfully refuses to be sworn as a witness

before a grand jury, or, when after having been sworn as a witness

before a grand jury, he refuses to answer any legal and proper

interrogatory; or

(b) in violation of a duly served order of protection, or such order

of which the defendant has actual knowledge because he or she was

present in court when such order was issued, or an order of protection

issued by a court of competent jurisdiction in this or another state,

territorial or tribal jurisdiction, he or she:

(i) intentionally places or attempts to place a person for whose

protection such order was issued in reasonable fear of physical injury,

serious physical injury or death by displaying a deadly weapon,

dangerous instrument or what appears to be a pistol, revolver, rifle,

shotgun, machine gun or other firearm or by means of a threat or

threats; or

(ii) intentionally places or attempts to place a person for whose

protection such order was issued in reasonable fear of physical injury,

serious physical injury or death by repeatedly following such person or

engaging in a course of conduct or repeatedly committing acts over a

period of time; or

(iii) intentionally places or attempts to place a person for whose

protection such order was issued in reasonable fear of physical injury,

serious physical injury or death when he or she communicates or causes a

communication to be initiated with such person by mechanical or

electronic means or otherwise, anonymously or otherwise, by telephone,

or by telegraph, mail or any other form of written communication; or

(iv) with intent to harass, annoy, threaten or alarm a person for

whose protection such order was issued, repeatedly makes telephone calls

to such person, whether or not a conversation ensues, with no purpose of

legitimate communication; or

(v) with intent to harass, annoy, threaten or alarm a person for whose

protection such order was issued, strikes, shoves, kicks or otherwise

subjects such other person to physical contact or attempts or threatens

to do the same; or

(vi) by physical menace, intentionally places or attempts to place a

person for whose protection such order was issued in reasonable fear of

death, imminent serious physical injury or physical injury.

(c) he or she commits the crime of criminal contempt in the second

degree as defined in subdivision three of section 215.50 of this article

by violating that part of a duly served order of protection, or such

order of which the defendant has actual knowledge because he or she was

present in court when such order was issued, under sections two hundred

forty and two hundred fifty-two of the domestic relations law, articles

four, five, six and eight of the family court act and section 530.12 of

the criminal procedure law, or an order of protection issued by a court

of competent jurisdiction in another state, territorial or tribal

jurisdiction, which requires the respondent or defendant to stay away

from the person or persons on whose behalf the order was issued, and

where the defendant has been previously convicted of the crime of

aggravated criminal contempt or criminal contempt in the first or second

degree for violating an order of protection as described herein within

the preceding five years; or

(d) in violation of a duly served order of protection, or such order

of which the defendant has actual knowledge because he or she was

present in court when such order was issued, or an order issued by a

court of competent jurisdiction in this or another state, territorial or

tribal jurisdiction, he or she intentionally or recklessly damages the

property of a person for whose protection such order was issued in an

amount exceeding two hundred fifty dollars.

Criminal contempt in the first degree is a class E felony.