N.Y. Penal Law § 240.31: Aggravated harassment in the first degree

§ 240.31 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, gender identity or expression, 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;

4. Sets on fire a cross in public view; or

5. Etches, paints, draws upon or otherwise places or displays a noose,

commonly exhibited as a symbol of racism and intimidation, 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.

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