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New York · Through 2026-09-11

N.Y. Penal Law § 240.33: Aggravated harassment of a judge

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Where this section sits in the code
  1. Penal Law
  2. Part 3. Specific Offenses
  3. Title N. Offenses Against Public Order, Public Sensibilities and the Right to Privacy
  4. Article 240. Offenses Against Public Order

§ 240.33 Aggravated harassment of a judge.

A person is guilty of aggravated harassment of a judge when:

1. With intent to harass another person, the actor either:

(a) communicates, anonymously or otherwise, by telephone, by computer

or any other electronic means, or by mail, or by transmitting or

delivering any other form of communication, a threat to cause physical

harm to, or unlawful harm to the property of, a person the actor knows

or reasonably should know is a judge, or a member of such judge's

immediate family, and the actor knows or reasonably should know that

such communication will cause such judge to reasonably fear harm to such

judge's physical safety or property, or to the physical safety or

property of a member of such judge's immediate family; or

(b) causes a communication to be initiated anonymously or otherwise,

by telephone, by computer or any other electronic means, or by mail, or

by transmitting or delivering any other form of communication, a threat

to cause physical harm to, or unlawful harm to the property of, a person

the actor knows or reasonably should know is a judge, or a member of

such judge's immediate family, and the actor knows or reasonably should

know that such communication will cause such judge to reasonably fear

harm to such person's physical safety or property, or to the physical

safety or property of a member of such judge's immediate family; or

2. With intent to harass or threaten a person the actor knows or

reasonably should know is a judge or a member of such judge's immediate

family, the actor makes a telephone call, whether or not a conversation

ensues, with no purpose of legitimate communication; or

3. With the intent to harass, annoy, threaten or alarm a person the

actor knows or reasonably should know is a judge or a member of such

judge's immediate family, the actor 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, gender identity or

expression, religion, religious practice, age, disability or sexual

orientation, regardless of whether the belief or perception is correct;

or

4. With the intent to harass, annoy, threaten or alarm a person the

actor knows or reasonably should know is a judge or a member of such

judge's immediate family, the actor strikes, shoves, kicks or otherwise

subjects another person to physical contact thereby causing physical

injury to such person or to an immediate family member of such person;

or

5. The actor commits the crime of harassment in the first degree

against a person the actor knows or reasonably should know is a judge or

a member of such judge's immediate family 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.

For purposes of this section: "judge" shall mean a judge of a court of

record or a justice court; and "immediate family" shall have the same

meaning as defined in section 120.40 of this chapter.

Aggravated harassment of a judge is a class E felony.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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