Know the Laws: New York

UPDATED January 12, 2009

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Even if you do not qualify for an order of protection, the abuser may have committed a crime.  If you call the police, they may arrest him for a crime and they may issue a restraining order through the criminal courts

Below is a list of crimes in New York that the abuser may have committed.  You will need to read the New York Laws (statutes) to find definitions of each of these.  Some of the Penal Code is on our NY Legal Statutes page.   You may also want to look at the Laws of New York online (click the Laws of New York link , then choose the Penal Code).

In New York, there is no specific crime of domestic violence, but the abuser may have committed one or more of these crimes:

• assault (Section 120.00 through 120.12)
• menacing (Section 120.13 through 120.15)
• reckless endangerment (Section 120.20 through 120.25)
• promoting a suicide attempt (Section 120.30 through 120.35)
• stalking (Section 120.40 through 120.60)
• sexual offenses (Section 130.00 through 130.96)  (please see below for links to more info about sexual assault)
• unlawful imprisonment (Section 135.00 through 135.15)
• kidnapping (Section 135.20 through 135.30)
• labor trafficking (including sex trafficking) (Sections 135.35 through 135.36)
• custodial interference (Sections 135.45 through 135.50)
• coercion (Sections 135.60 through 135.75)
• burglary or trespass (Sections 140.00 through 140.40)
• criminal mischief, tampering or reckless endangerment of property (harm to your things or property) (Sections 145.00 - 145.70)
• other crimes listed in the Penal Code of the New York State Laws.

Please visit the NYC Alliance Against Sexual Assault website for more information about sexual assault laws in New York:

• For survivors in NY who want to press charges: http://nycagainstrape.org/survivors_press_charges.html
• For survivors in NY who do not want to press charges: http://nycagainstrape.org/survivors_no_charges.html
• Information about NY laws related to sexual assault:  http://nycagainstrape.org/survivors_legal.html

In 2009, the New York State Office for the Prevention of Domestic Violence released a resource guide designed to help domestic violence victims find their way through the criminal justice system in New York State and learn ways to increase their safety.  It is available in English here.

You may also want to contact the Stalking Resource Center if you are being stalked or harassed: www.ncvc.org/src

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