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Legal Statutes: New York

UPDATED October 12, 2012

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Article 240. Offenses Against Public Order

back to topSec. 240.26 Harassment in the second degree

A person is guilty of harassment in the second degree when, with intent to harass, annoy or alarm another person:

1. He or she strikes, shoves, kicks or otherwise subjects such other person to physical contact, or attempts or threatens to do the same; or

2. He or she follows a person in or about a public place or places; or

3. He or she engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose.

Subdivisions two and three of this section shall not apply to activities regulated by the national labor relations act, [FN1] as amended, the railway labor act, [FN2] as amended, or the federal employment labor management act, [FN3] as amended.

Harassment in the second degree is a violation.
(Formerly § 240.25, L.1965, c. 1030; amended L.1967, c. 791, § 41; L.1988, c. 86, § 2; renumbered and amended L.1992, c. 345, §§ 3, 4; L.1994, c. 109, § 1.)

[FN1] 29 USCA § 151 et seq.

[FN2] 45 USCA § 151 et seq.

[FN3] So in original. Probably refers to the Federal Service Labor-Management Relations Act, 5 USCA § 7101 et seq.