Aggravated harassment in the second degree, a class A misdemeanor A, can occur in several ways. Someone who communicates or attempts to communicate with another person with intent to cause alarm or disgust faces a charge of harassment in the second degree aggravated. It can also be charged if the defendant applies physical force because of race, color, national origin, sex, religion, age, disability or sexual orientation.
In addition, the second-degree aggravated harassment occurs whenever a defendant is convicted of first-degree harassment for the second time in over 10 years. The sentence can be up to one year in prison and three years’ probation.
Aggravated harassment in the first degree
New York keeps his more harsh penalties for aggravated harassment in the first degree, class E felony with a maximum penalty of four years in prison. It is defined as harass, threaten or alarm intentionally to someone because of their race, color, national origin, sex, religion, age, disability or sexual orientation, the load also intends to commit one of the following actions: damage to religious property, put a swastika on a property without the owner’s permission, set a cross on fire in public or place a fence on property without the owner’s permission. The first degree aggravated harassment also occurs when a defendant is convicted twice in 10 years of second-degree aggravated harassment.
Stalking in the third degree
The third-degree stalking occurs when a person has the intent to harass, annoy or alarm anyone and acts in a way that may cause the victim to this topic physical injury, sexual assault, kidnapping or death, either your own person or family. This is a class A misdemeanor, which can carry up to a year in prison and three years’ probation.