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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 28353
Experience:  10+ years defending Misdemeanor and Felony cases.
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Is it legal in NYS to verbally threaten bodily harm to another

Customer Question

Is it legal in NYS to verbally threaten bodily harm to another person via cellphone?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 2 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good evening. I certainly understand the situation and your concern. No, it is not legal and the person could face criminal charges, under NYS law. I have provided the statute below for you to review, as this is certainly something the State can charge them under. It would likely be filed as a misdemeanor crime as well.
S 240.30 Aggravated harassment in the second degree.
A person is guilty of aggravated harassment in the second degree 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, such person, or a member
of such person's same family or household as defined in subdivision one
of section 530.11 of the criminal procedure law, and the actor knows or
reasonably should know that such communication will cause such person to
reasonably fear harm to such person's physical safety or property, or to
the physical safety or property of a member of such person's same family
or household; 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, such
person, a member of such person's same family or household as defined in
subdivision one of section 530.11 of the criminal procedure law, and the
actor knows or reasonably should know that such communication will cause
such person to reasonably fear harm to such person's physical safety or
property, or to the physical safety or property of a member of such
person's same family or household; or
2. With intent to harass or threaten another person, he or she 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 another person,
he or she 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, 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 another person,
he or she strikes, shoves, kicks or otherwise subjects another person to
physical contact thereby causing physical injury to such person or to a
family or household member of such person as defined in section 530.11
of the criminal procedure law; or
5. He or she commits the crime of harassment in the first degree 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.
Aggravated harassment in the second degree is a class A misdemeanor.
Customer: replied 2 years ago.
Filed a complaint recently with a deputy and she told us that it was legal. My bro. in law threatened physical harm to myself and my husband after being asked by parents to do so. Threat was via cellphone. Lives 5miles from my home.
Customer: replied 2 years ago.
Afraid. Was told laws have changed and basically anyone can do anything they want to another except literally attempting to kill someone.
Customer: replied 2 years ago.
We don't know what to do. I went to my local Sheriff's dept. and was told that NOBODY THERE knew the laws. They ALL have to look it up on comp. I was told to do the same. I feel like I am going to explode.
Customer: replied 2 years ago.
a
Expert:  CrimDefense replied 2 years ago.
I understand how hard it can be when turning to the police for help and they do not do anything. Another option would be to try and go the civil route and obtain a restraining / protective order against him. You can fill out the forms and file it with the clerk and go before the judge to be heard